Infopaket

Application of Civil Law: Problems of Theory and Practice

ВБ.01.12.27

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

Achieving by students such competencies, skills and abilities as: reproduce deep knowledge within the specialization on the application of civil law; collect, process and analyze a significant amount of information on the application of civil law, interpretation of law, imperative and dispositive rules; evaluate and analyze legal problems and practical legal situations, propose approaches to solving such problems, as well as evaluate the legal problem comprehensively and offer different options for its solution in order to protect, defend or restore his rights, freedoms or interests.

Distance form

Know the main aspects of the doctrine of civil law, its features and structure, features of classification of civil law, characteristics, principles, functions and specifics of stages of law enforcement, the place of interpretation of civil law in the process of application as well as methodological principles and specifics of interpretation agreements and unilateral transactions, features of the formation of a single case law on the application of civil law. Be able to assess and determine the role, meaning and objectives of the application of civil law, distinguish between types of civil law and determine their place in the mechanism of legal regulation and judicial practice. Have the skills to substantiate the features of dispositive rules, their legal nature and specifics of application using specific examples from case law as well as using legal methods to resolve disputes arising in the application of civil law and interpretation of treaties and unilateral transactions.

Forms of teaching and teaching methods are aimed at conducting legal analysis of the application of civil law in doctrine and jurisprudence and studying theoretical and practical issues on the peculiarities of law enforcement in the process of improving civil law and forming a unified judicial practice in Ukraine. Within the limits of educational discipline the general characteristic of civil legal norm of its signs and structure is studied; classification of civil law; law enforcement as an element of the mechanism of civil law regulation, its principles and functions; specifics of stages of law enforcement in civil proceedings; interpretation in the process of application of civil law norms; features of dispositive and imperative norms, their legal nature and specifics of application in judicial practice; the role of judicial practice in the development of civil law and the conditions for the formation of a unified domestic judicial practice in the application of civil law.

1.Dovgert A.S. Codification of Private (Civil) Law of Ukraine. - К.: Ukr. Center for Legal Studies, 2000. - 336 p. ; 2. Kuznetsova N.S. Legal Doctrine of Ukraine: in 5 vols. Vol. 3: Doctrine of Private Law of Ukraine. - H.: Pravo, 2013. - 760 p.; 3. Kokhanovskaya O.V. Civil Law as a Universally Binding Rule of Conduct, as Information and the Result of Creativity.// Bulletin of the National Academy of Legal Sciences of Ukraine. - Kharkiv: Law, 2018. - Vol.25, №2. – 190p. - P.142 - 156; 4. Kokhanovska O.V. The Norm of Civil Law as a Universally Obligatory Formally Defined Rule of Conduct, as Information and the Result of Creativity.// Eight Legal Disputes on Current Issues of Private Law, Dedicated to the Memory of Vaskovsky E.V.: Proceedings of the International Scientific and Practical Conference (Odessa, May 18, 2018). - Odessa, 2018. - 324 p. - P.4 - 9; 5.Muzyka L. A. Conception of Civil and Legal Policy of Ukraine: monograph. Kyiv: Palivoda V. V. 2020 512 p..

Lectures, seminars, self-study work of the student on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher

In seminars, the current evaluation of student knowledge of the discipline includes: report - up to 5 points;supplement to the report - up to 3 points; express questioning - up to 3 points colloquium - up to 4 points;case resolution - up to 5.self-study work - up to 4 points;. report on the topic of individual task - up to 6 points; report on the performance of an individual task - up to 4 points essay - up to 3 points; testing - up to 3 points; . abstract - up to 6 points;. participation in the discussion - up to 3 points;test questioning - up to 10 points; final test - up to 5 points. The minimum score that can be obtained by a student on the appropriate forms of assessment is one point. The maximum score that can be obtained by a student per semester is 40 points. A student who has not reached the minimum threshold level of assessment (24 points) of those learning outcomes that cannot be assessed during the final assessment may be excluded from the final assessment

Ukrainian