Infopaket

LEGAL DEFECTS IN THE MECHANISM OF LEGAL REGULATION: PREVENTION AND MINIMIZATION

Вибіркова дисципліна для ОП

Third

2023/2024

4 Semester

4

Students' achievement of such competencies, skills and abilities as: to know conceptual scientific approaches to the legal nature of legal defects, their types, causes of legal defects in the mechanism of legal regulation, as well as practical approaches to minimize legal defects by application of both general and special legal means of minimizing legal defects based on the principles of the rule of law, legality, legal certainty, guaranteeing human rights as the highest social value in the country in terms of adapting legislation to the requirements of the European Union on association with the EU.

It is mandatory to preliminary - Know: theoretical and doctrinal provisions of the theory of law of Ukraine and other states on the concept, typology and levels of legal understanding, basic theoretical approaches to understanding the law, essence, functions and values of law. - Be able to: independently solve practical situations related to the application of the requirements of current legislation, apply different ways of interpreting the law. - Master the following skills: basic skills of interpretation of legal norms, conducting comparative legal research, application in practice of normative legal acts of current legislation.

The discipline is designed to give a worldview of the legal nature of legal defects in the mechanism of legal regulation, their varieties, causes, means and ways to prevent their occurrence in the law-making process and minimize them in the interpretation of legal norms and law enforcement. The study of the discipline should form in students the ability to solve complex problems in professional and research activities based on the principles of the rule of law, legality, legal certainty, guaranteeing human rights as the highest social value in the country in adapting legislation to European requirements. Union in accordance with the Association Agreement with the EU.

1. Little Laura E. Conflict of Laws Structure and Vision: Updating a Venerable Discipline. Georgia State University Law Review. 2015. Vol.31, Issue 2. Pp. 231-287. http://readingroom.law.gsu.edu/ 2. Vasiliev S.V. "Uncertainty" in the mechanism of legal regulation of procedural legal relations and legal instruments for its elimination. The rule of law. 2021. № 42. pp. 22-31. 3. Gordeev V.V. Defects of legal facts and other elements of factual composition in the administrative proceedings of Ukraine. Administrative law and process. 2014. № 1 (7). Pp. 175–184. 4. Kovalenko T.O. Legal defects in the legal regulation of land relations in Ukraine: approaches to classification. State and regions. 2011. № 4. Рp. 107–12. 5. Chernyavska B.V. Legal defects in the legal support of the right to freedom of association in public organizations in Ukraine. Pre-Carpathian Legal Bulletin. 2012. Issue 3 (28). Vol. 2. Pp. 123-128.

Lecture, seminar, individual work. Report (presentation on a given topic), enhencing to the report, express survey, case solving, individual work, testing (choose the correct one from a set of judgments), module control.

Types of ongoing monitoring are selected according to the programme and may include evaluation of reports, surveys, testing, etc. The teacher, who conducts seminars, sets the number of points scored out of current control points and puts them in the documents of student performance. If a student is absent at a seminar for good reasons, he / she may work out the missed class in extra-curricular classes within 7 days after the missed class during the teacher's consultations. Academic detention is carried out by oral examination or other type of task set by the teacher. Points are not awarded for missed classes. It is not allowed to work out the missed classes at the end of the semester. Assessment of individual tasks is carried out in class according to a predetermined schedule of their performance by listening to the results, group discussion and more.

Ukrainian