Infopaket

Features of consideration of certain categories of civil cases

ВБ.01.04.13

Вибіркова дисципліна для ОП

First

2022/2023

8 Semester

6

Know and understand the skills of legal analysis of current civil procedural legislation, the principles of civil justice, judicial practice regarding the peculiarities of consideration and resolution of various categories of cases in litigation; acquire knowledge about civil jurisdiction, its types and resolve issues of transferring a case from one court to another; developing skills in identifying criteria for the subject of the claim; acquiring skills in exercising the right to have a case considered in general claim and simplified claim proceedings; developing skills in identifying procedural features of certain categories of civil cases.

Know and understand the nature and essence of claim proceedings, its types, differences from other types of civil proceedings, definition of the concepts of "claim", "claim proceedings", "tasks of civil proceedings", "written statements of the participants in the case", "opening of proceedings in the case", "preparatory proceedings", "dispute settlement with the participation of a judge", "consideration of the case on the merits", "recording of the trial", "closing and stopping the proceedings in the case, leaving the claim without consideration", etc. Be able to analyze relevant legal relations, determine their legal nature and structure; draw up civil procedural documents. Possess skills in using legal techniques, skills in written and oral state language, correctly use legal terminology; competently and accurately express and justify one's own legal position on a specific civil case or judicial practice on a certain category of civil cases.

Theoretical foundations of the claim form of protection of civil rights in certain categories of civil cases. Tasks and basic principles (principles) of civil procedural law and their implementation in claim proceedings. Implementation of accessibility of justice and the right to a fair trial in claim proceedings. General characteristics of the claim proceedings. Written statements of the participants in the case. Court costs Opening of proceedings in the case. Procedural actions of the court and the participants in the case in the preparatory proceedings in the case Procedural order and consequences of the settlement of the dispute with the participation of a judge. Simplified claim proceedings. Consideration of the case on the merits. Procedures for stopping and closing the proceedings in the case, leaving the claim without consideration: grounds, conditions and procedural consequences. Abuse of procedural rights. Measures of procedural coercion Civil jurisdiction. Definition of categories of civil cases that are considered in claim proceedings. Definition of family, housing, land and labor disputes that are considered in litigation.

Civil Code of Ukraine dated 16.01.2003 No. 435-IV. Family Code of Ukraine dated January 10, 2001 Civil Procedure Code of Ukraine dated March 18, 2004 Code of Administrative Procedure of Ukraine dated July 6, 2005 Civil Procedure of Ukraine: Textbook for students of legal specialties of higher educational institutions/Edited by N.V. Vasilyna, Y. D. Prytyky – Kyiv: Publishing House “Dakor”, 2022.–324 p. Civil Procedure Code of Ukraine. Scientific and Practical Commentary./ Edited by N.Yu. Golubeva. Kyiv: Yurinkom Inter, 2021.804p. Practice of Application of Legislation in Civil Proceedings of Ukraine / Edited by O.S. Zakharova. Kyiv: Yurinkom Inter. Letter of the Law. 2018. 1080p. Decision of the European Court of Human Rights in civil cases. Protection of property, private and family life and freedom of opinion/ compiled by O.V. Kovalsky; edited by O.S. Zakharova. Kyiv: Yurinkom Inter, 2019.328p.

Report (speech on a given topic); supplement; participation in a discussion; scientific work (meaningful written work on a given topic with literature analysis and conclusions) as one of the forms of independent work; solving situational problems; testing (choosing the correct ones from a set of judgments); drawing up procedural documents; test work

The maximum final grade for this discipline can be 100 points. The final grade for the academic discipline is formed by adding the number of points obtained according to the results of the current assessment and the number of points obtained according to the final form of control (test); for successful completion of the discipline, the sum of such points cannot be less than 60 points.

Ukrainian