Procedure Paperwork in Civil Litigation
Course: «Еducational and Professional Program Law»
Structural unit: Educational and Scientific Institute of Law
Title
Procedure Paperwork in Civil Litigation
Code
ВБ.01.02.13
Module type
Вибіркова дисципліна для ОП
Educational cycle
First
Year of study when the component is delivered
2023/2024
Semester/trimester when the component is delivered
7 Semester
Number of ECTS credits allocated
4
Learning outcomes
To determine the current theoretical and practical provisions on the grounds, justification, motivation of procedural documents. Describe the procedure for filing claims, response to the statement of claim, responses to revocations and objections, as well as the strategy for participation in the trial. Analyze, critically comprehend possible forms, ways of protection, restoration of rights, freedoms or interests of a person during participation in court proceedings. Assess the credibility of the information received against the regulatory framework for civil dispute resolution. Develop options for a legal position to resolve a civil dispute, prepare draft documents of legal, procedural nature, solve legal issues with regards to its factual and regulatory basis.
Form of study
Full-time form
Prerequisites and co-requisites
Know the basic conceptual approaches, theoretical principles of drafting procedural documents in civil proceedings, the concept, content and meaning of each type of procedural act, methodological basis for the effectiveness of justification and features of their application in the exercise of procedural rights by litigants.
Be able to analyze the relevant civil procedural legal relations, determine their legal nature, content; differentiate the grounds and conditions for drawing up and submitting procedural documents; determine the content and justification of procedural applications depending on the type of proceedings in civil proceedings, as well as depending on the instance of civil proceedings.
Have the skills to prepare draft procedural documents, accounting for the peculiarities of the practical situation, the basics of strategy and tactics for legal issues solutions.
Course content
History and theory of procedural documents in civil cases. Written statements of the parties to the case are in its essence a method of compiling them. Written statements of the participants in the case on procedural issues, the method of their compilation. Judicial decisions of trial hearings at different stages of the civil case. Types of court rulings and methods of their preparation. Complications in civil proceedings. Procedural documents in injunctive proceedings. Procedural documents in separate proceedings.
Recommended or required reading and other learning resources/tools
1.Civil Procedure Code of Ukraine
2.Civil Procedure Practice 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.
3. The Law of Ukraine “On the Judicial System and the Status of Judges”: Scientific and Practical Commentary / Edited by Dr. Law, Prof. M. A. Pogoretsky, Dr. Law, Prof. O. Khotynska-Nor, Dr. Law, Prof. O. G. Yanovska – Kyiv: Alerta, 2019. - 668 p.
4. Vasilyna N.V., Prytyka Y.D. Development of Private Principles in Civil Procedure / Law of Ukraine. - No. 2. - 2019. - P. 162-174.
5. Grabovska O.O. Legislative regulation of evidence, establishment of facts and circumstances in the civil process of Ukraine. Visegrad journal on human rights (Slovak Republic). 2016. No. 1/1. P. 80–85.
Planned learning activities and teaching methods
Verbal: explanations, discussions, lectures, solutions to practical cases and cases of judicial practice
visual: illustration, demonstration, self-observation
practical: analysis of current case law, practical tasks, problem solving.
Assessment methods and criteria
The maximum final grade for this discipline can be 100 points. The student can receive in the form of semester control (exams, tests) a maximum of 60 points, to which the points obtained by students during seminars are added If the student scored less than 36 points in the form of semester control (exams, tests), the latter are not added to the semester grade (regardless of the number of points obtained during the semester), and the column "Exam scores" is set to "0", respectively, only the number of points obtained during the semester is transferred to the "score" column. points. If during the semester the amount of points received by the student as a result of the current control is more than 40 points, in fact, only 40 points are credited.
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Victoria
Olehivna
Bazhanova
Сivil Procedure Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Departments
The following departments are involved in teaching the above discipline
Сivil Procedure Department
Educational and Scientific Institute of Law