Infopaket

Application of Civil Law: Problems of Theory and Practice

ВБ.01.12.27

Вибіркова дисципліна для ОП

Second

2022/2023

3 Semester

3

Students' achievement of such competencies, in particular: the ability to conduct research at the appropriate level and apply knowledge of the theory of civil law and its application, the ability to make decisions in situations requiring systematic, logical and functional interpretation of civil law; the ability to independently prepare draft legal acts with the application of civil law and predict their impact on relevant social relations; the ability to make informed decisions on the application of civil law; the ability to make informed decisions on the application of civil law.

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.

The forms of teaching and teaching methods of this discipline are aimed at conducting a legal analysis of the application of civil law in doctrine and court practice and studying theoretical and practical issues related to the peculiarities of the application of civil law in the process of improving civil legislation and forming a unified judicial practice in Ukraine. The course provides for in-depth study of the current legislation of Ukraine in the field of application of civil law, legal literature, basic concepts and special terminology.

1. Bychkova S. Unequal application of substantive law as a ground for review by the Supreme Court of Ukraine of a court decision in a civil case. Entrepreneurship, economy and law. - 2013. - No. 2. - pp. 48-51. 2. Hnatiuk M.D. Law enforcement and its place in the process of realization of the right: PhD thesis in Law. Kyiv, 2007. 21 p. 3. Dovgert A.S. Codification of Private (Civil) Law of Ukraine, ed. O. A. Pidopryhora, D. V. Bobrova - m. Kyiv: Ukrainian Center for Legal Studies, 2000. 336 p.; 4. Zamorska, L. I. Genesis of the formulation of the category "legal norm". Actual problems of state and law: a collection of scientific papers. - 2011 - No. 61. - P. 310-315. 5. Kizlova O. The category of "contract" as the basis for the emergence of a legal norm. Conceptual features. Yurydychnyi vestnik No. 1, 2013, pp. 101-107.

Lectures, seminars, independent work of students based on textbooks, notes, methodological recommendations, and consultations with the teacher.

The minimum score to be obtained by a student on the relevant assessment forms during the semester is 24 points. The maximum score that a student can receive as a result of studying during the semester is 40 points. If a student does not reach the minimum threshold level of assessment (24 points), the teacher who conducted the seminar classes and accepted the workshops addresses the Director of the Institute of Law with a submission in which he or she records the student's failure to fulfill the individual curriculum. Based on the results of the final form of control (test), a student can receive a maximum of 60 points. - final assessment: credit (in the form of an interview with the possible use of information and communication technologies)

Ukrainian