Infopaket

Simplified proceedings in civil litigation

ВБ.01.01.28

Вибіркова дисципліна для ОП

Second

2021/2022

1 Semester

3

To know the definition of the structure of civil procedure and the place of civil proceedings in it the main aspects of the formation and development of simplified proceedings, features of the procedural procedure of each simplified proceedings, features of classification and content, their legal nature. Be able to assess and determine the role and tasks of the institution of summary proceedings, distinguish between types of injunctions, summons, separate and other proceedings, give legal characteristics of individual simplified proceedings, use the Unified State Register of Judgments to study case law and analyze the latest practical issues conducting simplified proceedings and features of protection of individual rights in the order of simplified proceedings. To have basic skills in the preparation of procedural documents, taking into account the peculiarities of the practical situation and with the help of legal methods to resolve disputes arising in simplified proceedings.

Full-time form

Knowledge of doctrinal understanding of the nature and essence of proceedings, understanding of the concepts of "proceedings", "simplification of proceedings" "sources of law", "types of justice", "judicial system of Ukraine", "jurisdictional bodies", "jurisdiction", obtained as a result of studying the discipline Theory of Law "," Judiciary "," Civil Procedure of Ukraine "knowledge of the basics of procedural forms of dispute resolution, obtained as a result of studying the discipline" Judiciary of Ukraine "," Civil Procedure of Ukraine "; skills of using the requirements of legal technique, acquired as a result of studying the discipline "Drawing up procedural documents in civil litigation".

Content module 1. GENERAL THEORETICAL FUNDAMENTALS OF SIMPLIFIED PROCEEDINGS General characteristics of proceedings in civil proceedings. Simplified proceedings as an element (type) of civil proceedings. Problems of indisputability of claims as a subject of court proceedings in the order of simplified proceedings. Activities of the court in simplified proceedings. Content module 2. CURRENT PROBLEMS OF CONSIDERATION OF CERTAIN TYPES OF SIMPLIFIED PROCEEDINGS Features of injunction proceedings as a type of simplified proceedings. Features of separate proceedings as a type of simplified proceedings. Consideration of cases by way of simplified claim proceedings. Perspective directions of reforming simplified proceedings of simplified claim proceedings. Resumption of lost court proceedings.

Civil Procedural Code of Ukraine. Scientific and practical commentary./ed. by N.Yu. Golubeva. Kyiv: Yurinkom Inter, 2021.804p. Izarova IO, Prityka Yu.D. Simplified litigation of civil proceedings of Ukraine: challenges of the first year of application in judicial practice / Problems of legality. 2019. Vip. 145. - P. 51-67. - Access mode: http://nbuv.gov.ua/UJRN/Pz_2019_145_6 Vasilieva-Shalamova Zh.V., Mamatiuk IO Problems of legislative regulation and practical implementation of simplified proceedings in civil litigation / Jurisprudence Bulletin of Taras Shevchenko National University of Kyiv. №1 (112) / 2020. P.12—17. http://nbuv.gov.ua/UJRN/Pz_2020 Verbitska MV Mandatory proceedings in the civil procedure of Ukraine: dis. ... cand. of legal sciences: 12.00.03 / Verbitska MV ; Ivan Franko National University of Lviv. - Lviv, 2011. - 231 p.

Lecture, seminar, summary, tasks of self-study work, procedural documents.

- semester forms of assessment: report - 5 to 8 points; supplement to the report - up to 3 points; express survey - up to 3 points; colloquium - up to 4 points; case resolution - up to 5 points; 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; essays - up to 3 points; testing - up to 3 points; summary - up to 10 points; participation in the discussion - up to 3 points; development of a draft court order - up to 4 points; problem solving - up to 5 points; test control survey - up to 10 points; final test - up to 5 points. The maximum score that can be obtained by a student at the end of the semester is 40 points. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. - final assessment: written exam.

Ukrainian