Infopaket

Procedure Paperwork in Civil Litigation

ДВС.13.02

Вибіркова дисципліна для ОП

First

2021/2022

7 Semester

2

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.

Full-time form

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.

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.

Civil Procedure Code of Ukraine //https://zakon.rada.gov.ua/laws/show/1618-15#top Law of Ukraine "On the Judiciary and the Status of Judges": Scientific and Practical Commentary/ed. M.A. Pogoretsky, O.Z. Khotynska-Nor, Dr. Jur. Sciences, Prof. OG. Yanovska - Kyiv: Alert 2019 - 668p Vasilina NV. Judicial Conciliation of the Parties: A Novella of Civil Procedural Legislation of Ukraine / N.Vasylyna//Law of Ukraine 2017 № 8 - P27-32 Dispute Over Law in Civil Proceedings "Visegrad Journal on Human Rights" ISSN 1339-7915 Vasilina N.V. Procedural Agreement As an Indicator of Modernization of the Legal System of Ukraine/N.Vasylyna//Development and Modernization of the legal Systems of Eastern Europe: Experience of Poland and Prospects of Ukraine: Collective monograph. Vol.3. Lublin: Izdevnieciba “Baltija Publishing” 2017. 372p Enforcement proceedings: theory and practice: a collective monograph with appendices. Ed. R.F. Khanova, S.O. Kravtsov - Kharkiv, Pravo, 2021, 672p

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.

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.

Ukrainian