Infopaket

Основи порівняльного кримінального права

Вибіркова дисципліна для ОП

First

2021/2022

3 Semester

3

Such students’ academic achievements as: knowledge of the origin of comparative criminal law; basic aspects of the comparative law method in the criminal law area; trends and peculiarities that developed in different traditions of criminal law on the general principles of criminal law; tendencies and peculiarities that have developed in different traditions of criminal law regarding the institutions of the General Part of criminal law, which include crime, punishment and other criminal consequences. Skills: to compare the individual aspects or institutions of national criminal law of different states in a simple way, in particular, providing legal advice. Communication: to have a good command of the comparative criminal law terminology, precisely formulate one's opinion on certain aspects or institutions of foreign national criminal law; to stand for the argument on the similarities or differences of certain aspects or institutions of national criminal law of different states.

Full-time form

Effective study of courses "Theory of Law", "History of State and Law of Foreign Countries"

The course includes acquainting students with the formation of comparative criminal law as a field of legal knowledge and academic discipline, principles and problems of application of the comparative legal method in the criminal law field, the approaches which have developed in various traditions of criminal law concerning general principles of criminal law, institutions of the General Part of criminal law including crime, punishment and other criminal legal consequences.

Dubber M.D., Hörnle T. Criminal law: A comparative approach. Oxford University Press: Oxford, 2014. Core Concepts in Criminal Law and Criminal Justice / eds. K. Ambos, A. Duff, J. Roberts, T. Weigend, A. Heinze. Vol I. Cambridge University Press, 2020.Fletcher G. P. The Grammar of Criminal Law: American, Comparative, and International: Volume One: Foundations. Oxford University Press, 2007. Ohlin J.D. Criminal law: Doctrine, Application and Practice / 2nd ed. Wolters Kluwer, 2016. The Oxford handbook of criminal law / eds. M.D. Dubber, T. Hörnle. Oxford University Press, 2014.Yatsenko S.S. The main issues of the general part of the criminal law of foreign states. К.: Publishing Dacor, 2013. 168 p.Fletcher J.Naumov A.V. Basic concepts of modern criminal law. M. : Yurist, 1998.Frister G. German criminal law. General part / transl. from german; ed. M. Kudratova. 5th ed. M.: Infotropic, 2013.

Teaching strategy: 1) lecture - a detailed theoretical report on the comparative law method, including institutions of the General Part of the criminal law of separate foreign states; 2) discussion - effective argumentation of problematic aspects of comparison of institutions and norms of criminal law of foreign states; 3) case study - a research of separate judgements of national judicial institutions of foreign countries; 4) problem solving - identifying differences in national criminal law of foreign states considering the example of hypothetical law enforcement situations;5) independent work - individual study of certain norms and institutions of foreign criminal law, including the list of recommended reading.

The final score includes the sum of points obtained during the semester assessment (up to 40 points) and points obtained for the test (up to 60 points). The test consists of written answers to three questions from the modules "Foreign case law in the field of criminal law", "Foreign criminal law concept", "Application of the comparative law method in the field of criminal law". Assessment is based on the results of the semester and consists of assessments based on the results of lectures and seminars.

Ukrainian