Private International Law

Course: “Law”

Structural unit: Educational and Scientific Institute of Law

Title
Private International Law
Code
ВБ.10.03.01
Module type
Вибіркова дисципліна для ОП
Educational cycle
First
Year of study when the component is delivered
2022/2023
Semester/trimester when the component is delivered
9 Semester
Number of ECTS credits allocated
5
Learning outcomes
Students must know the subject, functions of private international law, sources of legal regulation in various areas of private international law, concepts, , general principles of law enforcement in private international law, general characteristics and legal status of subjects in private international law, general provisions on conflict regulation in the main areas of private law relations, to know the legal qualifications and the main categories of law enforcement in private international law, practice of resolving disputes with the participation of a foreign element, be able to assess and determine the legal status of subjects in private international law, give a legal description of conflicting rules applicable in various spheres of relations in private international law, have basic skills in drafting a treaty in private international law taking into account the peculiarities of the practical situation and the application of conflict rules.
Form of study
Distance form
Prerequisites and co-requisites
Students must know the current legislation of Ukraine, including the Constitution of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, other regulations in the field of private law and business, special literature, textbooks and methodological manuals on private law, be able to freely operate the basic elements of the conceptual and categorical apparatus in the field of private law, have basic skills in resolving problems and resolving disputes through legal mechanisms, skills of logical, critical and systematic analysis of legal documents.
Course content
The discipline is aimed at revealing the importance of private international law in the proper legal settlement of the situation when the relations of private law subjects are related to one or more legal orders other than the Ukrainian legal order. Students master the subject, method, functions of private international law, sources of legal regulation of private international law, concepts, legal nature, structure of the conflict rule, general principles of law enforcement in private international law, general characteristics of subjects in private international law, general provisions of property and contract law in private international law, legal regulation of foreign investment in Ukraine, general characteristics of intellectual property rights in private international law, the legal nature of hereditary, family and labor relations in private international law, the basic principles of international civil procedure, the legal nature of international commercial arbitration
Recommended or required reading and other learning resources/tools
1. Dikovskaya I. A. (2019) Collision regulation of property relations in the law of Ukraine, Switzerland, Hungary and the EU/I. A. Dikovskaya//Journal of Eastern European Law. –2019. – № 64. - S. 15-21. 2. Private international law. Special part: textbook/edited by A. S. Dovgert and V. I. Kisilya. Kyiv: Alert, 2013. 400 s. 3. Gramatsky E.M. Separate grounds for recognition of judicial practice of source international private law/E.M. Gramatsky//Scientific Bulletin of Uzhgorod National University. – 2019. - Issue 58. Volume 1. - P. 103 - 106. 4. Gramatsky E. M. Principles of private international law: general provisions/E. M. Gramatsky//Journal of Kyiv University of Law. – 2019. – № 1 (2019). -C. 116 -120. 5. Gramatsky E.M. Improvement of the institute of circumvention of the law in the process of recodification of the civilized legislation of Ukraine//Journal of Kyiv University of Law. – 2021/2. -C. 174 - 178 HeinOnline (USA) Index Copernicus International (Poland)
Planned learning activities and teaching methods
Teaching methods and educational activities in the study of the discipline are aimed at obtaining and mastering students' systematic knowledge of the concepts, methods, system, functions, sources, subjects and main categories of private international law. At the same time, the mentioned forms and methods are aimed at forming in students a systematic understanding of the specifics of conflict regulation of relations with a foreign element in various spheres of public life. This involves studying the legal framework (including international acts) in relevant areas of private relations as well as mastering the system of the most common formulas of attachment and their scope in property, contractual, non-contractual, family, hereditary, labor relations, intellectual property relations and international commercial arbitration.
Assessment methods and criteria
Types of monitoring are chosen by the teacher who leads the seminar classes, in agreement with the lecturer and in accordance with this program. Forms of student assessment include: express survey; colloquium; reports and scientific works; testing; modular control work; solving problems/incidents, drafting a contract in private international law. The final assessment is a written exam. The minimum score that must be received by the student during the semester is 24 points, the maximum score is 40 points. During the current control during the seminars, the following are subject to evaluation: the level of knowledge demonstrated by the student in the answer, the activity in discussing the issues of the seminar, the systematic work in the classroom, the results of the tasks. Final assessment: written exam or oral exam (in the form of an interview by the able use of information and communication technologies) According to the results, the student can get a maximum of 60 points.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Ernest Gramatskiy
Civil Law Department
Educational and Scientific Institute of Law

Departments

The following departments are involved in teaching the above discipline

Civil Law Department
Educational and Scientific Institute of Law