Infopaket

Application of Civil Law: Problems of Theory and Practice

ВБ.01.12.27

Вибіркова дисципліна для ОП

Second

2022/2023

2 Semester

3

Achievement by students of such competencies, skills and abilities as: the ability to conduct research at the appropriate level and apply knowledge of the theory of civil law and its application, the ability to analyze and evaluate the impact of the legal system of the European Union on the legal system of Ukraine; the ability to make informed decisions on the application of civil law in resolving disputes; the ability to justify and motivate legal decisions, to give detailed legal arguments on the application of civil law and

Distance form

- know the main aspects of the formation and development of the doctrine of civil law, its features and structure, features of the classification of civil law, characteristics of law enforcement as an element of the mechanism of civil law regulation, principles and functions of law enforcement, interpretation of civil law in the process of application. - be able to evaluate and define the role, significance and objectives of the application of civil law, distinguish between the types of civil law and determine their place in the mechanism of legal regulation and application in judicial practice, give a legal description of law enforcement and justify the specifics of the stages of law enforcement in civil proceedings, justify the place of interpretation in the process of applying civil law. - have elementary skills in substantiating the features of dispositive rules, their legal nature and specifics of application using specific examples from case law.

Forms of teaching and teaching methods are aimed at conducting legal analysis of the application of civil law in doctrine and jurisprudence and studying theoretical and practical issues on the peculiarities of law enforcement in the process of improving civil law and forming a unified judicial practice in Ukraine. Within the limits of educational discipline the general characteristic of civil legal norm of its signs and structure is studied; classification of civil law; law enforcement as an element of the mechanism of civil law regulation, its principles and functions; specifics of stages of law enforcement in civil proceedings; interpretation in the process of application of civil law norms; features of dispositive and imperative norms, their legal nature and specifics of application in judicial practice; the role of judicial practice in the development of civil law and the conditions for the formation of a unified domestic judicial practice in the application of civil law.

1.Dovgert A.S. Codification of Private (Civil) Law of Ukraine. - К.: Ukr. Center for Legal Studies, 2000. - 336 p. ; 2. Kuznetsova N.S. Legal Doctrine of Ukraine: in 5 vols. Vol. 3: Doctrine of Private Law of Ukraine. - H.: Pravo, 2013. - 760 p.; 3. Kokhanovskaya O.V. Civil Law as a Universally Binding Rule of Conduct, as Information and the Result of Creativity.// Bulletin of the National Academy of Legal Sciences of Ukraine. - Kharkiv: Law, 2018. - Vol.25, №2. – 190p. - P.142 - 156; 4. Kokhanovska O.V. The Norm of Civil Law as a Universally Obligatory Formally Defined Rule of Conduct, as Information and the Result of Creativity.// Eight Legal Disputes on Current Issues of Private Law, Dedicated to the Memory of Vaskovsky E.V.: Proceedings of the International Scientific and Practical Conference (Odessa, May 18, 2018). - Odessa, 2018. - 324 p. - P.4 - 9; 5.Muzyka L. A. Conception of Civil and Legal Policy of Ukraine: monograph. Kyiv: Palivoda V. V. 2020 512 p..

Lectures, seminars, self-study work of the student on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher

In seminars, the current control of student knowledge in the discipline includes: 1. report (speech on a given topic) - from 5 to 7 points; supplement to the report - from 3 to 5 points; express survey - from 3 to 5 points; solving a case - from 3 to 5 points; essay (short written answers to questions) - from 1 to 3 points; testing (select the correct ones from a set of judgments) - from 1 to 3 points; abstract (substantive written work on a given topic with literature analysis and conclusions) - from 3 to 5 points; final (module) test - from 5 to 7 points. The following are subject to evaluation: the level of knowledge demonstrated in the answer; activity in discussing issues; systematic work in the classroom; results of homework. The final assessment is a written test or an oral test (with the possible use of information and communication technologies) (maximum score - 60).

Ukrainian