Infopaket

Civil process of Ukraine

ОК.24

Обов’язкова дисципліна для ОП

First

2022/2023

6 Semester

6

To know and understand the state of the main problems of the science of civil procedural law; the essence and significance of the civil procedural form; the concept and meaning of civil procedural legal relations, their place in the mechanism of legal regulation; non-judicial and alternative forms of protection of civil rights and legitimate interests; be able to correctly interpret and apply the rules of civil procedural law; use the data of the science of civil procedural law to solve professional problems; evaluate evidence in a civil case; argue their own point of view and decision.

Knowledge of the doctrinal understanding of the nature and essence of procedural law, the judicial system in Ukraine, forms of protection of civil rights, methods of protecting civil rights, etc., obtained as a result of studying the disciplines "Civil Law", "Judicial System in Ukraine"; the ability to critically and analytically understand the priority and expediency of considering a specific case in civil proceedings; the ability to perceive and analyze sources of law.

Theoretical foundations of civil procedural law. Tasks and basic principles of civil proceedings. Civil jurisdiction. Civil procedural legal relations. Composition of the court. Challenges. Participants in the case. Representatives. Other participants in the trial. Inadmissibility of abuse of procedural rights.Measures of procedural coercion in civil proceedings. Procedural deadlines. Judicial summons and notifications. Evidence and proving in civil proceedings. Injunctive and separate proceedings in civil proceedings. Claim. Right to claim. Securing a claim. Claim proceedings. Opening proceedings in a case. Preparatory proceedings. Consideration of cases in the order of simplified proceedings. Consideration of the case in absentia. Settlement of the dispute with the participation of a judge. Settlement agreement. Withdrawal of the claim. Judicial consideration of a civil case. Court decisions, etc.

1.Civil Procedure Code of Ukraine 2.Civil Procedure Code of Ukraine: Scientific and Practical Commentary /Edited by Vasilyna N.V., Gulka B.I., Kota O.O. – Kyiv: Publishing House “Dakor”, 2021.–1028 p. 3.Civil Procedure Workshop of Ukraine: Textbook for Students of Law Majors of Higher Educational Institutions /Edited by N.V. Vasilyna, Yu.D. Prytyky – Kyiv: Publishing House “Dakor”, 2022.–324 p. 4. Vasylyna N.V. Judicial conciliation of the parties: a novella of civil procedural legislation of Ukraine/N.Vasylyna //Law of Ukraine 2017 №8. P.27-32 5. Vasylyna 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. 372 p. P.2-17

• verbal: explanations, discussions, lectures, solutions of practical cases and cases of judicial practice • visual: illustration, demonstration, self-observation • practical: analysis of current case law, practical tasks, problem solving

Semester assessment forms (current assessment): 1. discussion/supplement to oral answer – from 1 to 5 points for a seminar session; 2. solving a problem (case study) – from 1 to 5 points for each; 3. express survey – from 0 to 5 points; 4. preparation of draft procedural documents – from 1 to 8 points; 5. testing – from 0 to 7 points; 6. independent work – from 0 to 5 points.

Ukrainian