Infopaket

Actual problems of the civil process of Ukraine

ОК.15

Обов’язкова дисципліна для ОП

Second

2022/2023

1 Semester

3

To know modern scientific achievements in the field of current problems of civil procedure, to be able to analyze the influence of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the practice of the European Court of Human Rights on the development of the legal system and law enforcement in Ukraine; to evaluate the interaction of international law and international legal systems with the legal system of Ukraine; use modern legal doctrines and principles in lawmaking and law enforcement; justify, motivate, and make decisions in situations that require a systematic, logical, and functional interpretation of legal norms; apply legal instruments of alternative out-of-court review and resolution of legal disputes; independently prepare draft regulatory legal acts, apply modern methodologies; use scientific theories and concepts, as well as acquired practical knowledge when conducting scientific research.

Know the theory of law, the norms of legislation on civil proceedings, the general and special parts of civil procedural law; general provisions of civil law; be able to analyze relevant legal relations, determine their legal nature, structure; draw up algorithms for the actions of participants in civil proceedings; analyze special literature and regulatory legal acts, judicial practice; perform independent work tasks; possess basic skills in preparing draft procedural documents taking into account the specifics of a specific practical situation.

Modern trends in the development of civil procedure. Evolution of models of civil proceedings. Differentiation of civil proceedings. Simplified judicial procedures in civil proceedings. Unification and harmonization of civil procedural legislation in Europe and the world. Electronic proceedings. Introduction of information technologies in civil proceedings in Ukraine. Evidence and substantiation in civil proceedings: trends in the development of judicial practice. Alternative dispute resolution and civil proceedings. Problems of introducing the institute of class action in civil proceedings of Ukraine.

1. Civil Procedure Code of Ukraine // Electronic access: https://zakon.rada.gov.ua/laws/show/1618-15#top 2. Civil Procedure Code of Ukraine: scientific and practical commentary/edited by Vasilyna N.V., Gulka B.I., Kota O.O. – Kyiv: VD "Dakor", 2021. – 1028 p. 3. Alternative dispute resolution: tutorial/ed. by Y.D. Prytyka. [Collection of authors Prytyka Y.D., Khannyk-Pospolitak R.Yu. Kravtsov S.O., Khomenko M.M. and others]. – Kyiv: VD "Dakor", 2021. – 436 p. 4. Access to justice in the context of sustainable development: to the 30th anniversary of Ukraine's independence: Collective monograph / edited by Yu. Prytyka and I. Izarova. Kyiv: VDDakor, 2021. 487p. 5. Grabovska O.O. Theoretical and practical problems of evidence in civil proceedings in Ukraine: monograph. Kyiv, 2018. 472p

verbal: explanation, discussion, lecture, solving practical cases and cases of judicial practice visual: illustration, demonstration, independent observation practical: analysis of current judicial practice, practical tasks, solving problems

The maximum final grade for this discipline can be 100 points. A student can receive a maximum of 60 points on the semester control form (exam, test), to which are added the points received by the student during seminar classes. To receive an overall positive grade for the discipline, the grade for the final work cannot be less than 36 points. In the event that a student scores less than 36 points on the semester control form (exam, test), the latter are not added to the semester grade (regardless of the number of points received during the semester), and the information in the "exam points" column is marked "0", respectively, only the number of points received during the semester is transferred to the "resulting grade" column. If during the semester the sum of points received by a student based on the results of current control is more than 40 points, only 40 points are actually counted.

Ukrainian