Infopaket

International Civil Procedure

ВБ.01.07.28

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

To know: the subject, objectives and methodology of the course "International Civil Procedure", its place in the system of disciplines; general provisions on international jurisdiction in civil matters; main scientific problems of international civil proceedings. To know the internal national legislation of Ukraine, which regulates the issues of international civil procedure, as well as the practice of their application. Be able to independently search for normative and literary sources on issues covered by the ICP; provide theoretical commentary on the practical situation and a possible version of its judicial solution; to deal with a private legal dispute with a "foreign" element in national courts; to conduct research on international civil proceedings. Participate in discussions on ICP issues, formulate conclusions on the content and significance of political and legal doctrines, express and justify their point of view on issues to be considered.

Know the sources of civil proceedings; general principles of legal regulation of private international law; main areas of activity in the protection and defense of the rights of individuals and legal entities in international civil proceedings; the place of civil litigation in the legal system of Ukraine; organizational structure of the judicial process in Ukraine. Be able to explore current issues of legal practice in civil procedure and private international law; to give objective assessments and assessments of the current state of development of justice in Ukraine and the world. Have basic skills of perception and analysis of the provisions of the sources of law; to analyze normative acts related to advocacy and judicial activity and apply them in their practical activity; solve practical problems that arise when applying the law to specific practical situations and compile relevant documents.

Content module 1. General provisions of the international civil procedure. The concept of international civil procedure, its subject, method, system. Sources and principles of international civil procedure. Types of disputes complicated by a foreign element. European civil proceedings. Legal status of subjects of international civil proceedings. Features of providing legal assistance to foreigners. Content module 2. Features of regulation of certain institutions of international civil procedure. International jurisdiction. Agreement on International Jurisdiction. Evidence and proof in international civil proceedings. Application of international treaties, national and foreign law in civil cases. International legal assistance. Legalization of foreign documents and apostille. Interaction of national and international processes in the field of protection of civil rights. Recognition and enforcement of foreign court decisions in Ukraine.

1. Convention on Choice of Court Agreements of June 30, 2005 2. Civil Procedure Code of Ukraine as amended by the Law of Ukraine No. 2147-VIII of 03.10.2017," 3. Law of Ukraine "On Private International Law" No. 2709-IV of 23.06.2005// Official Gazette of Ukraine, 2005, No. 29 (05.08.2005), p. 169. 4. International Civil Procedure of Ukraine: Textbook/ Ed. S.Ya. Fursy.-K.: Publishing House Fursa S.Ya., 2010.-328p. 5. Prytyka Y.D. Unification of procedures for providing international legal assistance within the European Union// Journal of the Kyiv University of Law. - No. 2017/1. - 2017. - P. 348-352. 6. Tsirat G.A. International civil process: current state and prospects for international legal unification: monograph/Hennadiy Tsirat. – Kh.: Ivanchenko I.S. Publishing House, 2013.-482 p.

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