Comparative civil procedure

Course:

Structural unit: Educational and Scientific Institute of Law

Title
Comparative civil procedure
Code
ВБ.01.03.28
Module type
Вибіркова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2023/2024
Semester/trimester when the component is delivered
2 Semester
Number of ECTS credits allocated
3
Learning outcomes
Gaining knowledge about the civil process of foreign countries; developing research skills in studying the legal systems of the most developed countries in the world and the criteria for uniting legal systems into legal families; identifying the advantages and disadvantages of the civil process of foreign countries; clarifying the possibility and feasibility of using the experience of foreign countries to improve the current civil procedural legislation of Ukraine and eliminate problems in judicial practice; to form an idea of ​​the European civil procedural doctrine, the most acute problems of the civil process of European countries in view of the European integration processes in Ukraine; the formation of a worldview based on the human rights paradigm.
Form of study
External form
Prerequisites and co-requisites
Know: the main categories of legal theory, Roman law, civil law, comparative civil law, provisions of the Civil Procedural Code of Ukraine, other sources of civil procedural law. Be able to: consolidate and deepen the acquired knowledge by studying sources of special literature and materials of judicial practice; use the acquired knowledge from other academic disciplines, in particular, civil, housing, family, labor, inheritance law; use legal information and analytical resources of the Internet; perform tasks for independent work, solve problems set by the teacher. Possess the skills of perception and analysis of legislative acts of foreign states, monographic sources, scientific publications prepared by foreign authors, critical thinking and perception of scientific conclusions or views, solving problems using acquired legal methods.
Course content
Comparative - legal method in the system of methods of scientific knowledge. The concept of comparative civil process. General characteristics of legal systems and legal families. General characteristics of the Romano-Germanic type of civil process. General characteristics of the Anglo-Saxon type of civil process. General characteristics of modern civil proceedings in Canada, Israel, the People's Republic of China, India and Australia. Representation in civil proceedings of foreign countries. Comparative analysis of evidentiary law and the institution of evidence in civil cases. Comparative analysis of procedures for reviewing court decisions in civil cases.
Recommended or required reading and other learning resources/tools
1.Civil Procedure Code of Ukraine dated 18.03.2004 as amended by Law No. 2147-VIII dated 03.10.2017, VVR, 2017, No. 48, p. 436. 2.Scientific and Practical Commentary on the Civil Procedure Code of Ukraine: ed. by Vasilyna N.V., Gulko B.I., Kota O.O. - Kyiv: Publishing House "Dakor", 2021. 3.Civil Procedure Code of Ukraine. Scientific and Practical Commentary. ed. by M. Yasynka. 2020. 4. Grabovska O. Theoretical and practical problems of proof in the civil process of Ukraine. Individual monograph. Kyiv: Yurinkom Inter, 2018. – 472 p.; 5. Grabovska O. The adversarial model of civil proceedings: concept and legal nature. Bulletin of the Taras Shevchenko National University of Kyiv. Legal Sciences. 2012. No. 90. P. 54-58
Planned learning activities and teaching methods
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
Assessment methods and criteria
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.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Oksana Hrabovska
Сivil Procedure Department
Educational and Scientific Institute of Law

Departments

The following departments are involved in teaching the above discipline

Сivil Procedure Department
Educational and Scientific Institute of Law