Review of Court Decisions in Civil Proceedings
Course: “Law”
Structural unit: Educational and Scientific Institute of Law
Title
Review of Court Decisions in Civil Proceedings
Code
ВБ.01.05.28
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
3 Semester
Number of ECTS credits allocated
3
Learning outcomes
Ability to apply the principles of the rule of law to solve complex tasks and problems in civil proceedings; analyze and assess the impact of the legal system of the European Union on the legal system of Ukraine, 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 civil procedural law in Ukraine; assess the interaction of international law and international legal systems with the legal system of Ukraine in the field of civil justice; use modern legal doctrines and principles in lawmaking and in the process of ensuring procedural representation in civil justice, in particular, when reviewing court decisions; substantiate and motivate legal decisions, provide detailed legal arguments regarding one's own legal position when representing a client in civil proceedings, etc.
Form of study
Prerequisites and co-requisites
Know the basic conceptual approaches, theoretical principles of reviewing court decisions in civil proceedings,the concept,content and significance of reviewing court decisions in the mechanism of effective protection of the rights, freedoms and interests of individuals, methodological foundations of the effectiveness of reviewing court decisions, norms of civil procedural legislation and features of their application in the exercise of procedural rights by participants in the judicial process.
Be able to analyze relevant civil procedural legal relations, determine their legal nature and content; distinguish between the grounds for in-court and out-of-court review of court decisions in civil proceedings, identify the grounds for review based on newly discovered and exceptional circumstances, and analyze the mechanisms for reviewing court decisions depending on the type of civil proceedings.
Course content
The concept of justice and its functions in civil proceedings. The essence and significance of access to justice in the system of civil jurisdiction. Legal characteristics of international legal standards of access to justice in civil cases and review of court decisions. The concept of judicial protection. Review of judicial decisions and ensuring judicial control in the system of civil jurisdiction. Mechanism of judicial protection. Components of judicial protection. Place of the European Court in the system of review of judicial decisions. General characteristics of a miscarriage of justice, its concept and features. Implementation of the right to correct a miscarriage of justice.Peculiarities of proving a miscarriage of justice in certain categories of cases. Problematic issues of reviewing court decisions that have not entered into legal force. Criteria for the effectiveness of appellate proceedings. Powers of the court of appeal. The essence of the appellate proceedings, its characteristic features. Subjects and objects of the appeal, etc.
Recommended or required reading and other learning resources/tools
1.Civil Procedure Code of Ukraine
2.Civil Procedure Workshop of Ukraine: A Textbook for Students of Law Majors of Higher Educational Institutions. Edited by N.V. Vasilyna, Y.D. Prytyky – Kyiv: Publishing House “Dakor”, 2018 332p.
3.Vasilyna N.V. Judicial Conciliation of the Parties: A Novel of the Civil Procedure Legislation of Ukraine. Law of Ukraine. 2017. No. 8. P.27-32.
4. Vasilyna N.V. Procedural contract as an indicator of the modernization of the legal system of Ukraine. 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.
5. 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.
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 tasks, practice of working with the Unified State Register of Judicial Decisions
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 assessment form, 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 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 column "points for the test" is marked "0", respectively, only the number of points received during the semester is transferred to the column "resulting grade". 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
Nataliia
Vasylyna
Сivil Procedure Department
Educational and Scientific Institute of Law
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