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Theoretical and practical problems of proof in civil proceedings

ВБ.01.02.28

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

4

Understanding the essence of civil procedural evidence, its differences from evidence in other procedural areas of law; studying the legal regulation of the sphere of evidence in civil cases by the national legislation of Ukraine and in view of the practice of the European Court of Human Rights; mastering the most common problems of proof of a theoretical and practical nature in civil proceedings and proposals for overcoming them; formation of legal thinking about the cause-and-effect relationships of the emergence of problems of proof in civil proceedings; acquisition of skills for independently solving practical problems related to proving facts (circumstances) and establishing them by the court; formation of a worldview based on the human rights paradigm.

Know: the main categories of legal theory, the provisions of the Civil Procedure Code of Ukraine, the Law of Ukraine "On Forensic Expertise", other regulatory legal acts on which the procedure for proving circumstances (facts) in civil cases is based. Be able to: consolidate and deepen the knowledge obtained in lectures by studying sources of special literature and judicial practice; use the acquired knowledge from other academic disciplines, in particular, civil, housing, family, labor; use legal information and analytical resources of the Internet; perform tasks for independent work, solve the assigned tasks. Possess skills in preparing draft procedural documents that contribute to the exercise of rights in the field of civil procedural evidence, taking into account the specifics of the practical situation, and using legal methods to solve problems that may arise along the way.

Transformation of the institution of proof in civil cases and the reasons for it. Scientific controversy regarding the content of the concepts of “proof” and “proving” in civil procedural doctrine. The subject of proof as a key category in the theory of judicial evidence. Specifics of the regulation of proof in civil cases by the national legislation of Ukraine: problems of theory and judicial practice. Problems of evidence and substantiation in the decisions of the European Court of Human Rights. Epistemology and its significance for the field of judicial evidence. Scientific discussion on the composition of subjects of evidence in civil proceedings. The concept and significance of legal interest and the purpose of proof in civil cases.Types of evidence in civil proceedings: problems of legislative regulation and judicial practice. Properties of evidence in civil proceedings and problems of compliance with the requirements of the law regarding the properties of evidence in judicial practice. Theoretical and practical problems of evidence in civil cases with a foreign element. Problems of evidence when reviewing court decisions.

1. 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. 2. Civil Procedure Code of Ukraine. Scientific and practical commentary. ed. by M. Yasynka. 2020. 810 p. 3. Grabovska O.O. Theoretical and practical problems of proof in civil proceedings in Ukraine. Individual monograph. Kyiv: Yurinkom Inter, 2018. 4. Grabovska O.O., Zakharova O.S., Karmaza O.O. Tendencies of Reforming Legislative Regulation in the Field of Evidence in Civil Procedure of Ukraine. Journal of Advanced Research in Law and Economics. Volume X. Issue 7 (45). Winter 2019. 1984-1989. 5. Grabovska O.O. On the question of the expediency of supplementing Part 2 of Article 76 of the Civil Procedure Code of Ukraine. New Ukrainian Law. Issue 1. 2022. Pp. 16-21.

Oral survey, discussion, supplement to oral answer, case study solution, report, scientific paper, scientific discussion, exam

Forms of ongoing assessment: 1) oral survey - from 0 to 5 points for a seminar session; 2) addition to the oral answer - from 1 to 4 points for a seminar session; 3) solving a case study - from 2 to 5 points for each; 4) report - from 5 to 7 points; 5) scientific work - from 3 to 5 points; 6) scientific discussion - from 0 to 5 points.

Ukrainian