Infopaket

Methodology for Procedure Paperwork in Civil Litigation

ВБ.01.08.28

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

4

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; evaluate 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 drafting procedural documents in civil justice; substantiate and motivate legal decisions, provide detailed legal arguments regarding one's own legal position when representing a client in civil proceedings; apply mediation and other legal instruments of alternative out-of-court review and resolution of legal disputes to resolve a civil dispute, etc.

Know the basic conceptual approaches, theoretical principles of drafting procedural documents in civil proceedings, the concept, content and meaning of each type of procedural act, the methodological foundations of the effectiveness of substantiation and the features of their application in the exercise of procedural rights by participants in the legal process. Be able to analyze relevant civil procedural legal relations, determine their legal nature and content; distinguish the grounds and conditions for drawing up and submitting procedural documents; determine the content and justification of procedural statements depending on the type of proceedings in civil proceedings, as well as depending on the instance of consideration of the civil case. Possess skills in preparing draft procedural documents taking into account the specifics of the practical situation, the basics of strategy and tactics for solving a legal problem.

History and theory of procedural documents in civil cases Written statements of the participants in the case on the merits, the methodology for their preparation. Written statements of the participants in the case on procedural issues, the methodology for their preparation. Judicial decisions of the court of first instance at different stages of the civil case Types of court decisions and methods of their preparation. Complications in civil proceedings Procedural documents in mandatory proceedings Procedural documents in separate proceedings

1.Civil Procedure Code of Ukraine 2. Vasilyna N.V. The content of civil procedural regulation. Enterprise, economy and law. – 2017. – 10. – P. 16 – 21. 3. Vasilyna N.V. Judicial reconciliation of the parties: a novel in the civil procedural 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.

verbal: explanation, discussion, lecture, solving practical cases and cases of judicial practice visual: illustration, demonstration, independent observation practical: analysis of current judicial practice, practice of drawing up procedural documents for certain categories of cases, practice of working with the Unified State Register of Judicial Decisions

The maximum final grade for this discipline can be 100 points. A student can receive a maximum of 60 points on the semester exam control 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 exam, the latter are not added to the semester grade (regardless of the number of points received during the semester), and the information in the "credit points" column is marked with "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