European standards of civil procedure

Course: “Law”

Structural unit: Educational and Scientific Institute of Law

Title
European standards of civil procedure
Code
ВБ.01.10.28
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
Know and understand the legal analysis of the norms of civil procedural law regarding the application and implementation of the practice of the European Court in civil proceedings in Ukraine; the characteristics, classification and essence of the decisions of the European Court, their legal nature. In-depth study by students of the current civil procedural legislation of Ukraine, legal scientific and educational literature, basic concepts and special terminology, the procedure for applying to the European Court, consideration of the case by the court and the execution of its decisions.
Form of study
Prerequisites and co-requisites
Know the theory of civil procedural law;the provisions of the civil procedural legislation of Ukraine, as well as the Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols thereto; the practice of considering civil cases by courts of first instance in various types of proceedings and the application of the practice of the ECHR; problems of correct application of the practice of the European Court in civil proceedings in Ukraine. Be able to evaluate and use theoretical provisions of the science of civil procedural law to solve specific practical problems; correctly apply the norms of legislation in judicial practice and their correlation with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols thereto. Possess basic skills in applying the norms of civil procedural law and, using legal methods, analyze procedural documents approved by the court.
Course content
Theoretical foundations of ensuring the application of the practice of the European Court in the civil process of Ukraine. The right to effective protection of the rights and freedoms guaranteed by the Convention. The structure and jurisdiction of the European Court of Human Rights. The procedure for applying to the European Court. Access to justice and the right to a fair trial in the context of the practice of the European Court. Procedures for considering cases applied in the ECHR Procedural issues of applying the practice of the European Court in civil proceedings. Enforcement of decisions of the European Court of Human Rights
Recommended or required reading and other learning resources/tools
Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950. Bulletin of the Supreme Court of Ukraine. 1977. No. 3. Law of Ukraine "On the Execution of Decisions and Application of the Practice of the European Court of Human Rights" of February 23, 2006, as amended.URL: Zakharova O. Guarantees of Availability of Legal Aid in Civil Proceedings of Ukraine. Judicial Appeal. No. 2(27), 2012. P.69-73. Zakharova O. Definition of the essence and concept of civil procedural form. Word of the National School of Judges of Ukraine. №1(10). 2015.P.127-137. Practice of application of legislation in civil proceedings of Ukraine / edited by O.S. Zakharova. Kyiv: Yurinkom Inter. Letter of the Law. 2018. 1080p. Decision of the European Court of Human Rights in civil cases. Protection of property, private and family life and freedom of opinion/ edited by O.S. Zakharova. Kyiv: Yurinkom Inter, 2019.328p.
Planned learning activities and teaching methods
report (speech on a given topic); supplement; participation in a discussion; scientific work (meaningful written work on a given topic with literature analysis and conclusions) as one of the forms of independent work; solving situational problems; testing (choosing the correct ones from a set of judgments); drawing up procedural documents; test work
Assessment methods and criteria
The maximum final score for this discipline can be 100 points. A student is not allowed to take the exam if he scored less than 24 points during the semester, did not complete an individual assignment, and scored less than 4 points on the test control survey conducted by the lecturer.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Olena Zakharova
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