Infopaket

Features of consideration of certain categories of civil cases

ВБ.01.04.13

Вибіркова дисципліна для ОП

First

2023/2024

9 Semester

6

Acquisition of knowledge and formation of skills in legal analysis of current civil procedural legislation, principles of civil proceedings, judicial practice regarding the peculiarities of consideration and resolution of various categories of cases in litigation; acquisition of knowledge about civil jurisdiction, its types and resolution of issues of transferring a case from one court to another; developing skills in identifying criteria for the subject of the claim; acquiring skills in exercising the right to have a case considered in general claim and simplified claim proceedings; developing skills in identifying procedural features of certain categories of civil cases.

Full-time form

Know and understand the nature and essence of claim proceedings, its types, differences from other types of civil proceedings, definition of the concepts of "claim", "claim proceedings", "tasks of civil proceedings", "written statements of the participants in the case", "opening of proceedings in the case", "preparatory proceedings", "dispute settlement with the participation of a judge", "consideration of the case on the merits", "recording of the trial", "closing and stopping the proceedings in the case, leaving the claim without consideration", etc., obtained as a result of studying the disciplines "Civil Procedure of Ukraine", "Theory of Law", "Judicial System of Ukraine". Be able to analyze relevant legal relations, determine their legal nature, structure; draft civil procedural documents. Possess skills in using legal techniques acquired as a result of studying the discipline "Drafting procedural documents in civil proceedings."

Theoretical foundations of the claim form for the protection of civil rights in certain categories of civil cases. Tasks and basic principles (principles) of civil procedural law and their implementation in claim proceedings. Implementation of accessibility of justice and the right to a fair trial in claim proceedings. General characteristics of claim proceedings. Written statements of the participants in the case. Court costs. Opening of proceedings in a case. Procedural actions of the court and participants in the case in the preparatory proceedings in the case. Procedural order and consequences of dispute settlement with the participation of a judge. Simplified claim proceedings. Consideration of the case on the merits. Procedures for suspending and closing proceedings in a case, leaving the claim without consideration: grounds, conditions and procedural consequences. Abuse of procedural rights. Measures of procedural coercion. Civil jurisdiction. Definition of categories of civil cases considered in litigation, etc.

1. Constitution of Ukraine of 28.06.1996. URL: http://zakon0.rada.gov.ua/laws/show/ 2. Convention for the Protection of Human Rights and Fundamental Freedoms. The Convention was ratified by Law No. 475/97-ВР of July 17, 1997. 3. European Convention on Human Rights: Basic Provisions, Application Practice, Ukrainian Context Edited by O.L. Zhukovskaya. – Kyiv: CJSC “VIPOL”, 2004. 4. Civil Procedure Code of Ukraine. Scientific and Practical Commentary./ Edited by N.Yu. Golubeva. Kyiv: Yurinkom Inter, 2021.804p. 5. Zakharova O.S. Scientific and Practical Commentary on the Civil Code of Ukraine: in 2 vols. Vol. 2 Chapter 58 §5 (co-authored with O.Z. Khotynska-Nor); Chapter 90 / Edited by O.V. Dzery, N.S. Kuznetsova, V.V. Lutsya. Kyiv: Yurinkom Inter, 2019. – 1048p.

Lecture, seminar, self-study work, individual task

Forms of current assessment: 1. report (speech on a given topic) - up to 7 points; 2. addition - from 1 to 4 points; 3. participation in the discussion - from 1 to 3 points; 4. scientific work (meaningful written work on a given topic with literature analysis and conclusions) as one of the forms of independent work - up to 10 points; 5. solving situational problems - up to 5 points; 6. testing (choose the correct ones from a set of judgments) – up to 8 points; 7. drafting procedural documents – up to 8 points; 8. test work – up to 7 points.

Ukrainian