Infopaket

Competitive civil litigation

ВБ.01.03.13

Вибіркова дисципліна для ОП

First

2023/2024

9 Semester

4

To acquire knowledge about the legal nature of adversarial civil proceedings, its main features, significance for the protection of rights, freedoms or interests; to deepen knowledge of the provisions of the civil procedural legislation of Ukraine, which regulate the adversarial nature of civil proceedings, understanding their interaction, and the ability to correctly apply them when solving practical problems and resolving conflicts through the analysis of court decisions adopted by national courts of Ukraine, the European Court of Human Rights, learn to formulate conclusions about the main problems of judicial practice in terms of ensuring by courts the conditions for adversarial civil proceedings and the exercise of adversarial rights by the participants in the case; to improve knowledge of legal terminology, techniques and methods of overcoming factors that impede the exercise of adversarial rights.

External form

Know: the constitutional principles of adversarial civil proceedings, the provisions of the Civil Procedure Code of Ukraine that regulate adversarial proceedings; the main scientific works that reveal the legal nature and problems of adversarial civil proceedings; the content of scientific discussions on the most relevant problems of adversarial civil proceedings. Be able to: analyze scientific works in order to deepen the knowledge obtained in lectures, to prepare reports, and to solve practical problems; use the acquired knowledge from other academic disciplines (civil, housing, family, labor, inheritance law, etc.); use the Unified State Information System of Court Decisions. Possess the skills of: perception, memorization, critical thinking regarding the basic principles of adversarial civil proceedings; preparation of procedural documents that contribute to the implementation of adversarial rights in civil proceedings, taking into account a specific practical situation.

The concept and basic principles of adversarial civil proceedings in Ukraine and foreign countries. Constitutional principles of adversarial civil proceedings in Ukraine and their role in the formation of a social state. Genesis of the development of adversarial civil proceedings in Ukraine. Innovations in the national Civil Procedural Legislation of Ukraine in terms of regulating the adversarial nature of judicial proceedings in civil cases. Specificity of legislative regulation of the institute of evidence and its impact on the typology of civil judicial proceedings. Legal positions of the European Court of Human Rights on the fundamental principles of adversarial civil judicial proceedings. The principle of adversarial proceedings, its legal regulation and significance in adversarial civil proceedings. The principle of equality of parties and its significance in ensuring adversarial civil proceedings. The principle of immediacy and its role in adversarial civil proceedings. The right and obligation of proof in adversarial civil proceedings as a criterion of adversarial (non-adversarial) proceedings.

1. Civil Procedure Code of Ukraine 2. Civil Procedure Code of Ukraine: Scientific and Practical Commentary / ed. by Vasilyna N.V., Gulka B.I., Kota O.O. – Kyiv: Publishing House “Dakor”, 2021. 3. Andriytsyo V.D. Theoretical Problems of Proof in Civil Proceedings of Ukraine: Monograph. Uzhgorod: LLC “IVA”, 2014. 4. Grabovska O.O. Theoretical and practical problems of proof in civil proceedings in Ukraine: monograph. Kyiv: Yurinkom Inter, 2018. 5. Grabovska O. The adversarial model of civil proceedings: concept and legal nature. Bulletin of Taras Shevchenko National University of Kyiv. Legal Sciences. 2012. No. 90. P. 54-58. 6. Grabovska 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

Lecture, seminar, student independent work

Forms of current assessment: 1. report (speech on a given topic) - up to 7 points; 2. addition to the report - 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