Infopaket

Review of Court Decisions in Civil Proceedings

ДВС.28.05

Вибіркова дисципліна для ОП

Second

2021/2022

3 Semester

3

To determine the current theoretical and practical provisions on the grounds and mechanisms for review of court decisions in instance and non-instance order. Analyze, critically comprehend possible forms, methods of protection, restoration of rights, freedoms or interests of a person by appealing court decisions in civil litigation. Analyze, critically comprehend possible forms, methods of protection, restoration of rights, freedoms or interests of a person by appealing court decisions in civil litigation. Provide legal grounds and conditions for the detection of judicial error and its justification for obtaining a positive result of the court decision review in civil litigation.

Full-time form

Procedural features of appellate and cassation proceedings, as well as proceedings for review of court decisions on newly discovered and exceptional circumstances. Be able to analyze the relevant civil procedural legal relations, determine their legal nature, content; distinguish between instances and non-instance grounds for court decisions review in civil proceedings, identify grounds for review of newly discovered and exceptional circumstances, distinguish between conditions of appeal and cassation appeal of court decisions in civil proceedings, analyze mechanisms for review of court decisions depending on the type of civil proceedings. Have the skills of procedural documents drafting with regards to the peculiarities of the practical situation, the basics of strategy and tactics for legal issues solution.

The concept of justice and its functions in civil litigation. The essence and importance of access to justice in the system of civil jurisdiction. Legal characteristics of international legal standards of access to justice in civil matters and review of court decisions. The concept of judicial protection. Review of court decisions and provision of judicial control in the system of civil jurisdiction. Judicial protection mechanism. Components of judicial protection. The place of the European Court in the system of review of court decisions. General characteristics of judicial error, its concept and features. Exercise of the right to correct a judicial error. The concept and meaning of final and concluding court decisions. The concept of formality of violations and criteria for their definition. Stages in proving a judicial error. Features of proving miscarriage of justice in certain categories of cases. Problematic issues of review of court decisions that have not entered into force.

"Civil Procedure Code of Ukraine //https://zakon.rada.gov.ua/laws/show/1618-15#top Law of Ukraine "On the Judiciary and the Status of Judges": Scientific and Practical Commentary / For the general. ed. Dr. Jur. Sciences, Prof. MA. Pogoretsky, Dr. Jur. Sciences, Prof. OZ. Khotynska-Nor, Dr. Jur. Sciences, Prof. OG. Yanovska - Kyiv: Alert 2019 - 668p Vasilina NV. Judicial Conciliation of the Parties: A Novella of Civil Procedural legislation of Ukraine / N.Vasylyna // Law of Ukraine 2017 № 8 - P27-32 Dispute Over Law in Civil proceedings "Visegrad Journal on Human Rights" ISSN 1339-7915 Vasilina NV. Procedural Agreement as an Indicator of Modernization of the Legal System of Ukraine / N.Vasylyna // 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"

verbal: explanations, discussions, lectures, solutions to practical cases and cases of judicial practice visual: illustration, demonstration, self-observation practical: analysis of current case law, practical tasks, problem solving

The maximum final grade for this discipline can be 100 points. The student can receive in the form of semester control (exams, tests) a maximum of 60 points, to which the points obtained by students during seminars are added If the student scored less than 36 points in the form of semester control (exams, tests), the latter are not added to the semester grade (regardless of the number of points obtained during the semester), and the column "Exam scores" is set to "0", respectively, only the number of points obtained during the semester is transferred to the "score" column. points. If during the semester the amount of points received by the student as a result of the current control is more than 40 points, in fact, only 40 points are credited.

Ukrainian