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Actual Problems of Civil Law and Process (Judicial Practice)
Major: Law
Code of subject: 7.081.01.O.005
Credits: 5.00
Department: Civil Law and Procedure
Lecturer: S. Vasyliv
Semester: 1 семестр
Mode of study: денна
Завдання: The study of an educational discipline involves the formation and development of the competencies of students:
Integral competence (ІНТ). The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (ЗК)
ЗK2. Ability to conduct research at an appropriate level.
ЗK Ability to search, process and analyze information from various sources.
ЗK7. Ability to make informed decisions.
Special (professional subject competences (СK)
СK2 Ability to analyze and evaluate the impact of the legal system of the European Union on the legal system of Ukraine.
СK3. The ability to analyze and evaluate the impact of the Convention on the Protection of Human Rights and Fundamental Freedoms, as well as the practice of the European Court of Human Rights on the development of the legal system and law enforcement in Ukraine.
СK6 Ability to justify and motivate legal
decision, give detailed legal reasoning.
СK7. The ability to apply knowledge and understanding of the basic principles (principles) and procedures of the judiciary in Ukraine.
СK10. The ability to make decisions in situations that require a systematic, logical and functional interpretation of legal norms, as well as an understanding of the peculiarities of the practice of their application.
СK11. The ability to critically evaluate the effectiveness of representation and protection of the rights, freedoms and interests of clients.
СK12. Ability to develop and approve ethical standards of legal activity, standards of professional independence and responsibility of a lawyer.
СK13. The ability to convey information, ideas, the content of problems and the nature of optimal solutions to specialists and non-specialists in the field of law with proper reasoning.
СK14. The ability to independently prepare drafts of regulatory and legal acts, justify the social conditioning of their adoption, predict the results of their impact on relevant social relations.
СK15. The ability to independently prepare drafts of law enforcement acts, taking into account the requirements for their legality, reasonableness and motivation.
Learning outcomes: As a result of studying the academic discipline, the student must be able to demonstrate the following learning outcomes (РН):
PH1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
РН 3. Conduct collection, integrated analysis and summarization of materials from various sources, including scientific and professional literature, databases, digital, statistical, test and others, and check them for reliability using modern research methods.
РН 6. Reasonably formulate one's legal position, be able to oppose, evaluate evidence and present convincing arguments.
РН 7. Discuss complex legal problems, propose and substantiate options for their solution.
РН 9. Generate new ideas and use modern technologies in the provision of legal services.
РН 13. Analyze and evaluate the practice of application of individual legal institutions.
РН 14. Justify the legal position at various stages of law enforcement.
РН 15. Have practical skills in solving problems related to the implementation of procedural functions of law enforcement entities.
РН 17. Integrate the necessary knowledge and solve complex law enforcement tasks in various spheres of professional activity.
Knowledge (Зн)
Зн1 Specialized conceptual knowledge that includes modern scientific achievements in the field of professional activity or field of knowledge and is the basis for original thinking and conducting research.
Зн2 Critical understanding of problems in the field and on the border of the field of knowledge.
Skills/Abilities (Ум)
Ум2 Ability to integrate knowledge and solve complex problems in broad or multidisciplinary contexts.
Communication (K)
K1 Clear and unambiguous presentation of one's own knowledge, conclusions and arguments to specialists and non-specialists, in particular, to students.
Autonomy and responsibility (AB)
AB2 Responsibility for contributing to professional knowledge and practice and/or evaluating the results of teams and collectives.
Required prior and related subjects: Previous academic disciplines
Actual problems of economic law and process (jurisprudence)
Associated and subsequent academic disciplines
Bar of foreign countries
Procedural representation
Summary of the subject: The content of the academic discipline consists of problems of the civil law of Ukraine, sources of civil law, the doctrine of subjects of civil law, objects of civil law, deeds, doctrine of personal non-property rights, conceptual provisions on property law, basic provisions on the law of obligations, relevant problems of inheritance law, issues of justice in civil cases, the doctrine of civil procedural legal relations, issues of implementation of the principles of civil procedural law, issues of procedural terms in civil proceedings, proof and evidence in civil proceedings, as well as current problems of the claim form for the protection of civil rights, problems of reviewing court orders decisions in civil cases.
Опис: Topic 1: Problems of civil law of Ukraine. Sources of civil law.
Topic 2: Teaching about subjects of civil law. Objects of civil law. Deeds
Topic 3: Doctrine of personal non-property rights.
Topic 4: Conceptual provisions on property law.
Topic 5: Actual problems of legal regulation of relations in the field of intellectual and creative activity.
Topic 6: Basic provisions of the law of obligation.
Topic 7: Actual problems of inheritance law.
Topic 8: Judiciary and justice in civil cases. Doctrine of civil procedural legal relations.
Topic 9: Problems of implementing the principles of civil procedural law. The meaning of the civil procedural form.
Topic 10: Problems of procedural terms in civil proceedings.
Topic 11: Problems of proof and evidence in civil proceedings.
Topic 12: Actual problems of the claim form for the protection of civil rights: problems of theory and practice.
Topic 13: Actual problems of review of court decisions in civil cases.
Assessment methods and criteria: Control of students' learning results is a component of the educational process, which is carried out in order to establish the compliance of students' learning results with the requirements of educational programs. The main types of control of students' learning results are current and semester control.
Under the conditions of using interactive technologies, classes are conducted in active and creative forms. Problem and review lectures, "active" seminars with elements of a "business game", trainings, classes using the computer and communication component.
Teaching methods are used to develop skills and abilities: verbal/verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); explanatory-illustrative or information-receptive (presupposes the presentation of ready-made information by the teacher and its assimilation by students); reproductive, which is based on the performance of various tasks according to the model; problem statement method; partially search or heuristic; research
Preference for productive methods: problem presentation, partially search and research methods, presentations, case studies, trainings and business games, conversations and discussions, work in the emergency department, "electronic lectures", seminars, remote consultations - aimed at activating and stimulating educational and cognitive student activities.
Methods of knowledge diagnostics, which determine the level of achievement of the planned cognitive results from the educational discipline "Actual problems of civil law and process (judicial practice)", endowed with transparent assessment criteria, provide objective current and final control.
Критерії оцінювання результатів навчання: Assessment of the level of achievement of learning outcomes is carried out in view of the student’s ability to collect the necessary information, acquire knowledge that allows to reproduce facts, demonstrate the necessary knowledge and understanding of the essence and content of the main legal institutions and norms of civil law, understand their content and nature, the ability to apply knowledge in a new situations with variable conditions, distinguish legally significant facts and form reasonable legal conclusions, give an assessment, show advantages and disadvantages, make a general conclusion, show interest in the necessary information, form in him an idea of how to act and readiness to perform actions under guidance teacher and independently, to provide advice on possible ways to protect the rights and interests of clients in various legal situations, etc.
When evaluating students' knowledge during current control, the following is taken into account:
- the ability to differentiate, integrate and unify knowledge;
- ability to apply rules, methods, principles in specific situations;
- skills of correlation of causes and effects;
- the ability to analyze and evaluate facts, events, phenomena and predict the desired results from the decisions made;
- the ability to present a written answer grammatically and stylistically competently, logically, consistently using scientific terms of concepts (the last three criteria also apply to an oral answer).
Порядок та критерії виставляння балів та оцінок: Procedure and criteria for assigning points and grades
Criteria for evaluating student knowledge and skills:
Criteria for evaluating the student's knowledge and skills based on the results of studying the educational material of the component on a 100-point scale:
100–88 points – (“excellent”)
87–80 points – (“very good”)
79–71 points – (“good”)
70-61 points - ("mediocre")
60–50 points – (“satisfactory”)
25–00 points – (“unsatisfactory” with mandatory re-study)
Recommended books: Basic:
1. The Universal Declaration of Human Rights was promulgated by the United Nations on December 10, 1948. Human rights, international treaties of Ukraine, declarations, documents. K.: Scientific opinion. 1992. P. 18-24
2. The International Covenant on Civil and Political Rights was adopted by the General Assembly of the United Nations on December 16, 1965. Human rights, international treaties of Ukraine, declarations, documents. K.: Scientific opinion. 1992. P. 18-24
3. European charter on the status of judges. Bulletin of the Supreme Court of Ukraine. 1998. No. 4. P 9-11
4. Constitution of Ukraine dated June 28, 1996. Official website of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text
5. The Civil Procedure Code of Ukraine dated March 18, 2004, as amended. Official website of the Verkhovna Rada of Ukraine URL: https://zakon.rada.gov.ua/laws/show/1618-15#Text
6. The Code of Administrative Procedure of Ukraine dated July 6, 2005, with changes and additions. The official website of the Verkhovna Rada of Ukraine URL: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text.
7. Law of Ukraine "On the Judiciary and the Status of Judges" dated June 2, 2016. Official website of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/1618-15#Text
8. The Law of Ukraine "On Executive Proceedings" dated April 21, 1999, as amended. Official website of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/1404-19#Text
9. Law of Ukraine "On the Prosecutor's Office" dated October 14, 2014. URL: https://zakon.rada.gov.ua/laws/show/1697-18#Text
10. Law of Ukraine "On Advocacy and Advocacy" dated July 5, 2012. Official website of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/5076-17#Text
11. Family Code of Ukraine dated January 10, 2002 No. 2947-III. Information of the Verkhovna Rada of Ukraine (VVR). 2002. No. 21-22. Article 135.
12. Strategy for reforming the judiciary, judiciary and related legal institutions for 2015–2020, approved by the Decree of the President of Ukraine dated May 20, 2015 №. 276/2015 URL: http://zakon2.rada.gov.ua/laws/show/ 276/2015.5.
13. The decision of the Constitutional Court of Ukraine dated December 14, 1999 in the case of the constitutional appeal of 51 people's deputies of Ukraine on the official interpretation of the provisions of Article 10 of the Constitution of Ukraine regarding the use of the state language by state authorities, local self-government bodies and its use in the educational process in educational institutions of Ukraine. Law of Ukraine. 2000. #. 1. P. 140
14. Resolution of the Plenum of the Supreme Court of Ukraine "On the application by courts of the norms of the Constitution of Ukraine in the administration of justice." Law of Ukraine. 1997. №. 8. P 7
15. Vasiliev S. V. Civil process of Ukraine: study guide. K.: "Center for Educational Literature", 2013. 344 p.
16. Izarova I. O., Khanyk-Pospolitak R. Yu. Civil process of Ukraine: Education. manual for students law special higher educational institutions. Kyiv: VD "Dakor", 2019. 276 p
17. Karnaukh T. M. Civil procedural law of Ukraine: study guide. National University "Kyiv-Mohyla Academy". Kyiv: Justinian, 2011. 399 p.
18. Amendments to the Civil Procedure Code of Ukraine. National Odesa University law Acad." Odesa: Phoenix. 2018. 112 c.
19. Theoretical problems of civil procedural law: Textbook K.: Alerta, 2016. 734p.
20. Civil process of Ukraine: Education. manual for students law special higher educational institutions. Kyiv: VD "Dakor". 2018. 276 p.
21. Civil procedural law: textbook. Kyiv: KNEU, 2014. 519 p.
22. Fursa S.Ya., Fursa E.I. Tendencies of reforming bodies of forced execution and executive proceedings in Ukraine: topical issues. Herald of executive proceedings. 2015. №. 1. P. 139-149.
23. Khanyk-Pospolitak R. Yu. Implementation of electronic justice in the civil proceedings of Ukraine. Law of Ukraine. 2017. №. 8. P. 122-129
24. Civil law and process (2nd part): training. manual .Dnipro: Bila K. O. Publisher, 2018. 128 p. 33.
25. Civil Procedure Code of Ukraine: Scientific and practical commentary. K.: Alerta, 2018. 604 p.
26. Civil process: education. manual Kharkiv: Pravo, 2020. 390 p.
27. Civil justice of Ukraine: basic principles and institutions: monograph. National law University named after Yaroslav the Wise. Kharkiv: Pravo, 2016. 848 p.
28. Stefan M.Y. Civil process: Textbook for students of legal specialties of higher education institutions. K.: "In Yure" Publishing House, 2005.
8.2. Additional
29. Current issues of applied civil studies: family, labor, land and housing law: science-practice. manual / O. V. Hetmantsev, O. V. Kiriyak, M. B. Melnyk and others. Kyiv: Legal unity, 2015. 448 p.
30. Berestova I. E. The legal category of "public interest" from the standpoint of a systemic approach. Constitutional state. 2019. № 33. P. 19–28.
31. Bychkova S. S. Civil procedural legal status of persons participating in lawsuit proceedings: monograph. K.: Atika, 2011. 420 p.
32. Bilousov Yu. V. Group lawsuit: foreign experience and prospects for its use in Ukraine. University scientific notes. 2012. №. 1 (41). P. 295–309.
33. Bobrovnyk O. V. Third parties in civil justice of Ukraine: autoref. thesis for obtaining sciences. candidate degree law Sciences: 12.00.03. Kyiv. national University named after T. Shevchenko. K., 2014. 22 p.
34. Bondar I.V. Personal non-property legal relations in civil proceedings. Actual problems of domestic jurisprudence. 2018. №. 4. P. 37–41.
35. Bontlab V. V. Trends in harmonization of civil procedural legislation of Ukraine and the EU: scientific and legal aspect. Judicial appeal. 2015. №. 1 (38). P. 71–76.
36. Bortnik O. G., Stepanenko T. V. Peculiarities of court decisions in cases of protection of rights and interests of an unspecified group of persons. Law and security. 2015. №. 2 (57). P. 154–160.
37. Vasiliev S. V. Civil process. Textbook. K.: Alerta, 2019. 506 p.
38. Venediktova I. V. Protection of legally protected interests in civil law: monograph. Kyiv: Yurinkom Inter, 2014. 288 p.
39. Venediktova I. V. The category of interest protected by law in the civil law of Ukraine. Private law. 2013. №. 1. P. 146–158.
40. Voitovsky V. S. Cassation appeal in the civil process of Ukraine: autoref. thesis for obtaining sciences. candidate degree law Sciences: 12.00.03. Kyiv. national University named after Taras Shevchenko. Kyiv, 2017. 18 p.
41. Hetmantsev M. Electronic evidence in the civil process: the practice of applying new legislation. Entrepreneurship, economy, law. 2019. №. 2. P. 19-23.
42. Gusev O. Classification of electronic evidence in the civil process of Ukraine. Entrepreneurship, economy and law. 2018. No. 8. P. 18–22.
43. Demchyshyn I.I., Zadorozhnya O.O. Electronic evidence in economic justice of Ukraine. Odesa, 2018. 39 p.
44. Kalamayko A.Yu. The place of electronic means of proof and specific issues of their use in the civil process. Law and innovation. 2015. No. 2. P. 127–132. URL: http://dspace.nlu.edu.ua/handle/123456789/9914
45. Komarov V. V. Essay on the formation and development of the science of civil procedural law, Kharkiv, 2013. Vol. 3, pp. 687–712.
46. ??Komarov V.V. Teaching about the subject of civil procedural law. Kharkiv, 2013. P. 58–62. URL: http://dspace.nlu.edu.ua/handle/123456789/7149
47. Melnyk Ya. Limitation of civil procedural rights by the court as a tool for ensuring proportionality in the civil process. Entrepreneurship, economy and law. 2019. №. 1. P.21-27
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