Theory of State and Law (курсова робота)

Major: Law
Code of subject: 6.081.00.O.015
Credits: 2.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Lecturers: Course supervisors
Semester: 2 семестр
Mode of study: денна
Learning outcomes: Integral competence (INT): Ability to solve complex specialized tasks and practical problems in the field of professional legal activity or in the learning process, which involves the application of legal doctrines, principles and legal institutions and is characterized by complexity and uncertainty of conditions. General competencies (GC) GC1. Ability to abstract thinking, analysis and synthesis. GC8. Ability to be critical and self-critical. Special (professional) competencies (SC) SC1. Ability to apply knowledge of the basics of theory and philosophy of law, knowledge and understanding of the structure of the legal profession and its role in society. SC 2. Knowledge and understanding of the retrospective of the formation of legal and state institutions. SC 12. Ability to analyze legal issues, form and justify legal positions SC 16. Ability to logical, critical and systematic analysis of documents, understanding their legal nature and significance. Programme Learning outcomes (PO) PO2. Analyze social processes in the context of the analyzed problem and demonstrate their own vision of ways to solve it. PO 3. Conduct collection and integrated analysis of materials from various sources. PO 4. Formulate their own sound judgments based on the analysis of a certain problem. PO 5. Give a brief conclusion on certain factual circumstances (data) with sufficient justification. PO 7. Make and coordinate a plan of own research and independently collect materials from certain sources. PO 8. Use a variety of information sources to fully and comprehensively establish certain circumstances. PO 16. Explain the nature and content of basic legal phenomena and processes. Autonomy and responsibility (AaR) 3. Ability to treat the work responsibly, to make decisions independently, to achieve the goal in compliance with the requirements of professional ethics; 4. Ability to demonstrate understanding of current legislation. Communication (COM) 3. Inform the respondent about certain issues in accessible and clear way 4. Explain the nature of certain events and processes with an understanding of the professional and social context.
Required prior and related subjects: Prerequisites: Theory of State and Law, Legal Deontology Correquisites: Constitutional Law, Philosophy of Law
Summary of the subject: Course paper on the Theory of State and Law is an important type of students’ individual tasks. The peculiarity of this type of task is due to the specifics and importance of the discipline "Theory of State and Law". The theory of state and law is a fundamental, methodological, ideological discipline, the importance of which in the system of jurisprudence is due to the universal system of knowledge about state and legal regularities. The theory of state and law studies and explores the general state and legal regularities that apply to the state as a whole and its entire legal system, and general state and legal regularities, which subordinate the law and the state under any historical conditions, in any place and at all times. This discipline is now taught in all law schools of Ukraine and is the conceptual foundation of professional training of lawyers.
Assessment methods and criteria: Assessment of student learning outcomes is carried out in accordance with the 100-point assessment scale established at the Lviv National Polytechnic University, in accordance with the Regulations on rating assessment of student achievement. The main conditions for the assessment are the following: 100-88: The course paper is done on time, independently and provides full disclosure of the topic. The subject of the research is correctly defined. The purpose and objectives are clearly defined and implemented in the study. The author uses modern analytical and methodological tools. The paper contains elements of novelty and is characterized by high quality and depth of theoretical and methodological analysis, critical review of sources of literature and the presence of scientific issues. Generalizations and conclusions are based on a qualitatively developed information base, which allows to clearly define the author's position. The paper develops significant aspects of the implementation of recommendations. The answer is substantiated, illustrated with impeccably designed visual materials, testifies to the formulation of the student's own opinion on the subject of research and is logical, complete. The answers to the questions are correct and concise. 87-71: The course paper is done on time, theoretical generalizations and conclusions of the analytical part are mostly correct. However, there are insignificant shortcomings in the identified logic of the proposed measures to solve problems, the rationale that affects the depth of personal analysis of the student's factual information. The use of modern analytical tools is limited. The author's proposals submitted in this paper do not fully contain an analytical justification for the expediency of their implementation. The student's answer is full of factual information that reflects the relevant results of the study. The answers to the questions are correct, but not always complete or specific. 70-50: The topics of the course paper are mostly covered, but have shortcomings of a substantive nature. The theoretical and analytical part and proposals are reasonably unconvincing, there are no reasoned author's generalizations and conclusions. There are remarks on the logic and consistency of the presented material, which is descriptive. The paper is carelessly submitted. The student does not know certain issues of the topics, not all answers to the questions are correct or complete. Visual materials do not fully reflect the content of the paper. 49-0: There is no logic the structure of the study. There is no understanding of the purpose, tasks and, subject of research in the work. The names of individual sections do not correspond to their content. Theoretical analysis and determination of the state of the processes under consideration are of a compilation nature, there are no references to the used sources of literature. There is no independence of judgments in the proposed recommendations and proposals. The design of the paper has significant shortcomings. The report does not reflect the content of the paper, most of the answers to the questions are incorrect, and the student does not know the subject of the research. There are no visual materials to defend the paper. The course paper is not allowed to be defended: The paper was submitted in violation of the deadlines set by the department. The response of the supervisor is negative. The student does not know the submitted material, is not oriented in the subject of research. The logic of the presented material is broken. Section titles do not match the content. The content of the sections is unrelated. The course paper does not meet the requirements.
Recommended books: 1. Shmotkin O.V. Actual Problems of the Theory of State and Law: textbook. Kyiv: NA SSU, 2019. 275 p. 2. Bondarenko B.D. Regularities as a Subject of General Theory of Law: monograph. K.: Dakor, 2020. 265 p. 3. Dudash T. Practice of the European Court of Human Rights: textbook. K.: Alerta, 2016. 488p. 4. General Theory of Law and the State: textbook / Ya. Baryska, Z. Pogorelova, T. Popovych. Uzhhorod, 2021. 550 p. 5. General Theory of Law: [educational and methodical manual] / Orlova О.О., Kuchuk A.M., Minchenko O.V. Sumy : P.E. Tsoma, 2020. 236 p. 6. General theory of Law: textbook / Kelman M.S., Stratonov V.M. 6th edition, ext. Kherson: OLDI-PLUS, 2020. 742 p. 7. General Theory of Law: textbook / gen. ed. Kozyubra M.I. K .: Vaite, 2016. 392 p. 8. Kelsen H. Pure Theory of Law / transl. from German by Mokrovolskyj O. Kyiv: Universe, 2004. 496p. 9. Kelman M.S. Methodology as a Form of Thinking and a Component of the Researcher's Culture. Lviv: Raster-7 publishing house, 2017. 220 p. 10. Kistyakivskyi B. Certain Works. Library of the journal "Philosophical and Sociological Thought". Series. "Ukrainian Notionalists" / transl. from Russian by Malyshevska L.H.; foreword and notes by Depenchuk L.P. Kyiv: Abrys, 1996. 512p. 11. Melkevik B. Law. Philosophy. Modernity [Text]: coll. art .: on the occasion of the First Kharkiv. International Legal Forum (October 3-6, 2017) /; [trans.: S. Maximov and others. ; ed. S. Maximov, O. Uvarova]; Yaroslav Mudryi National Law University. Kharkiv: Pravo, 2017. 75 p. 12. Methodology and Innovation of General Theoretical Jurisprudence: momograph /gen. ed. Oborotov Yu. M.. Odesa: Fenix, 2019. 420 p. 13. Independence of Ukraine: human rights and national security: a collection of materials of the First International Scientific and Practical Conference (Lviv, May 21, 2021) / Lviv National Polytechnic University; ed. Yarmol L.V. Lviv: Halytska vydavnycha spilka, 2021. 340 p. 14. Onishchenko N.M. Legal Regulation, Legal Influence and Legal Support: Index of Mutual Determination. Rule of law.2020. Issue 31. pp. 46-54. 15. Ontology of the Principle of Democracy in Law: Philosophical and Legal Analysis: monography. Hrushchuk O.B., Shejna A.M. Khmelnytskyi. 2019. 216p. 16. Parkhomenko N.M. Development of Ukrainian Legislation in the Context of Constitutionalization, European Integration and Human Rights: monograph. Kyiv: Koretskyj Institute of State and Law, 2016. 253p. 17. Legal Science of Ukraine: Current Status, Challenges, Prospects of Development: monograph / ed.: Petryshyn O.V., Zhuravel V.A., Kuznetsova N.S. [etc.]; Acad. of Legal Sciences of Ukraine. Kharkiv: Pravo, 2021. 680 p. 18. Rabinovych P.M. Fundamentals of the General Theory of Law and the State: textbook. "Medicine and Law" Publishing House of LOCF, 2021. 256 p. 19. Severinova O.B. Theory of State and Law: textbook. Kyiv: Dakor, 2021 103 p. 20. Skakun O.F. Theory of State and Law: textbook. K.: Alerta, 2016. 528 s. 21. Modern Mechanisms of Human Rghts Protection: Collective Monograph / Kelman M. S., Tokarska A.S., Yarmol L.V., Tsebenko S.B., Dutko A.O. Lviv: Galician Publishing Union, 2020. 220 p. 22. Theory of State and Law: textbook / Marchuk V.M. and others; gen. ed. L. Nikolayeva, T. Gorzhiya. Kyiv: Kyiv National University of Trade and Economics, 2021. 423 p. 23. Theory of State and Law: textbook / gen. ed. Petrishina O.V.; Yaroslav the Wise National Academy of Law of Ukraine. Kharkiv : Pravo, 2014. 366 p. 24. Topolevsky R.B., Fedina N.V. Theory of State and Law: textbook. Lviv : Lviv State University of Internal Affairs, 2020. 267 p. 25. H.L.A. Hart. The Concept of Law / transl. from English by Komarova N., Kyiv: Sphera, 1998. 236p. 26. Shevchenko A.E., Starostyuk A.V., Karmalita M.V. Theory of State and Law: textbook. Irpen: [b.v.], 2017. 256 p. 27. Annual Report of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine on the State of Respect and Protection of Human and Civil Rights and Freedoms in Ukraine (2020). Official site of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine URL: http://www.ombudsman.gov.ua/ua/page/secretariat/docs (date of access: 10.08.2021). 28. Annual Report 2020 of the European Court of Human Rights, Council of Europe. Strasbour: Registry of the European Court of Human Rights, 2021. 179 p. URL: https://www.echr.coe.int/Pages/home.aspx?p=court/annualreports&c=(date of access: 23.08.2021)