Constitutional Jurisdictional

Major: Law
Code of subject: 6.081.00.M.072
Credits: 6.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Melnychenko Bohdana
Semester: 6 семестр
Mode of study: денна
Learning outcomes: Integrated Competence (INT): the ability to solve complex specialized problems 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. General competencies (GС): 1. Ability to abstract thinking, analysis and synthesis. 2. Ability to apply knowledge in practical situations. 3. Ability to search and analyze information from various sources; 4. Ability to apply and integrate knowledge and understanding of disciplines of other related fields. Special (professional, subject) competencies (SC): 1. Ability to analyze the social conditions of law in society; 2. Knowledge of procedural provisions of the constitutional legislation of Ukraine and mechanisms of their application in practice; 3. Knowledge, understanding and implementation of moral and ethical values in practice. Program learning outcomes (PR): 1. To determine the persuasiveness of arguments in the process of assessing previously unknown conditions and circumstances. 2. Analyze social processes in the context of the analyzed problem and demonstrate their own vision of ways to solve it. 3. Demonstrate the necessary knowledge and understanding of the nature and content of basic legal institutions and norms of fundamental branches of law. 4. Be able to use constitutional and legal mechanisms and instruments for guaranteeing human rights, ensuring justice and democracy. Autonomy and responsibility (AR): the ability to act responsibly, to make decisions independently, to achieve the goal in compliance with the requirements of professional ethics.
Required prior and related subjects: The previous subjects: Theory of State and Law; Constitutional law. Related and following disciplines: Constitutional process; State (Constitutional) Law of foreign countries; State construction and local self-government bodies.
Summary of the subject: Study of the course "Constitutional Jurisdiction" involves the formation of students' comprehensive knowledge, focusing on the doctrine of Ukrainian constitutionalism, the importance of constitutional jurisdiction, features of the constitutional process, the practice of the Constitutional Court of Ukraine and especially its legal positions and acts. When studying the discipline, the emphasis is on understanding the main categories of constitutional justice. Models of constitutional justice in the leading countries of the world are studied. The constitutional process in Ukraine at the present stage, the role of bodies of constitutional jurisdiction in the mechanism of legal protection of the Constitution and guarantee of human and civil rights and freedoms are studied; the status of the Constitutional Court of Ukraine; constitutional trial; essence and types of decisions of the Court, legal positions of the Court in the most important areas of constitutional construction (guaranteeing the constitutional order and democracy, implementation and protection of constitutional rights and freedoms, with emphasis on the constitutionalization of sectoral legislation). Students get acquainted with the exercise by the Constitutional Court of Ukraine of the powers of constitutional control, official interpretation of the Constitution of Ukraine and the implementation of other powers provided by the Constitution of Ukraine.
Assessment methods and criteria: Methods of diagnostics of knowledge in the study of the discipline "Constitutional Jurisdiction" are: oral examination in practical (seminar) classes; performance of an individual research task; control work. Assessment of student learning outcomes is based on the results of the current control of learning outcomes during the semester in accordance with the 100-point assessment scale established at the University.
Recommended books: 1. Current issues of Constitutional Law of Ukraine: a textbook / for general ed. A. Yu. Oliynyk. Kyiv : Center for Educational Literature, 2013. 554 p. 2. Bysaga Yu. M., Gomonay V. V., Checherskyy V. I. Constitutional and Procedural Law of Ukraine : textbook. Uzhhorod : Lira, 2011. 360 p. 3. Kovalchuk V. B., Melnychenko B. B., Popadynets Н.O. Constitutional jurisdiction: textbook. way. Lviv: BONA, 2021. 300 p. 4. Kovalchuk V. B. Constitutionalism and the foundations of democracy: theoretical and legal dimension. Part 1: collective monograph / V. B. Kovalchuk, S. M. Bialystok, M. M. Blikhar, I. I. Zabokrytsky, I. D. Sofinska. Lviv: FOP Svinarchuk Roman Viktorovych, 2019. 272 p. 5. Kovalchuk V. B. Constitutionalism and the foundations of democracy: theoretical and legal dimension. Part 2: monograph / V. B. Kovalchuk, O. B. Kovalchuk, S. I. Ishchuk, O. I. Romtsiv, I. D. Sofinska. Lviv: FOP Svinarchuk Roman Viktorovych, 2020. 238 p. 6. Constitutional Law of Ukraine: full course: a textbook / O. V Sovgyrya, N. G. Shuklin. Kyiv : Yurinkom Inter, 2012. 544 p. 7. Constitutional jurisdiction: a textbook / Yu. G. Barabash and others. ; for order. Yu. G. Barabash, A. O. Selivanov. Kharkiv : Pravo, 2012. 166 p. 8. Krusyan A. R. Modern Ukrainian constitutionalism: a monograph. Kyiv : Yurinkom Inter, 2010. 560 p. 9. Maidannyk O. O. Constitutional Law of Ukraine : a textbook. Kyiv : Alerta, 2011. 380 p. 10. Pogorilko V. F., Fedorenko V. L. Constitutional Law of Ukraine : a textbook / for general ed. V. L. Fedorenko ; foreword by prof. V. M. Shapoval. Kyiv, 2012. 727 p.