Civil procedure

Major: Law
Code of subject: 6.081.00.O.067
Credits: 5.00
Department: Civil Law and Procedure
Lecturer: S.Vasyliv
Semester: 6 семестр
Mode of study: денна
Learning outcomes: As a result of studying the discipline, the student must be able to demonstrate the following program learning outcomes: Program learning outcomes (ПК): ПР2. Analyze social processes in the context of the analyzed problem and establish their own vision of ways to solve it; ПР4. Formulate their reasonable judgments based on the analysis of a known issue; ПР16. Explain the nature and content of basic legal phenomena and processes; ПР17. Apply the acquired knowledge in different legal situations, highlight legally significant facts, and form sound legal conclusions; ПР19. Provide advice on possible ways to protect the rights and interests of clients in various legal situations; ПР21. Know the mechanism of realization of human rights and freedoms; ПР23. Analyze and correctly apply the rules of substantive and procedural law; Communication (КОМ) КOM4. Explain the nature of certain events and processes to understand the professional and social context. Autonomy and responsibility (AiВ): AiВ3. Ability to treat the work responsibly, to make decisions independently, to achieve the set goal in compliance with the requirements of professional ethics; AiВ4. Ability to demonstrate understanding of current legislation.
Required prior and related subjects: Previous academic disciplines Related and subsequent academic disciplines Civil law, part 1 Economic process Civil law, part 2 Family law Civil law (term paper)
Summary of the subject: The content of the discipline is the concept, subject and sources of civil procedural law, civil procedural legal relations and their subjects, parties and third parties in civil proceedings, representatives in civil proceedings, participation in litigation of bodies and persons entitled by law to apply to court in the interests of others, procedural deadlines, court costs, coercive measures, evidence and proof in civil proceedings, civil jurisdiction, jurisdiction of civil cases, lawsuit, filing a lawsuit, opening proceedings, preparatory proceedings, dispute resolution with a judge, consideration of the case on the merits, suspension and closure of proceedings, leaving the claim without consideration, consideration of cases by way of simplified claim proceedings, consideration of the case in absentia, court decisions, injunctive proceedings, separate proceedings, appellate proceedings, cassation proceedings, review of court decisions exceptional circumstances, execution of а a judgment.
Assessment methods and criteria: Control of student learning outcomes is a component of the educational process, which is carried out in order to establish the compliance of student learning outcomes with the requirements of educational programs. The main types of control of student learning outcomes are current and semester control. In the use of interactive technologies, classes are held inactive and creative forms. Problem-based and review lectures, "active" seminars with elements of "business game", training, classes with the use of the computer-communication component. Teaching methods are used for the formation of skills: verbal/verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); explanatory-illustrative or information-receptive (involves the presentation of ready-made information by the teacher and its assimilation by students); reproductive, which is based on the performance of various tasks on the model; method of problem statement; partial search or heuristic; research. Advantage of productive methods: problem-solving, part-search and research methods, presentations, case studies, training, and business games, conversations and discussions, work in VNS, "electronic lectures", seminars, distance consultations - aimed at activating and stimulating educational cognitive student activities. Methods of diagnostics of knowledge, which determine the level of achievement of the planned cognitive results in the discipline "Civil Procedure", endowed with transparent evaluation criteria, provide objective current and final control. The final grade in the discipline "Civil Procedure" for full-time students consists of an assessment of current control of learning outcomes during the semester and assessment of learning outcomes during the control event during the semester control in the form of an exam. The final grade in the discipline "Civil Procedure" for part-time students consists of an assessment of learning outcomes during the control event during the semester control in the form of an exam. During the control measures, a system of objective assessment of knowledge, skills, and abilities is used, in particular, with the use of innovative technical means, interactive platforms. Test tasks in the discipline "Civil Procedure" - for the current and final control of students' knowledge, are part of the educational and methodological complex, are included in the packages of qualification tasks in the discipline. Means of diagnostics of knowledge (learning success, qualitative and quantitative indicators) are current and semester control of students' knowledge. Current control of knowledge is an organic part of the whole educational process and serves as a means of identifying the degree of perception (assimilation) of educational material in the discipline of "Civil Procedure". Assessment of students' knowledge on the basis of current control data is carried out by monitoring the activity during the study of the program material of the discipline, including answers to practical classes, preparation of reports, reports and analytical materials, etc. Current control is carried out to determine the readiness of students for classes in the following forms: frontal standardized oral interview of students on the central issues of discourse; frontal inspection of individual tasks; calling individual students to solve practical problems or situations (incidents) independently; blitz - a survey, which is either a continuous survey of all students present or a sample survey of those present. Independent and individual work of students involves a purposeful search for effective ways to study the discipline "Civil Procedure," conscious attitude and consistency in work, the ability to use existing literature and regulations to plan their own work. Independent student work - work on a list of topics (tasks) for independent study, provided with educational and methodological literature (NMC, teaching aids) and recommendations, controlled in the form of test tasks, tests, colloquia, abstracts, reports. Semester control: Semester control in the discipline "Civil Procedure" is conducted in the form of an exam on the cumulative system in the terms provided by the schedule of the educational process Exam - a form of Semester control. The examination in the discipline is conducted by a lecturer with the participation of an assistant or other teacher who conducted practical classes in the discipline. Knowledge diagnostic methods, which determine the level of achievement of the planned cognitive results in the discipline "Civil Procedure, endowed with transparent evaluation criteria, provide objective current and absolute control. Criteria for evaluating the learning outcomes of full-time students The maximum score in points is 100. Current control (ПК): - oral examination - 35; - performance in practical classes (abstract) - 5; Total for ПК - 40. Examination control: - written component - 50; - oral component - 10. Total for the discipline 100.
Recommended books: 1. The Universal Declaration of Human Rights was proclaimed by the United Nations on December 10, 1948. Human rights International treaties of Ukraine declarations documents. K .: Scientific opinion. 1992. pp. 18-24 2. The International Covenant on Civil and Political Rights was adopted by the United Nations General Assembly on December 16, 1965. Human rights International treaties of Ukraine Declaration documents. K .: Scientific opinion. 1992. pp. 18-24 3. European Charter on the Status of Judges. Bulletin of the Supreme Court of Ukraine. 1998. №4. C 9-11 4. The Constitution of Ukraine of 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. Civil Procedure Code of Ukraine of 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. Code of Administrative Procedure of Ukraine of July 6, 2005, as amended. 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” of June 2, 2016. Official website of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/1618-15#Text 8. Law of Ukraine "On Enforcement Proceedings" of April 21, 1999, as amended. Official site 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" of October 14, 2014. URL: https://zakon.rada.gov.ua/laws/show/1697-18#Text 10. Law of Ukraine "On Advocacy and Advocacy" of July 5, 2012. Official site of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/5076-17#Text ( 11. Family Code of Ukraine of January 10, 2002 № 2947-III. Information of the Verkhovna Rada of Ukraine (VVR). 2002. № 21-22. Article 135 12. Strategy for Reform of the Judiciary, Judiciary and Related Legal Institutions for 2015–2020, approved by the Decree of the President of Ukraine of May 20, 2015 № 276/2015 URL: http://zakon2.rada.gov.ua/laws/show/ 276 / 2015.5. 13. Judgment of the Constitutional Court of Ukraine of 14 December 1999 in the case of the constitutional petition of 51 People's Deputies of Ukraine on the official interpretation of Article 10 of the Constitution of Ukraine on the use of the state language by public authorities, local governments and its use in educational institutions of Ukraine. Law of Ukraine. 2000. №1. C 140 14. Resolution of the Plenum of the Supreme Court of Ukraine "On the application by courts of the Constitution of Ukraine in the administration of justice". Law of Ukraine. 1997. №8. C 7 15. Enforcement proceedings: textbook. Odessa: Phoenix, 2020. 460 p 16. Electronic litigation: a textbook (for full-time and part-time students) Odessa: Phoenix, 2020. 158 p. 17. Izarova IO, Khanyk-Pospolitak RY Civil process of Ukraine: Textbook. way. for students. jurid. special higher education institutions. Kyiv: VD "Dakor", 2019. 276 p 18. Karnaukh TM Civil procedural law of Ukraine: textbook. National University "Kyiv-Mohyla Academy". Kyiv: Justinian, 2011. 399 p. 19. Novels of the Civil Procedure Code of Ukraine. Nat. University "Odessa. jurid. acad. ». Odessa: Phoenix. 2018. 112 c. 20. Consideration of certain categories of civil cases in the courts: textbook Odessa: Helvetica Publishing House, 2017. 480 p. 21. Legal costs: scientific and practical guide. Odessa: Phoenix, 2020. 120 p 22. Theoretical problems of civil procedural law: Textbook K .: Alert, 2016. 734p. 23. Civil Procedure of Ukraine: Textbook. way. for students. jurid. special higher education institutions. Kyiv: VD Dakor. 2018. 276 p. 24. Civil procedural law of Ukraine: a textbook (for preparation for exams and testing). Odessa: Helvetica Publishing House, 2018. 430 p. 25. Civil procedural law. Educational and methodical manual. Chernivtsi: Chernivtsi National University, 2019. 446 p. 26. Civil law and process: exam preparation. Part two: textbook. way. Dnipro: Publisher Bila KO, 2020. 216 p. 27. Khanyk-Pospolitak R. Yu. Introduction of e-justice in civil proceedings of Ukraine. Law of Ukraine. 2017. № 8. pp. 122–129 28. Civil law and process (part 2): textbook. way. .Dnieper: Publisher Bila KO, 2018. 128 p. 33. 29. Civil Procedure Code of Ukraine: Scientific and practical commentary. K .: Alerta, 2018. 604 p. 30. Civil procedure: textbook. way. Kharkiv: Law, 2020. 390 p. 31. Civil proceedings of Ukraine: basic principles and institutions: monograph. Nat. jurid. Univ. Yaroslav the Wise. Kharkiv: Pravo, 2016. 848 p.