Advocacy in Ukraine

Major: Law
Code of subject: 6.081.00.M.069
Credits: 6.00
Department: Civil Law and Procedure
Lecturer: Blyok N.V.
Semester: 6 семестр
Mode of study: денна
Learning outcomes: As a result of studying the academic discipline, the student must be able to demonstrate the following learning outcomes: PR3. Conduct collection and integrated analysis of materials from various sources; PR15. Demonstrate the necessary knowledge and understanding of the essence and content of the main legal institutions and norms of the fundamental branches of law; PR16. Explain the nature and content of the main legal phenomena and processes; PR17. Apply acquired knowledge in various legal situations, distinguish legally significant facts and form justified legal conclusions; PR18. Prepare drafts of the necessary acts of application of the law in accordance with the legal conclusion made in various legal situations; PR19. Provide advice on possible ways to protect the rights and interests of clients in various legal situations; PR23 Analyze and correctly apply the norms of substantive and procedural law. Communication (COM) KOM4. Explain the nature of certain events and processes with an understanding of the professional and social context. Autonomy and responsibility (AiV). AiB1. Ability to adapt to new situations and make appropriate decisions; AiB3. The ability to take responsibility for the work performed, to make decisions independently, to achieve the set goal in compliance with the requirements of professional ethics; AiB4. Ability to demonstrate understanding of applicable law.
Required prior and related subjects: Previous academic disciplines Labor Law Civil law, part 1 Civil law, part 2 Family law Related and subsequent disciplines Civil proceedings Economic process
Summary of the subject: "Advocacy in Ukraine" - a discipline of practical and professional orientation, which orients students to an in-depth study of the content of legislation, the procedure for providing various types of legal assistance, the exercise of the powers of a lawyer, and guarantees of his activities, tasks set before roles and places in society and ensuring proper professional training of human rights lawyers. Mastering the discipline will allow to better understand the importance and role of the bar in building a democratic state governed by the rule of law, its place among other legal ways to protect human rights, identify legislative gaps in the regulation of advocacy, identify prospects for further development of the bar in the context of judicial reform. and law and order in all spheres of public life, ensuring the rights and legitimate interests of both individuals and legal entities. In-depth study of this discipline is a necessary condition for students to develop a modern view of the legal profession, a conscious and responsible attitude to the future profession, intensify their analytical activities, develop skills of self-analysis and interpretation of legislation. legal advisers, judges, notaries, prosecutors, etc.
Assessment methods and criteria: Forms and methods of teaching. 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); practical (experiment, practice); 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, trainings and business games, conversations and discussions, work in VNS, "electronic lectures", seminars, distance consultations - aimed at activating and stimulating educational cognitive student activities. The main markers of the organization of the educational process in the discipline "Advocacy in Ukraine" are the formation of competencies, competence development, testing and/or assessment of competencies, correction of basic competencies, combined, interactive, integrated classes (discussion group), classes students to others), classes of the "press conference" format, business games, forums, briefings, quests, etc. Methods of diagnostics of knowledge, which determine the level of achievement of the planned cognitive results in the discipline "Advocacy in Ukraine", endowed with transparent evaluation criteria, provide objective control. The control measures use a system of objective assessment of knowledge, skills, and abilities, in particular, with the use of innovative technical means, interactive platforms. The means of diagnosing knowledge (learning success, qualitative and quantitative indicators) are current and final 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 "Advocacy in Ukraine". 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 seminars, preparation of reports, messages, presentations, and analytical materials, etc. Current control is carried out in order to determine the readiness of students for classes in the following forms: frontal standardized oral interview of students on the main issues of discourse; frontal inspection of individual tasks; calling individual students to independently solve practical problems or situations (incidents); 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 "Advocacy in Ukraine", a conscious attitude and consistency in the 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. Final (semester) control: test tasks, case tasks (tasks), theoretical questions (normative, problem, discussion direction). Written and oral components. Criteria for evaluating the learning outcomes of full-time students Distribution of points on a 100-point scale Current control (ПК): Answers to practical classes – 40 Individual tasks – 30 Scientific work – 20 Control work – 10 Total for the discipline – 100 Evaluation criteria are developed according to a four-point system ("excellent", "good", "satisfactory", "unsatisfactory"), taking into account the completeness and correctness of tasks and mandatory translation of grades into ECTS scale and 100-point scale of Lviv Polytechnic National University to assess the integrated knowledge of students from each module.
Recommended books: Basic: 1. Constitution of Ukraine of June 28, 1996 (as of last amended). Information of the Verkhovna Rada of Ukraine. 1996. № 30. Art. 141. https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. 2. Convention for the Protection of Human Rights and Fundamental Freedoms from November 4, 1950. Human rights and professional standards for lawyers in the documents of international organizations. Amsterdam Kyiv, 1996. 3. Basic provisions on the role of lawyers, adopted by the VIII UN Congress on Crime Prevention: the official UN document of August 1, 1990. URL: https://zakon.rada.gov.ua/laws/main/995_835. 4. Basic principles concerning the role of UN lawyers URL: http://zakon4.rada.gov.ua/laws/show/995_313. 5. Recommendations № R (2000) 21 of the Committee of Ministers to member states of the Council of Europe on the freedom of association of lawyers: adopted by the Committee of Ministers of the Council of Europe at the 72nd meeting of the Ministers' Deputies on 25 October 2000 URL: https://supreme.court.gov.ua/userfiles/R_2000_21_2000_10_25.pdf 6. Issues of payment for services and reimbursement of attorneys' fees provide free secondary legal aid: Resolution of the Cabinet of Ministers of Ukraine of September 17, 2014, № 465 / URL: https://zakon.rada.gov.ua/laws/main/465-2014-%D0%BF 7. On free legal aid: Law of Ukraine of June 2, 2011 URL: https://zakon.rada.gov.ua/laws/show/3460-1719 8. On Advocacy and Advocacy: Law of Ukraine of July 5, 2012. Information of the Verkhovna Rada of Ukraine. 2013. № 7. Art. 282 9. Regulations on the High Qualification and Disciplinary Commission Advocacy, approved by the Constituent Congress of Advocates of Ukraine on November 17, 2012. URL: https://zakon.rada.gov.ua/rada/show/n0004418-12 10. Rules of Advocate Ethics: Approved by the Reporting and Election Congress of Advocates of Ukraine of June 9, 2017 URL: //zakon.rada.gov.ua/rada/show/n0001891-17 11. Regulations of the Qualification and Disciplinary Commission of the Bar of the region, approved by the decision of the Bar Council of Ukraine of February 16, 2017, № 77 URL: https://zakon.rada.gov.ua/rada/show/v0077418-13 12. Charter of Fundamental Principles for European Advocates URL: http://www.cay.org.ua/ua/104/index.html. Auxiliary: 1. Advocacy and the judiciary: the nature of the relationship. Journal of the Bar Academy. Volume 7. № 4 (25). 2014. 19–25 p. 2. Arakelyan, M.R., Bakayanova, N.M., Bobrovnik S.V., and Zamorska L.I., Human Rights Activity of Advocacy: Theoretical and Legal Perspective: Monograph. Odessa: Phoenix, 2018. 384 p. 3. Afanasiev R. Guarantees of advocacy: the essence and problems of implementation. Bulletin of the National Bar Association of Ukraine. 2014. №2 (3). P.33–36. 4. Bakayanova N.M. Fundamentals of the Bar of Ukraine: functional and organizational aspects. Odessa: Legal Literature, 2017. 357 p. 5. Bakayanova NM Functional and organizational bases of advocacy of Ukraine: dis. … Dr. Jurid. science; 12.00.10 / Bakayanova Nana Mezenivna. Odessa, 2017. 395 p. 6. Biryukova A.M. Legal status of a lawyer and the bar: the domestic model in the context of globalization: dis. ... Dr. Jurid. science; 12.00.10 / Biryukova Alina Mykolayivna. Kyiv, 2019. 508 p. 7. Vilchyk T.B. Correlation between the concepts of "legal aid" and "legal (legal) services" in legal science and legislation of Ukraine. Scientific Bulletin of the International Humanities University. Jurisprudence series. № 6/2. Volume 1. Odessa. 2013. 8. Vilchyk T.B. Advocacy and civil society in a state governed by the rule of law. Law of Ukraine. 2014. № 2 P. 243–250. 9. Vilchyk T.B. Implementation of the principle of independence of professional activity of lawyers in relations with public authorities. Bulletin of the Academy of Advocacy of Ukraine: 2014. Volume 11. P. 63–73. 10. Ibekiva Z.V. The activities of the bar: a monograph. H .: FINN, 2011. 248 p. 11. Ivantsova A.V. Organizational forms of advocacy: monograph H .: Publishing House "FINN", 2011. 248 p. 12. Ivanytsky S.O. Theoretical foundations of the organization of advocacy in Ukraine: principles and system: monograph. Kyiv: Interservice, 2017. 800 p. 13. Koch O. Features of transnational advocacy. Legal Journal. 2013. № 3. P. 123–126. 14. Kurilo T.V. Lawyer as a subject of professional legal (legal) assistance. URL: http://dspace.lvduvs.edu.ua/handle/1234567890/2316 15. Matveev P. History of advocacy. The legal status of advocacy, advocacy. Legal Journal. 2013. № 1. P. 114– 132. 16. Month A. Features of the lawyer's responsibility for violating the rules of lawyer's ethics. 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Conceptual principles of functioning and development of adversarial criminal justice: a monograph. National Academy of Internal Affairs. K.: Precedent, 2011. 303 p. Information resources: - Verkhovna Rada of Ukraine. URL: http://www.rada.kiev.ua - High Specialized Court for Civil and Criminal Cases. URL: http://scourt.gov.ua - Cabinet of Ministers of Ukraine. URL: http://www.kmu.gov.ua - Ministry of Internal Affairs of Ukraine. URL: http://www.mvs.gov.ua