Actual Problems of Constitutional and International Right

Major: Law
Code of subject: 7.081.01.O.003
Credits: 5.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Ihor Zabokrytskyi
Semester: 1 семестр
Mode of study: денна
Learning outcomes: INT. The ability to solve problems of a research and/or innovative nature in the field of law.GC4. Ability to adapt and act in a new situation. GC6. Ability to generate new ideas (creativity). GC8. Ability to communicate with representatives of other professional groups at different levels (with experts from other fields of knowledge/types of economic activity). SC2. Ability to analyze and evaluate the impact of the legal system of the European Union on the legal system of Ukraine. SC3. The ability to analyze and evaluate the impact of the Convention for 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. SC4. The ability to assess the interaction of international law and international legal systems with the legal system of Ukraine. SC6 Ability to justify and motivate legal decision, give detailed legal reasoning. SC10. 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. SC12. Ability to develop and approve ethical standards of legal activity, standards of professional independence and responsibility of a lawyer. SC13. 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. SC14. The ability to independently prepare drafts of regulatory and legal acts, justify the social conditionality of their adoption, predict the results of their impact on relevant social relations. LO1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation. LO3. Collect, integrate analysis, and summarize materials from various sources, including scientific and professional literature, databases, digital, statistical, test, and others, and check them for reliability using modern research methods. LO6. Reasonably formulate one's legal position, be able to oppose, evaluate evidence and present convincing arguments. LO7. Discuss complex legal problems, propose and substantiate options for their solution. LO13. Analyze and evaluate the practice of application of individual legal institutions. LO14. Justify the legal position at various stages of law enforcement. LO15. To have practical skills in solving problems related to the implementation of procedural functions of law enforcement entities. LO17. Integrate the necessary knowledge and solve complex law enforcement tasks in various spheres of professional activity. Kn1 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. Kn2 Critical understanding of problems in the field and on the border of the field of knowledge. Sk2 Ability to integrate knowledge and solve complex problems in broad or multidisciplinary contexts C1 Clear and unambiguous presentation of one's own knowledge, conclusions and arguments to specialists and non-specialists, in particular, to persons who are studying AR2 Responsibility for contributing to professional knowledge and practice and/or evaluating the results of team and collective activities.
Required prior and related subjects: Попередні навчальні дисципліни: Конституційне право, Державне (конституційне) право зарубіжних країн, Міжнародне право, Основи права Європейського Союзу. Супутні і наступні навчальні дисципліни: Міжнародна юстиція, Теорія та практика конституціоналізму Previous academic disciplines: Constitutional Law, Comparative Constitutional Law, International Law, Fundamentals of the EU Law. Related and the following disciplines: International Justice, Theory and Practice of Constitutionalism, Ukraine and European Integration.
Summary of the subject: 1. Constitutional modernization in Ukraine. The procedure for introducing amendments to the Constitution of Ukraine. Overview of the main changes and draft laws on amendments to the Constitution of Ukraine. Institute of parliamentary privileges: Ukrainian and foreign experience. 2. International legal standards of constitutionalism. Concept of international legal standards of constitutionalism. Conventions in the field of human rights. Implementation of international standards in the national legislation of Ukraine. 3. Constitutional justice in Ukraine and foreign countries. Models of constitutional justice (Anglo-Saxon, continental, others). Problems of implementing decisions of the Constitutional Court of Ukraine. Constitutional complaint in Ukraine and foreign countries. 4. Comparative constitutional interpretation. Comparative constitutional interpretation in foreign countries. The case of Roper v Simons, other examples of the application of comparative constitutional interpretation by foreign bodies of constitutional justice. Advantages and disadvantages of comparative constitutional interpretation. The principle of friendly attitude to international law in the practice of the Constitutional Court of Ukraine. Application of comparative constitutional interpretation in the practice of the Constitutional Court of Ukraine. 5. Actual problems of international law. International economic law. Problems of international tariff and non-tariff restrictions. World Trade Organization (WTO) and its activities. Violation of the norms and principles of international law by the Russian Federation as a result of the large-scale invasion of Ukraine. International disputes between Ukraine and Russia. 6. Actual problems of international private law. International commercial arbitration as a dispute resolution method: advantages and disadvantages. Problems of execution of foreign court decisions in Ukraine. Contracts in international private law. Current provisions that such an agreement should contain. Choice of law and place of dispute resolution. International protection of intellectual property. International agreements in the field of intellectual property protection. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). 7. Actual problems of the law of the European Union. Institutional law of the EU. EU internal market law. Principles of the EU internal market. Customs union. 8. Ukraine and the EU. The organizational and legal mechanism of Ukraine's cooperation with the EU. European integration vector of Ukraine's foreign policy. Harmonization of Ukrainian legislation with EU law. Association Agreement and its implementation in Ukraine. The procedure for acquiring membership in the EU. Granting Ukraine the status of a candidate for EU membership. Prospects for Ukraine to become a member of the EU.
Assessment methods and criteria: Evaluation of the student's learning results is carried out in accordance with the 100-point evaluation scale established by the University. The final assessment of the academic discipline consists of the PC assessment of the study results during the semester and the assessment of the study results during the control event during the SK exam. The number of points assigned to the PC is 40 points. Examination control - 60 points. The maximum total score for each discipline is 100 points.
Recommended books: Armin Von Bogdandy. Comparative Constitutional Law: a Contested Domain. The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks), Oxford University Press, USA; reprint edition (December 1, 2013), 1416 p., p. 25-37 2. C. Sauders. Judicial engagement with comparative law. Comparative Constitutional Law (Research Handbooks in Comparative Constitutional Law) by Tim Ginsburg, 680 p., pp. 571-598 3. Foster on EU Law / Nigel Foster. – 2nd ed., Oxford University press, 2009, 416 p 4. G. Halmai. The Use of Foreign Law in Constitutional Interpretation. Rosenfeld, M. and Sajo?, A. (2012). The Oxford handbook of comparative constitutional law. Oxford, U.K.: Oxford University Press, pp. 1328-1348. 5. International Human Rights Law. United Nations human rights, office of the High Commissioner.URL: http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx retrieved 05-05-2016 6. Joseph, S., & McBeth, A. (2010). Research handbook on international human rights law. Cheltenham, UK: Edward Elgar 7. Koldov Y., Koldov O. Право на справедливий судовий розгляд в міжнародному комерційному арбітражі //Journal of Scientific Papers «Social development and Security». – 2020. – Т. 10. – №. 3. – С. 64-74. 8. Mert Elcin. Lex Mercatoria in International Arbitration Theory and Practice Volume I. Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute. Florence, November 2012, pp. 461. URL: https://cadmus.eui.eu/bitstream/handle/1814/25204/2012_ELCIN_Vol1.pdf?sequence=1 9. Petrov R. Association agreement versus partnership agreement. What is the difference? [Електронний ресурс] / R. Petrov. – Режим доступу: http://uesa.blogspot.com/2011/04/blog-post_04.html 10. Reding Viviane, The importance of the EU Charter of Fundamental Rights for European legislative practice, Berlin, 17 September 2010. URL: http://europa.eu/rapid/press-release_SPEECH-10-463_en.pdf 11. Zabokrytskyi I.I. Constitutionalization of sources of international law: national and supranational aspects. Lviv: Liga-press, 2015. p. 85 12. Official website of the Verkhovna Rada of Ukraine. URL: https://www.rada.gov.ua/ 13. Official Internet portal of the President of Ukraine. URL: http://www.president.gov.ua 14. Official website of the Cabinet of Ministers of Ukraine. URL: http://www.kmu.gov.ua 15. Official website of the Ministry of Foreign Affairs of Ukraine. URL: http://mfa.gov.ua/ua 16. Official website of the European Union. URL: https://europa.eu/european-union/index_en 17. Official website of the European Commission. URL: https://ec.europa.eu/info/index_en 18. Official website of the European Court of Human Rights. URL: https://www.echr.coe.int