Organization of Attorney's Activity

Major: Law
Code of subject: 7.081.01.E.023
Credits: 5.00
Department: Civil Law and Procedure
Lecturer: N. Pavliuk
Semester: 2 семестр
Mode of study: денна
Мета вивчення дисципліни: The method of studying the discipline "Organization of Advocacy" is to consolidate, expand and deepen the students' knowledge of the content of the legislation that regulates the organization and activity of the Bar, the activation of their analytical activities, the development of skills of independent analysis and interpretation of legislation, the assimilation of the theoretical foundations of the essence and content of advocacy, as well as the categorical apparatus used in the teaching of the discipline (Bar of Ukraine, lawyer, legal activity, protection, representation, agreement on the provision of legal assistance, etc.); broadening the range of knowledge about the tasks of modern advocacy, types and forms of advocacy activities provided for by legislation and applied in practice; familiarization with the legal and organizational support of lawyers, law offices and bar associations; clarification by students of the basic social rights of a lawyer and his assistant, the procedure for disciplinary proceedings against lawyers and the grounds for termination of legal practice; determination of the structure and powers of self-governing bodies of lawyers.
Завдання: Integral competence (ІНТ): ІНТ Ability to solve problems of research and/or of an innovative nature in the field of law. General competences (ЗК): ЗК7. Ability to make a reasoned decision. ЗК9. Ability to work in international content Special (professional subject) competences (СК): СК3. The ability to analyze and evaluate the impact of the Convention on 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. СК7. The ability to change knowledge and understanding of the basic principles (principles) and procedures of the judiciary in Ukraine. СК11. The ability to critically evaluate the effectiveness of representation and the protection of the rights, freedoms and interests of clients. СК12. Ability to develop and approve ethical standards of legal activity, standards of professional independence and responsibility of a lawyer. СК15. The ability to independently prepare drafts of law enforcement acts, taking into account the requirements for their legality, reasonableness and motivation. Competencies of professional direction (ПК): ПК.1 The ability to master the skills of organization and implementation of advocacy work.
Learning outcomes: Be well-informed about Ukrainian system of legislation in terms of legal practice and advocacy and be able to find the necessary statutory regulations for a particular case; analyze regulations related to the legal profession and apply them in practice; interpret the provisions of the Law of Ukraine "On Legal Practice and Advocacy"; to practice law; draft agreements and statements, explanations of certain legal action; legal advice; solve practical problems that arise when applying the law to specific practical situations and compile relevant documents; to explain the rights and duties to the persons who have applied for legal assistance, and also to warn of consequences of the acts done. Be able to ensure the protection of life, health, rights and legitimate interests of citizens; be able to provide legal protection of the interests of citizens, institutions, organizations, enterprises; be capable of analyzing the causes and conditions of crimes and offenses; develop recommendations for their prevention; work either independently or in a team, be able to communicate with colleagues in the field of scientific achievements, both at the general level and at the level of specialists; have skills of work in the international context; be capable of communicating effectively at the professional and social levels; be able to act in accordance with social responsibility and civic consciousness; be able to perform the tasks confidently and persistently; be responsible for the quality of work performed; have skills of using information and communication technologies.
Required prior and related subjects: Theory of state and law; Civil law; Family law; Land law; Contract law; Procedural representation; Participation of a lawyer in the affairs of international institutions; Advocacy self-government.
Summary of the subject: The aim is to generate learners' knowledge of legal system in the field of law; providing knowledge concerning organization of advocacy in Ukraine, as well as the competence of lawyers, the organization of work with clients and procedure of representing their interests; study of the basic provisions on the acquisition of the lawyer status, the organization of the workplace and work with clients, the peculiarities of the lawyer's processing cases of various categories, lawyer's ethics; lawyer's record; to develop practical skills of application legislation while conducting legal activity.
Опис: Topic 1. General principles of functioning of the legal profession in Ukraine Topic 2. Legal and social nature of the legal profession Topic 3. The procedure for obtaining the right to work as a lawyer in Ukraine Topic 4. Organization and procedure of passing the experience to obtain a special certificate of the right to practice law. Topic 5. Professional ethics of lawyers in Ukraine Topic 6. Ethical aspects of a lawyer's relationship with clients Topic 7. Lawyer's file Topic 8. Admission of foreign lawyers to provide legal services on the territory of the host state Topic 9. Lawyer in criminal proceedings Topic 10. Participation of a lawyer in a civil process Topic 11. Participation of a lawyer in economic and administrative proceedings Topic 12. Bar self-government Topic 13. Participation of a lawyer in the system of free legal aid Topic 14. Protection of the rights and interests of lawyers
Assessment methods and criteria: Oral questioning in practical (seminar) classes is evaluated; presentation at practical (seminar) classes (with an abstract, report, discussion, etc .; solving practical problems, exercises, etc.); protection of individual task; homework, exam.
Критерії оцінювання результатів навчання: For full-time students, the semester evaluation for the study discipline "Organization of Advocacy" consists of the sum of the evaluation of the current control of learning results during the semester and the evaluation of learning results during the control event during the semester control in the form of an exam. The maximum number of points for the final control is 100 points, of which 40 points are for the current control (PC) and 60 points are the examination control (EC). Current control at each practical lesson and by the results of independent work tasks. It provides for the evaluation of theoretical training of students of higher education on a selective topic (including self-developed material) while working in practical classes and performing abstract works. The maximum score of the current control is 40 points, of which: 35 points – oral survey of students in practical classes; 5 points - performance in practical classes with a report (abstract). All points obtained by the student in practical classes are added up. On practical concepts from the discipline "Organization of the lawyer's case", the current control is carried out by means of an oral survey of students. The student's oral answer to theoretical questions or his oral solution to a task (task) on the topic of a practical task is evaluated on a scale from 4 to 0 points. Criteria for current assessment of students' knowledge in practical classes 4 points - a full-time student has mastered the educational material, presents it independently and reasonedly during an oral presentation, deeply and comprehensively discloses the content of theoretical questions and practical tasks, while using normative literary sources, judicial practice, mandatory and additional scientific work. 3 points - the student has a sufficiently complete command of the educational material, explains it in a reasonable manner during oral presentations and written answers, mainly reveals the content of theoretical questions and practical tasks, but makes inaccuracies and minor mistakes when explaining certain questions, does not sufficiently use the court practice when solving tasks ( performance of tasks). 2 points – the student generally possesses the educational material, but presents it fragmentarily and superficially (without argumentation and justification) during oral presentations and written answers, does not sufficiently reveal the content of theoretical questions and practical tasks (assignments), allowing inaccuracies in the argumentation of answers by normative sources and examples from court practice. 1 point - the student partially masters the educational material, is unable to explain the content of topical issues of the topic during oral presentations and written answers, while making significant mistakes. 0 points - the student does not know the educational material and is unable to explain it, does not use the content of theoretical questions and practical tasks. In practical classes, students can supplement answers, speeches, which are evaluated separately. Addition of relevant grades: 2 points - supported by students who have a deep knowledge of the material, have clearly defined its content; You made a deep systematic analysis of the content of the speech, new ideas and provisions that were not considered, but significantly affect the content of the report, provided your own arguments regarding the main provisions of this topic. 1 point - supported by students who presented material on the discussed topic that complements the content of the speech, deepens knowledge on this topic and expressed their own opinion. At practical classes, students can also present a report in the form of an essay on the topic specified in the Methodological Guidelines for independent work in the discipline "Organization of the Bar Case." The maximum number of points for preparing an abstract and speaking with an abstract in a practical session is 5 points.
Порядок та критерії виставляння балів та оцінок: 100–88 points – (“excellent”) awarded for a high level of knowledge (some inaccuracies are allowed) of the educational material of the component contained in the main and additionally recommended literary sources, the ability to clearly analyze the phenomena being studied, in their relationship and development , succinctly, logically, to answer the questions, the ability to use theoretical provisions when solving practical problems; 87–71 points – (“good”) is awarded for a generally correct understanding of the educational material of the component, including calculations, reasoned answers to the questions posed, which, however, correspond to certain (insignificant) shortcomings, for changing theoretical provisions when solving practical ones. task; 70 – 50 points – (“satisfactory”) is awarded for weak knowledge of the component of the educational material, imprecise or poorly reasoned answers, with a violation of the lecture cycle, for weak application of theoretical provisions when solving practical tasks; 49–26 points – (“not certified” with the possibility of retaking the semester control) is given for ignorance of significant parts of the educational material of the component, significant mistakes in answering questions, inability to develop theoretical positions during solving practical tasks; 25-00 points - ("unsatisfactory" with mandatory re-study) is awarded for ignorance of significant parts of the component of the educational material, significant errors in answering questions, inability to navigate when solving practical tasks, ignorance of the main fundamental provisions.
Recommended books: 1. Andriyts'o V. D. Sudove dokazuvannya yak rozumovo-protsesual'na diyal'nist' u tsyvil'nomu sudochynstvi. Advokat. 2013. № 7. S. 13–2 2. Arakelyan M. R. Advokatura Ukrayiny – instytut hromadyans'koho suspil'stva: pravova pryroda. Naukovi pratsi Natsional'noho universytetu «Odes'ka yurydychna akademiya». 2013. T. 11. S. 78–85. 3. Banchuk O. A. Pravova dopomoha: Zarubizhnyy dosvid ta propozytsiyi dlya Ukrayiny. Kyyiv: Fakt, 2004. 504 s. 4. Yelov V.A. Osnovy advokat•s'koyi etyky: posib. vykladacha. K.: Pretsedent, 2010. 132 s. 5. Zeykan Ya. P. Advokat: navychky vyd., ster. K.: KNT: Vyd. Lipkan O.S., 2011. 788 s. 6. Ibekiva Z. V. Diyal'nist' advokatury: monohrafiya. Kh.: FINN, 2011. 248 s. 7. Kucher T. M. Zastosuvannya lohichnykh modeley dovedennya advokatamy u tsyvil'nomu sudochynstvi Ukrayiny. Chasopys Kyyivs'koho universytetu prava. 2012. № 4. S. 175–179. 8. Matveyev P. Istoriya advokatury. Pravovyy status advokatury, advokats'ka diyal'nist'. Yurydychnyy zhurnal. 2013. № 1. S. 114–132. 9. Matvyeyev P. Porivnyal'nyy analiz Pravyl advokats'koyi etyky. Yurydychnyy zhurnal. 2013. № 3. S. 120–122. 10. Podolyaka A. M. Zakhyst prav i svobod hromadyan zasobamy advokatury. Forum prava: elektron. nauk. fakh. vyd. 2009. № 1. S. 429– 433.
Уніфікований додаток: Lviv Polytechnic National University ensures the realization of the rights of persons with disabilities to obtain higher education. Inclusive educational services provide the Accessibility Service with learning opportunities "Without restrictions", the provision of activities, which are the provision of permanent individual support of the educational process of students with disabilities and diseases. An important tool for the implementation of the inclusive educational policy at the University is the Program for improving the qualifications of scientific and pedagogical workers and educational and support staff in the field of social inclusion and inclusive education. Contact at: St. Karpinsky, 2/4, 1st floor, room 112 Email address: nolimits@lpnu.ua Websites: https://lpnu.ua/nolimits https://lpnu.ua/integration
Академічна доброчесність: The policy regarding the academic integrity of participants in the educational process is formed on the basis of supporting the principles of academic integrity with the requirement of the norm "Regulations on academic integrity at the Lviv Polytechnic National University" (approved by the academic council of the university on June 20, 2017, protocol №. 35).

Organization of Attorney's Activity (курсова робота)

Major: Law
Code of subject: 7.081.01.E.024
Credits: 2.00
Department: Civil Law and Procedure
Lecturer: To supervise the course work of the student is appointed a supervisor from among the scientific and pedagogical staff of the department, which is assigned to perform the course work.
Semester: 2 семестр
Mode of study: денна
Мета вивчення дисципліни: The purpose of the course work is to consolidate and deepen the students' theoretical and practical knowledge of labor law, to develop the skills of conducting independent scientific work, to familiarize with the main methods of scientific research and to teach them to apply them practically, while at the same time checking the knowledge gained from the educational discipline "Organization of the Bar Case".
Завдання: Completion of the coursework should contribute to the student's formation of creative and research skills. Integral competence (IНT). The ability to solve problems of a research and/or innovative nature in the field of law. General competences (ЗК) ЗK2. Ability to conduct research at an appropriate level. ЗK3 Ability to search, process and analyze information from various sources. ЗK6. Ability to generate new ideas (creativity). Special (professional subject competences (СК) СK11. The ability to critically evaluate the effectiveness of representation and protection of the rights, freedoms and interests of clients. СK12. Ability to develop and approve ethical standards of legal activity, standards of professional independence and responsibility of a lawyer. Competencies of professional direction (ПК) ПК2.4 Form own reasonable judgments based on the analysis of a known problem.
Learning outcomes: Learning outcomes (РН) PH1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation. РН 3. 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. РН 4. Make a presentation of your research on a legal topic, using primary sources and techniques of legal interpretation of complex complex problems arising from this research, argue the conclusions. РН 8. Assess the reliability of information and the reliability of sources, effectively process and use information for conducting scientific research and practical activities. РН 12. To conduct a comparative legal analysis of individual legal institutions of different legal systems, taking into account the relationship between the legal system of Ukraine and the legal systems of the Council of Europe and the European Union. РН 13. Analyze and evaluate the practice of application of individual legal institutions. РН 14. Justify the legal position at various stages of law enforcement. Results of training in a professional direction (ПС) ПС2.4. To carry out an analysis of joint processes in the context of the analyzed issues, to collect and analyze materials from different sources, to form own well-founded judgments. Knowledge (Зн) Зн1 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. Зн2 Critical understanding of problems in the field and on the border of the field of knowledge Skills/Abilities (Ум) Ум1 Specialized skills/problem-solving skills necessary for conducting research and/or carrying out innovative activities in order to develop new knowledge and procedures. Ум3 Ability to solve problems in new or unfamiliar environments in the presence of incomplete or limited information, taking into account aspects of social and ethical responsibility. Communication (K) K1 Clear and unambiguous presentation of one's own knowledge, conclusions and arguments to specialists and non-specialists, in particular, to persons who are studying K2 Use of foreign languages ??in professional activities. Autonomy and responsibility (AB) AB3 Ability to continue learning with a high degree of autonomy
Required prior and related subjects: Theory of state and law Civil law; Family law; Land law; Contract law; Procedural representation; Participation of a lawyer in the affairs of international institutions; Advocacy self-government.
Summary of the subject: The professional level of lawyers is largely determined by the ability to correctly interpret laws and other regulations, timely and correctly make legal decisions, legally and competently draft legal documents. These tasks should be solved throughout the learning process. Important in consolidating theoretical knowledge of the course "Оrganization of advocacy" and the formation of skills of independent professional activity and research skills is course work. Writing a term paper is provided by the curriculum and is one of the important forms of independent student work.
Опис: An important component of the training of highly qualified specialists in higher educational institutions is the scientific and research work of students, which includes learning the methods of organizing scientific and research work and working on scientific research under the guidance of teachers. One of the directions of research work, which is carried out within the educational process, is the preparation for writing, execution and defense of term papers, which are the main scientific works performed by students individually during their studies at a higher educational institution. Course work involves systematization, consolidation and expansion of theoretical knowledge, familiarization with methods developed by other researchers in the relevant field of legal science, substantiating the results of one's own research. This work is a natural summary of the student's theoretical, scientific and practical work during a certain period of study, therefore the process of writing a term paper is an important and responsible stage of training a legal specialist. Completion and defense of coursework involves: • in-depth study, systematization and consolidation of the theoretical knowledge of the discipline obtained during a specific period of study; • checking the student's ability to correctly determine the relevance of the chosen topic of the coursework, to identify and analyze scientific-theoretical and practical problems related to it, to make theoretical generalizations and conclusions and to provide recommendations for their solution; • developing skills of independent scientific work and mastering the methodology of scientific research, searching for scientific and theoretical sources and working with them; • control of the level of the student's knowledge of the discipline, the ability to concisely and clearly report the main problems and conclusions of the course work and defend them.
Assessment methods and criteria: Course work may not be admitted to the defense if: the work lacks at least one of the mandatory structural parts; the content of the work does not correspond to the chosen topic, or the presented material does not correspond to the topic or content of the work; invalid normative acts are used in the work; when revealing the facts of rewriting material from other sources without references; the work is written on a topic that is not included in the list of recommended topics and is not agreed with the supervisor. Defense of term papers is carried out in public, in accordance with the established schedule approved by the head of the department. The defense procedure involves a brief summary by the student of the main problems of the study and their possible solution, discussion of the main results. In preparation for the defense of the term paper, the student should first read the review of the supervisor of the term paper, which indicates both its advantages and disadvantages.
Критерії оцінювання результатів навчання: Assessment of the level of achievement of learning outcomes is carried out in view of the student’s ability to collect the necessary information, acquire knowledge that allows to reproduce facts, demonstrate the necessary knowledge and understanding of the essence and content of the main legal institutions and norms of economic law, understand their content and nature, the ability to apply knowledge in a new situations with variable conditions, distinguish legally significant facts and form reasonable legal conclusions, give an assessment, show advantages and disadvantages, make a general conclusion, show interest in the necessary information, form in him an idea of how to act and readiness to perform actions under guidance teacher and independently, to provide advice on possible ways to protect the rights and interests of clients in various legal situations, etc. When evaluating students' knowledge during current control, the following is taken into account: - the ability to differentiate, integrate and unify knowledge; - ability to apply rules, methods, principles in specific situations; - skills of correlation of causes and effects; - the ability to analyze and evaluate facts, events, phenomena and predict the desired results from the decisions made; - the ability to present a written answer grammatically and stylistically competently, logically, consistently using scientific terms of concepts (the last three criteria also apply to an oral answer).
Порядок та критерії виставляння балів та оцінок: Procedure and criteria for assigning points and grades Criteria for evaluating student knowledge and skills: Criteria for evaluating the student's knowledge and skills based on the results of studying the educational material of the component on a 100-point scale: 100–88 points – (“excellent”) 87–80 points – (“very good”) 79–71 points – (“good”) 70-61 points - ("mediocre") 60–50 points – (“satisfactory”) 25–00 points – (“unsatisfactory” with mandatory re-study)
Recommended books: 1. Andriyts'o V. D. Sudove dokazuvannya yak rozumovo-protsesual'na diyal'nist' u tsyvil'nomu sudochynstvi. Advokat. 2013. № 7. S. 13–22. 2. Arakelyan M. R. Advokatura Ukrayiny – instytut hromadyans'koho suspil'stva: pravova pryroda. Naukovi pratsi Natsional'noho universytetu «Odes'ka yurydychna akademiya». 2013. T. 11. S. 78–85. 3. Banchuk O. A. Pravova dopomoha: Zarubizhnyy dosvid ta propozytsiyi dlya Ukrayiny. Kyyiv : Fakt, 2004. 504 s. 4. Yelov V.A. Osnovy advokat•s'koyi etyky: posib. vykladacha. K. : Pretsedent, 2010. 132 s. 5. Zeykan Ya. P. Advokat: navychky vyd., ster. K. : KNT : Vyd. Lipkan O.S., 2011. 788 s. 6. Ibekiva Z. V. Diyal'nist' advokatury : monohrafiya. Kh. : FINN, 2011. 248 s. 7. Kucher T. M. Zastosuvannya lohichnykh modeley dovedennya advokatamy u tsyvil'nomu sudochynstvi Ukrayiny. Chasopys Kyyivs'koho universytetu prava. 2012. № 4. S. 175–179. 8. Matveyev P. Istoriya advokatury. Pravovyy status advokatury, advokats'ka diyal'nist'. Yurydychnyy zhurnal. 2013. № 1. S. 114–132. 9. Matvyeyev P. Porivnyal'nyy analiz Pravyl advokats'koyi etyky. Yurydychnyy zhurnal. 2013. № 3. S. 120–122. 10. Podolyaka A. M. Zakhyst prav i svobod hromadyan zasobamy advokatury. Forum prava : elektron. nauk. fakh. vyd. 2009. № 1. S. 429– 433.
Уніфікований додаток: Lviv Polytechnic National University ensures the realization of the rights of persons with special educational needs to obtain higher education. Inclusive educational services are provided by the "Without Limits" service of accessibility to learning opportunities, the purpose of which is to provide permanent individual support for the educational process of students with disabilities and chronic diseases. An important tool for the implementation of the inclusive educational policy at the University is the Program for improving the qualifications of scientific and pedagogical workers and educational and support staff in the field of social inclusion and inclusive education. Contact at: St. Karpinsky, 2/4, 1st floor, room 112 E-mail: nolimits@lpnu.ua Websites: https://lpnu.ua/nolimits https://lpnu.ua/integration
Академічна доброчесність: The policy regarding the academic integrity of the participants of the educational process is formed on the basis of compliance with the principles of academic integrity, taking into account the norms "Regulations on academic integrity at the Lviv Polytechnic National University" (approved by the academic council of the university on June 20, 2017, protocol №. 35).