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Actual Problems of Business Law and Process (Judicial Practice)
Major: Law
Code of subject: 7.081.01.E.022
Credits: 4.00
Department: Civil Law and Procedure
Lecturer: О. Bayik
Semester: 2 семестр
Mode of study: денна
Завдання: The study of an educational discipline involves the formation of education seekers competencies:
Integral competence (ІНТ):
The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (ЗК):
ЗК1. Ability to abstract thinking, analysis and synthesis.
ЗК2. Ability to conduct research at an appropriate level.
ЗК4. Ability to adapt and act in a new situation.
ЗК6. Ability to generate new ideas (creativity).
ЗК7. Ability to make informed decisions.
ЗК8. Ability to communicate with representatives of other professional groups at different levels (with experts from other fields of knowledge/types of economic activity).
Special (professional subject) competences (СК):
СК2 Ability to analyze and evaluate the impact of the legal system of the European Union on the legal system of Ukraine.
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.
СК4. The ability to assess the interaction of international law and international legal systems with the legal system of Ukraine.
СК5. The ability to use modern legal doctrines and principles in law-making and in the process of applying institutions of public and private law, as well as criminal justice.
СК6 The ability to substantiate and motivate legal decisions, to give detailed legal arguments.
СК7. Ability to apply knowledge and understanding of the basic principles (principles) and procedures of the judiciary in Ukraine.
СК8. Ability to use mediation and other legal tools of alternative out-of-court proceedings and resolution of legal disputes.
СК9. The ability to apply an interdisciplinary approach in the assessment of legal phenomena and law enforcement activities.
СК10. 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.
СК12. Ability to establish ethical standards of legal activity, standards of professional independence and responsibility of a lawyer.
СК13. 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.
СК14. 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.
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):
PC2.2. The ability to understand current current problems of economic law and process, to systematically analyze judicial practice in this area.
Learning outcomes: As a result of studying the academic discipline, the student must be able to demonstrate the following 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.
PH3. Conduct collection, integrated analysis and summarization of materials from various sources, including scientific and professional literature, databases, digital, statistical, test, and others, and check them for reliability using modern research methods.
PH5. Discuss complex legal problems, propose and substantiate options for their solution.
PH6. Assess the reliability of information and the reliability of sources, effectively process or use information for conducting scientific research and practical activities.
PH8. To analyze the interaction of international law and international legal systems with the legal system of Ukraine based on the awareness of the main modern legal doctrines, values and principles of the functioning of law.
PH9. Use advanced knowledge and methods in the process of law-making and law enforcement of institutions of public and private law and criminal justice.
PH11. Analyze and evaluate the practice of application of individual legal institutions.
PH13. Have practical skills in solving problems related to the implementation of procedural functions of law enforcement entities.
PH15. Integrate the necessary knowledge and solve complex law enforcement tasks in various areas of professional activity.
Results of training in professional direction (ПС):
ПС2.2. The ability to solve current problems of economic law and process, taking into account the peculiarities of judicial practice in this area.
Communication (К):
К2. Reasonably formulate one's legal position, be able to oppose, evaluate evidence and present convincing arguments.
Required prior and related subjects: Previous academic disciplines
Actual problems of labor law of Ukraine
Actual problems of civil law and process (jurisprudence)
Associated and subsequent academic disciplines
Organization of a lawyer's case
Bar self-government
Procedural representation
Bar of foreign countries
Contract law
Summary of the subject: "Actual problems of economic law and process (judicial practice)" is an educational discipline that orients students to an in-depth study of the study of current problematic issues of economic and economic procedural law, acquiring practical skills in working with regulatory and legal acts that regulate a group of social relations in the field of economy and protection of rights in economic proceedings, conclusion and enforcement of economic contracts, economic and economic-procedural responsibility, mechanisms of protection of rights and interests of business entities; mastering the rules of interpretation of economic and legal norms. The study of the discipline will allow students to form a complete and objective idea of the current problems of economic law and process, taking into account the provisions of existing judicial practice in this field of relations. Within the educational discipline "Actual problems of economic law and process (judicial practice)" students' knowledge of existing problems is formed: legal regulation of relations in the sphere of economy; legal status of subjects of economic legal relations; legal provision of the property base of the business; legal regulation of economic and contractual activity; antimonopoly and competition regulation of economic activity; economic activity of a natural person-entrepreneur and functioning of commercial legal entities; economic and legal responsibility; legal regulation in certain branches of economy; protection of the rights and interests of economic entities in a pre-trial procedure; subordination and jurisdiction of cases to commercial courts; activities of participants in the economic process; proof in the economic process; judicial practice in ensuring certain provisions of economic legislation; reforming domestic economic and economic procedural legislation in the conditions of European integration.
Deep assimilation by students of the main provisions of this educational discipline, using judicial practice in the field of economic law and process, is a necessary condition for the formation of qualified specialists, in particular, future lawyers, legal advisers, etc.
Опис: Topic 1. Problems of legal regulation of business relations. Problematic aspects of the legal status of subjects of economic legal relations.
Topic 2. Problems of legal provision of the property basis of management. Problematic issues of legal regulation of economic and contractual activity.
Topic 3. Problems of antimonopoly and competition regulation of economic activity. Problematic issues of economic activity of individual entrepreneurs and functioning of commercial legal entities.
Topic 4. Problems of economic and legal responsibility. Actual issues of legal regulation in certain branches of economy.
Topic 5. Problematic issues regarding the protection of the rights and interests of economic entities in the pre-trial procedure. Problems of subordination and jurisdiction of cases to commercial courts.
Topic 6. Problems of activity of participants in the economic process. Problematic aspects of proof in the economic process.
Topic 7. The practice of applying the Economic Procedural Code of Ukraine (based on the materials of the Supreme Court). Problematic aspects of reforming domestic economic and economic procedural legislation in the conditions of European integration.
Assessment methods and criteria: 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 fundamental branches of law, understand their content and nature, the ability to apply knowledge in a new situation with changing conditions, distinguish legally significant facts and form reasonable legal conclusions, give an assessment, show advantages and disadvantages, make a general conclusion, reveal interest in the necessary information, form in him an idea of how to act and readiness to perform actions under under the guidance of the teacher and independently, to provide advice on possible ways to protect the rights and interests of clients in various legal situations, etc.
The current control of knowledge is an organic part of the entire educational process and serves as a means of identifying the degree of perception (assimilation) of the educational material from the discipline "Actual problems of economic law and process (judicial practice)". Assessment of students' knowledge based on current control data is carried out by monitoring work activity during the study of subject material, including answers in practical classes, preparation of essays, reports and analytical materials, etc. The current control is carried out in order to find out the readiness of students for classes through a frontal survey, a selective oral survey on the main issues of the discourse; frontal verification of the performance of individual tasks; challenging individual students to independently solve practical tasks or situations, etc.
Assessment of the achievement of the specified learning outcomes by the teacher is carried out using the methods of frontal survey, selective oral survey; presentations at practical classes, performance of individual tasks (drafting of legal documents, preparation of an abstract), assessment of activity (introduced proposals, original decisions, clarifications and definitions, etc.).
Activating mental activity and testing the ability to apply acquired knowledge in various legal situations, distinguish legally significant facts and form reasonable legal conclusions is carried out by setting tasks that focus the student's attention on important points of the material, offering simulation exercises (tasks) that explain the provisions in more depth lectures Simulation exercises should be simple and not require long thinking for their solution.
The results of mastering the theoretical provisions of the discipline "Actual problems of economic law and process (judicial practice)" and acquiring the skills of their practical application are checked by analyzing three types of individual practical tasks prepared by students, related to the legal regulation of economic legal relations and drafting the necessary documents for effective settlement of economic and legal disputes.
Individual tasks for independent work of students from the discipline "Actual problems of economic law and process (judicial practice)" also include writing essays on a given topic, creative scientific work and preparation of a publication in the direction of the discipline "Actual problems of economic law and process (judicial practice)" in specialized publications of Ukraine, scientific publications that are included in international scientometric databases, reports at scientific events (conferences, symposia, seminars) with the publication of materials, theses and individual practical tasks.
The form of semester control of the student's learning results from the academic discipline "Actual problems of economic law and process (judicial practice)" for the semester is credit control, which is carried out in the form of credit according to the cumulative system in the terms provided by the schedule of the educational process (for full-time students) and credit (written and oral components) (for correspondence students).
The credit for the academic discipline "Actual problems of economic law and process (judicial practice)" is conducted by a lecturer with the possible participation of an assistant or other teacher who conducted practical classes in the discipline.
Критерії оцінювання результатів навчання: In practical classes, the teacher assesses the quality of acquired knowledge and the achievement of learning outcomes by conducting an oral and face-to-face survey of students, a selective oral survey in order to clarify the theoretical preparation of students. During the oral examination, the teacher assesses: the student's level of assimilation of the educational material, the ability to use theoretical knowledge when performing practical tasks; reasonableness of judgments and logical presentation of information, reasonableness of conclusions; complete disclosure of the topic; list of processed sources.
The form of semester control of the student's study results in the academic discipline "Actual problems of economic law and process (judicial practice)" for the semester is credit control, which is conducted in the form of credit according to the cumulative system in the terms provided by the schedule of the educational process (for full-time students).
Criteria for evaluating the learning outcomes of education seekers
The maximum score is 100 points
Current control (PC):
- oral survey in practical classes - 75 points;
- performance of individual tasks - 25 points;
Total for the discipline - 100 points.
Порядок та критерії виставляння балів та оцінок: 100-88 points - certified with an “excellent” grade - High level: the student demonstrates an in-depth mastery of the conceptual and categorical apparatus of the discipline, systematic knowledge, skills and abilities of their practical application. The mastered knowledge, skills and abilities provide the ability to independently formulate goals and organize learning activities, search and find solutions in non-standard, atypical educational and professional situations. The applicant demonstrates the ability to make generalizations based on critical analysis of factual material, ideas, theories and concepts, to formulate conclusions based on them. His/her activity is based on interest and motivation for self-development, continuous professional development, independent research activities, implemented with the support and guidance of the teacher. 87-71 points - certified with a grade of “good” - Sufficient level: involves mastery of the conceptual and categorical apparatus of the discipline at an advanced level, conscious use of knowledge, skills and abilities to reveal the essence of the issue. Possession of a partially structured set of knowledge provides the ability to apply it in familiar educational and professional situations. Aware of the specifics of tasks and learning situations, the student demonstrates the ability to search for and choose their solution according to the given sample, to argue for the use of a particular method of solving the problem. Their activities are based on interest and motivation for self-development and continuous professional development. 70-50 points - certified with a grade of “satisfactory” - Satisfactory level: outlines the mastery of the conceptual and categorical apparatus of the discipline at the average level, partial awareness of educational and professional tasks, problems and situations, knowledge of ways to solve typical problems and tasks. The applicant demonstrates an average level of skills and abilities to apply knowledge in practice, and solving problems requires assistance, support from a model. The basis of learning activities is situational and heuristic, dominated by motives of duty, unconscious use of opportunities for self-development. 49-00 points - certified with a grade of “unsatisfactory” - Unsatisfactory level: indicates an elementary mastery of the conceptual and categorical apparatus of the discipline, a general understanding of the content of the educational material, partial use of knowledge, skills and abilities. The basis of learning activities is situational and pragmatic interest.
Recommended books: Basic
1. Constitution of Ukraine dated June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. №. 30. Art. 141.
2. Economic Code of Ukraine dated January 16, 2003 No. 436-IV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2003. №. 18. Art. 144.
3. Economic Procedure Code of Ukraine dated November 6, 1991 No. 1798-XII (as amended pursuant to Law No. 2234-VIII dated December 7, 2017). Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon2.rada.gov.ua/laws/show/1798-12.
4. Code of Ukraine on Bankruptcy Procedures dated October 21, 2019 No. 2957-VIII (as amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2019. №. 19. Art. 74.
5. On copyright and related rights: Law of Ukraine dated December 1, 2022 №. 2811-IX (as amended and supplemented). URL: https://zakon.rada.gov.ua/laws/show/2811-20#n855.
6. About the Antimonopoly Committee of Ukraine: Law of Ukraine dated November 26, 1993 №. 3659-XII (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1993. No. 50. Art. 472.
7. On banks and banking activity: Law of Ukraine dated 07.12.2000 No. 2121-III (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2001. №. 5-6. Art. 30.
8. On business partnerships: Law of Ukraine dated September 19, 1991 No. 1576-XII (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1991. No. 49. Art. 682 (The Law has become invalid in the part concerning limited liability companies and companies with additional liability on the basis of Law №. 2275-VIII dated 06.02.2018).
9. On state aid to business entities: Law of Ukraine dated July 1, 2014 No. 1555-VII (as amended and supplemented). URL: https://zakon.rada.gov.ua/laws/show/1555-18#Text.
10. On state registration of legal entities, individual entrepreneurs and public organizations: Law of Ukraine dated 05.15.2003 No. 755-IV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2003. No. 31-32. Art. 263.
11. On the principles of state regulatory policy in the field of economic activity: Law of Ukraine dated September 11, 2003 №. 1160-IV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2004. № 9. Art. 79.
12. On protection against unfair competition: Law of Ukraine dated June 7, 1996
No. 236/96-VR (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1996. №. 36. Art. 164.
13. On the protection of economic competition: Law of Ukraine dated January 11, 2001 No. 2210-III (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2001. №. 12. Art. 64.
14. On the protection of foreign investments in Ukraine: Law of Ukraine dated September 10, 1991
№. 1540а-ХП (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1991. №. 46. Art. 616.
15. On foreign economic activity: Law of Ukraine dated April 16, 1991 No. 959-XII (amended and supplemented). Information of the Verkhovna Rada of the Ukrainian SSR. 1991. №. 29. Art. 377.
16. On investment activity: Law of Ukraine dated September 18, 1991 No. 1560-XII (as amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1991. №. 47. Art. 646.
17. On licensing of types of economic activity: Law of Ukraine dated March 2, 2015 № 2228-VIII (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2015. № 23. Art. 158.
18. On international treaties of Ukraine: Law of Ukraine dated 29.06.2004 №. 1906-IV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2004. №. 50. Art. 540.
19. On local self-government in Ukraine: Law of Ukraine dated May 21, 1997 №. 280/97-VR (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1997. №. 24. Art. 170.
20. About the National Bank of Ukraine: Law of Ukraine dated May 20, 1999 №. 679-XIV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1999.№. 29. Art. 238.
21. On the basic principles of state supervision (control) in the field of economic activity: Law of Ukraine dated 04.05.2007 №. 877-V (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2007. №. 29. Art. 389.
22. On protection of rights to inventions and utility models: Law of Ukraine dated 15.12.1993
№ 3687-XII (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1994. No. 7. Art. 32.
23. On protection of rights to industrial designs: Law of Ukraine dated 15.12. 1993 №. 3688-XII (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1994. №. 7. Art. 34.
24. On protection of rights to signs for goods and services: Law of Ukraine dated 12.15.1993
№ 3689-XII (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1994. №. 7. Art. 36.
25. On natural monopolies: Law of Ukraine dated April 20, 2000 No. 1682-III (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2000. №. 30. Art. 238.
26. On the regime of foreign investment: Law of Ukraine dated March 19, 1996 №. 93/96-VR (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 1996. № 19. Art. 80.
27. On stimulating the development of the digital economy in Ukraine: Law of Ukraine dated July 15, 2021 №. 1667-IX (amended and supplemented). URL: https://zakon.rada.gov.ua/laws/show/1667-20#Text.
28. On limited and additional liability companies: Law of Ukraine dated February 6, 2018 No. 2275-VIII (as amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2018. №. 13. Art. 69.
29. Civil Code of Ukraine dated January 16, 2003 No. 435-IV (amended and supplemented). Information of the Verkhovna Rada of Ukraine. 2003. №. 40- 44. Art. 356.
Auxiliary
30. Actual problems of economic law (Special part): textbook / edited by V. S. Shcherbyna, V. V. Reznikova. Kyiv: Lira-K Publishing House, 2018. 672 p.
31. Baik O. I. Actual issues of protection of rights and legitimate interests of business entities and consumers. Protection of the rights and freedoms of a person and a citizen in the conditions of the formation of a legal state: a collection of theses of the 10th All-Ukrainian Scientific and Practical Conference (Lviv, June 4, 2021). 2021. C. 73–75.
32. Baik O. I. Commercial law. Special part: education. manual. Lviv: Rastr-7, 2022. 200 p.
33. Baik O.I. On the issue of improper use of the business reputation of a business entity in Ukraine. Journal of East European Law. 2021. № 94. P. 9–15.
34. O. I. Baik. Relocation of economic entities in the conditions of martial law in Ukraine: legal and practical aspects. Legal scientific electronic journal. 2022. №. 9. P. 216–219.
35. Economic activity and the latest technologies: current problems of regulation in the conditions of martial law / edited by O. O. Dmytryk, K. O. Tokareva. Kharkiv: Research Institute of Law. security innovator of development of the National Academy of Sciences of Ukraine, 2022. 195 p.
36. Commercial law. General part: textbook / O. I. Baik, Z. A. Dobosh, I. I. Komarnytska, N. M. Pavlyuk, M. I. Tarnavska; under the editorship O. I. Baik. Lviv: Educational and Scientific Institute of Law, Psychology and Innovative Education of the Lviv Polytechnic National University, 2022. 312 p.
37. Shvidka T. I. Legislative regulation of public procurement: academic. manual; National law University named after Yaroslav the Wise. 3rd ed., revised. and added Kharkiv: Pravo, 2023. 188 p.
Information resources
Verkhovna Rada of Ukraine. Official website of the Parliament of Ukraine. URL: http://rada.gov.ua.
Judicial power of Ukraine. URL: https://court.gov.ua.
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