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Criminal Legal Coercion in Criminal Proceedings
Major: Law
Code of subject: 7.081.01.E.029
Credits: 5.00
Department: International and Criminal Law Department
Lecturer: As.Professor Huzela Mykhailo Vasyljovych
Semester: 2 семестр
Mode of study: денна
Завдання: The study of an educational discipline involves the formation of competences in the students of education.
Integral competence (INT). The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (CG).
ZKZ Ability to search, process and analyze information from various sources.
ZK7. Ability to make informed decisions.
ZK10. Ability to develop projects and manage.
Special (professional, subject) competences (SK).
SK6 The ability to substantiate and motivate legal decisions, to give detailed legal arguments.
SK10. 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.
SK15. 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 (PC)
PC3.1. The ability to understand the specifics of investigative (search) and other procedural actions.
Learning outcomes: RN 1. Assess the nature and character of social processes and phenomena, and demonstrate understanding of the limits and mechanisms of their legal regulation.
RN 3. 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.
RN 14.. Take a productive part in the development of projects of regulatory and legal acts, justify the social conditionality of their adoption, forecast the results of their impact on relevant social relations.
PS3.1. Know the scope of rights and obligations of participants in the process of proof, investigative (search) and other procedural actions.
Required prior and related subjects: Workshop on drafting procedural documents;
Actual problems of criminal law and process (judicial practice);
Criminal proceedings of Ukraine
Summary of the subject: The discipline is based on the rules of procedural law, the practice of its application and science. It studies the current procedural legislation, investigative activities and procedural legal relations, the theory and history of investigative activities, the entire investigation process during the application of criminal proceedings, current issues of theory and practice of criminal proceedings (including precautionary measures), the effectiveness of procedural forms and procedural guarantees during this, the peculiarities of the status of individual subjects of criminal proceedings, the problems of human rights and freedoms in the application of ZZKP, proposals and recommendations for improving procedural law and practice in its application.
Опис: 1. Concept, essence and tasks of criminal proceedings.
2. Legal provision of criminal proceedings
3. Conducting separate investigative (search) actions.
4. Notification of suspicion.
5. The essence and classification of measures to ensure criminal proceedings.
6. Preventive measures: concepts, types and classification
7. Detention and selection of preventive measures for certain categories of persons
Assessment methods and criteria: Methods of diagnosing learning success, forms of measuring the level of knowledge acquisition in the discipline are
- oral examination in practical (seminar) classes;
- presentation at practical (seminar) classes (with an abstract, report, discussion, etc.);
- testing students' knowledge on the relevant topic of the lecture course;
- written test (answers to the questions of the lecture course, solving practical problems (cases), test tasks, etc.);
- protection of an individual written task;
- homework,
- form of final control: credit is differentiated.
Criteria for evaluating student learning outcomes. Current control (40 points). Means of current control are: oral examination, performance of test heads
Критерії оцінювання результатів навчання: Мeans of knowledge diagnosis (study success) are: conducting preliminary, current and final control of students' knowledge.
Preliminary control is a diagnosis of the input level of knowledge, which makes it possible to determine the existing level of knowledge of education seekers at the beginning of studying a discipline or at the beginning of studying a specific topic. A form of preliminary control is input control of knowledge. It is held at the 1st seminar session in order to assess the residual knowledge of students, obtained during the study of the cycle of disciplines at previous levels of education. Preliminary control in the form of verification and assessment of residual knowledge is also carried out after some time at the beginning of the next seminar session. The input control of knowledge is carried out in the form of written work on the definition of certain concepts, categories or procedural and legal phenomena within 10-15 minutes at the beginning of the class.
The evaluation of the input control of students' knowledge is included in the evaluation for a seminar or practical session.
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 "Practice on drafting procedural documents".
Assessment of the knowledge of students based on the data of current knowledge control is carried out by monitoring the activity of work during the study of the program material of the discipline "Practice on drafting procedural documents", including answers at seminar classes, preparation of reports, messages and analytical materials, etc.;
Current monitoring of seminar classes is carried out with the aim of clarifying the readiness of education seekers for classes in the following forms:
- frontal standardized oral survey of education seekers on the main issues of the seminar;
- frontal check of homework; challenging individual students of education to independently solve practical tasks or situations;
- blitz - a survey, which is either a continuous survey of all present education seekers or a selective survey of a part of those present. Questions on the topic (several topics) that were prepared for the seminar require a clear, short answer. In a blitz survey, everyone has the right to answer only once;
- other.
The independent and individual work of education seekers involves a purposeful search for effective ways of studying the discipline "Practice on drafting procedural documents", a conscious attitude and consistency in work, the ability to use the available literature and regulatory framework, and plan one's own work.
The final control of the level of knowledge of the students of education is the examination (different credit). According to the specifics of the discipline, the tasks of the student's final work include:
- test tasks of various levels of complexity, drawing up a procedural document
- a theoretical question of a normative or problematic nature.
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: Yanovska OG Features of criminal implementation under the new Criminal Procedure Code of Ukraine. URL: http://kul.kiev.ua/images/chasop.
Century AV Electronic criminal proceedings: dissertation for science. degree doc. jurid. Science. Kyiv, 2018. 648 p. URL: https://dduvs.in.ua.
Shevchishen AV The prosecution in the pre-trial investigation of corruption crimes in the field of official activities and professional activities related to the provision of public services: theory and practice: a monograph. K .: Alerta, 2019. 536 s.
Criminal procedure of Ukraine: textbook. manual / Ortynsky VL, Humin OM, Kantsir VS, Guzela MV… - Lviv: Lviv Polytechnic Publishing House, 2020. - 444 p.
Кримінальний процес: навчальний посібник (Ортинський В.Л. Канцір В.С., Гузела М.В. та ін.)– Львів: Вид-во Львівської політехніки, 2020. 444 с.
Правовий статус прокурора в кримінальному процесі: проблеми теорії і практики (Ортинський В.Л., Канцір В.С., Марисюк К.Б., Гузела М.В., Шульган І.І.) Львів: Вид-во «СПОЛОМ», 2022. 216 с.
Новели Кримінального процесуального кодексу України 2019 року: Збірник статей. К.: Істина, 2019. 128 с.
Аленін Ю.П., В.Г. Пожар, О.О. Торбас. [електронний ресурс] Одеса, 2020. 79 с. URL:http://dspace.onua.edu.ua/bitstream/handle/11300/12564/2020
Zinkovsky IP Powers of the investigator in the election, change and cancellation of measures to ensure criminal proceedings. Dis. Нд cand jur. Science: 12.00.09. - Odessa, 2020. URL: https://hdl.handle.net/11300/12271
Sukhov Yu., Chistyakova A. Precautionary measure in criminal proceedings: the nuances of the selection and evaluation of evidence by the investigating judge // Yuridichna Gazeta, August 9, 2021. URL: https://yur-gazeta.com/publications/practice/kriminalne-pravo-ta -proces / zapobizhniy-zahid-u-kriminalnomu-provadzhenni-nyuansi-obrannya-ta-ocinki-dokaziv-slidchim-suddeyu.html
Guzela M. Criminal procedural coercion in criminal proceedings. Course of lectures. - Lviv, 2021: Lviv Polytechnic Publishing House. - 92 p.
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