Courses

 

Courses of the Chair of Comparative and European Law in english

EDUCATIONAL AND ACADEMIC PROGRAMME "INTERNATIONAL LAW" (ACADEMIC BLOCKS "EUROPEAN LAW", "EUROPEAN COMPETITION LAW")

EUROPEAN BUSINESS LAW

DOUBLE DIPLOMA PROGRAMME 

Bachelor programme

 

1st Year

 

Contemporary Legal Systems

The discipline covers a wide range of theoretical and practical bases of comparative law, the classification of legal systems in legal families with the aim of providing the student with a holistic vision of the legal system, an understanding of the processes of interaction and mutual influence of various elements of the legal system; facilitating the perception of the legal system of a particular country, taking into account its affiliation with a particular legal family.

The aim of the course is to provide students with basic knowledge about the legal world map, the placement of legal families in it, and thereby facilitating the perception of the legal system of a particular country, taking into account its affiliation with a particular legal family. The course is designed to cover the basics of comparative law, the classification of legal systems in legal families and is intended to reveal the particularities of certain groups of legal systems, united by certain features.

 

History of State and Law

This course has a specific doctrinal and methodological load associated with knowing of the world’s history and legal terminology. The course introduces students to the doctrine of the history of state and law-making, helps to understand the in-depth connections between modern forms of state and law and the historical forms of state and law in the ancient world. The significance of this course lies in fostering skills of analytical thinking, since it mainly uses an inductive method, the course concentrates significant scientific information obtained through empirical, historical, comparative and other research, as well as stimulates organizational and research skills in the field of jurisprudence.

 

History of Political and Legal Studies

The course provides the basic provisions of the masterpieces of the famous scientists on state development and politics at different stages, explores formation and development of law and powers as well as genesis and evolution of basic political institutions and concepts. This aims to focus on analyse the sources of law regarding the implementation of the basic principles and concepts of law and politics, in particular those adopted from ancients and medieval age; analyse of the masterpieces of famous philosophers, lawyers, scientists in the field of history of state, politics and law; as well as to master a legal and political terminology.

 

Theory of State and Law

This course seeks to provide general idea about state and law, basic concepts and categories of jurisprudence, main sources and forms of law, legal system and system of law, the main properties of legal relations.

The course gives an overview of the causes of state and law formation, forms and functions of state, sources and forms of law and different legal systems.

 

Roman Law

The Course introduces students to the basic concepts and categories of state studies and jurisprudence, which were formulated in the Roman state and reciprocated by the majority of countries in the continental legal family. The main task is to study the basic provisions of the organization of the Roman state at different stages of its development, the development and formation of Roman law, the evolution of basic legal institutions, the development of the ability to apply the obtained basic knowledge for the study of special courses in the future; to analyse the sources of Ukrainian law regarding the implementation of the basic principles and concepts of Roman law; to carry out an analysis of the works of lawyers, philosophers and scientists of Rome; to have the Latin terminology sufficient to use it freely in practical work.

 

Comparative Municipal Law

This course is aimed at familiarizing with the legal basics of establishment and principles of activity of the municipal bodies, general laws of the emergence, development and functioning of the organs of local self-government.

The course is devoted to the theoretical and methodological foundations of comparative municipal law and the experience of international and European organizations of local self-government.

 

Comparative Constitutional Law

The course "Comparative Constitutional Law" adapted to the needs of the profession has a significant ideological and methodological loading, introduces students to the legal status of persons in different legal systems, constitutional recognition of fundamental rights and freedoms of human and citizen, means of acquisition and termination of citizenship; with political rights of a citizen; state-building mechanism of the highest state authorities in foreign countries and in Ukraine, order of their formation, competence and interaction.

 

2nd Year

 

Comparative Administrative Law and Process

The Course introduces students to the theoretical and practical aspects of the modern administrative law and procedure genesis, paying particular attention to the development of the main international systems of administrative law, for example, of foreign countries. Special focus is made on the comparative aspect of the functioning of various institutes of administrative law and administrative courts in different legal systems.

 

Judicial Systems and Comparative Judicial Law

The discipline covers a wide range of theoretical and practical foundations of the construction of judicial systems of countries of the world, the notion of jurisdiction, the distinction between civil and criminal jurisdiction, discipline involves studying the construction of courts of various instances. The discipline is not limited to the study of the regions of the countries, but the minimum comparative analysis is devoted to the study of countries such as Great Britain, France, Germany, Italy, Spain, the United States, Turkey, Japan, Australia, Canada, Ukraine.

The subject of studying the discipline is the mechanism of judicial protection of the constitutionally enshrined rights and freedoms of man and citizen; interaction of subjects of the trial process; organization of judicial process and pre-trial investigation; Consideration and analysis of court systems from different countries of the world.

 

Comparative Labour and Social Law

The course concentrates on main theoretical concepts and institutions of labour and social law, legislative peculiarities of different states in these spheres, modern trends in the development of labour and social law, ways of applying universal and European labour and social standards in national legislation. In particular, it provides a comprehensive, critical analysis of the main international legal documents adopted at the international universal and regional levels, in particular the conventions of the International Labour Organization, the Council of Europe, documents of the European Union, analyze current problems, trends in the development of labour and social law, prospects for improving and reforming national labour and social law.

 

Comparative Criminal Law and Process

The course explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage, including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect. This covers all of the world's major legal systems – common and civil, including Islamic law traditions, with essays on countries such as France, Germany, Ukraine, United Kingdom, United States. The places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered.

 

European Union Law

The main objectives of the course are to give the basic understanding of the European Union, its functioning and relations with third countries. Furthermore it aims to equip students with knowledge of EU-Ukraine Association Agreement, its current state of implementation and law approximation, which is at the heart of it.

The main objective of the course is to study and comprehend objectives, structure and essential elements of the EU-Ukraine Association Agreement (AA), to provide an overview of the EU external competence, EU-Ukraine AA and its place within the EU acquis and Ukrainian legal system.

 

 

Master’s Programmes

 

Educational Programme “European Business Law”, M.Sc.

 

1st Year

 

EU Economic Law

This course examines the key elements of the EU Internal Market Law, the legal aspects of the law governing the free movement of goods, persons, services and capital within the EU. The course gives an overview of the principles of the EU Law. A general perspective will be complemented by an analysis of the most important cases of the ECJ on these areas and other issues of European economic governance

 

Comparative and International Tax Law

The course will examine EU Taxation Law from international and comparative perspectives.  This course will outline the broad features of the VAT and excise duties and will compare` their implementation on the EU member states level. Certain aspects of some other countries’ tax regimes will also be briefly considered.  Similarities and differences between the various tax regimes will be discussed and analysed. In addition, special attention will be devoted to analysis of several important tax related cases of the ECJ as well as brief overview of some double taxation avoidance agreements.

 

Settlement of International Disputes

The course provides a comprehensive, critical analysis of the international legal mechanisms for resolving disputes. In particular, it provides a review of the basic principles of the UN system of peaceful dispute settlement, including legal protection in the International Court of Justice, dispute settlement options of the International of the Law of the Sea Convention, structure, jurisdiction and individual procedures of the European Court of Justice and functions, objectives and key features of the WTO dispute settlement system.

 

EU Labour & Social Law

The aim of this course is to examine theoretical and practical aspects of social policy and employment policy of the European Union, including  the origin and evolution of European social and labor law, the creation of the concept of social policy, basic principles, standards and sources of European social and labour law.  The special attention is paid to the review and analysis of the basic documents in social, employment and labour EU law spheres and the case-law of the Court of Justice of the EU.

 

EU Competition Law

The course concentrates on the foundations for the system of rules, consisting of Articles 101 and 102 of the EU Treaty (anticompetitive behaviour & exemption from prohibitions, abuse of dominant position), Merger Regulation & State aid rules, which together are enforced in order to ensure that ‘effective competition’ prevails in EU market. These legal sources regulate much business activity using a complex balancing test to determine whether such activity is lawful competition or unlawful anti-competitive conduct. The course offers an economic perspective on these legal rules. It also offers a comparative perspective, frequently referring to the way antitrust law in the USA deals with similar problems. It looks at the application of the competition rules in certain contexts and sectors: “public undertakings”, state aids, information technology. It places a particular emphasis on the relationship between EU competition law and intellectual property rights.

 

Business Transactions and International Sale of Goods

The aim of this course is to examine the legal rules of International Sale of Goods taking into account the underlying economic principles and wider policy issues. The course concentrates on the foundations for the system of rules of lexmercatoria, the legal regime of CISG & its judicial practice. The course offers an economic perspective on these legal rules. It also offers a comparative perspective, frequently referring to the way of civil law & common law deals with similar problems.

 

International Corporate & Investment Law

The Course provides the analyses both of the European Union and Ukrainian legislation of business activity aspects.

 

European Company Law

This course considers in depth two main underlying issues: 1) what the company law really is and 2) what is the regulation applicable to the company in the framework of EU law. Student will learn about separate legal personality and the ways it affects business, they will get acquainted with the principal corporate constituencies and discover the underlying conflicts that the corporate law mitigates. They will also personalise themselves with the law of companies in the European Union, see how companies use European law for their benefit as well as study the mechanics of mergers and acquisitions within the EU.

 

EU Banking & Financial Instruments

This course serves an introduction to the world of finance and its regulation. Students will be able to learn the basics of financial law and instruments, learn what are the best ways to finance the deal or raise financing through public and how the state should be regulating financial markets. Although the course is designed for the lawyers it will give a glimpse on underlying economic concepts and introduce the basic conflicts that may arise between the market players and state regulator.

 

Legal writing & practice on European Databases

The course provides templates of contemporary methods of translation of legal documents. It offers the interpretation of the legal position, analysis of all the relevant legislation and gives commentary on the relevant case law. Moreover students will receive practical knowledge of European databases & its possibilities for practical work.

For example, on Eur-Lex users can access documents in the official EU languages. Language coverage depends on the date of the accession of a country to the EU. All EU law in force on the date of the accession of a new Member State is available in the language of the acceding country as are all documents adopted after this date. Documents repealed or expired before the date of accession are not available in the language of the acceding country.

 

Methodology of European Law Research

This course aims to provide with an up to date understanding of Legal Reserch Methods in a Modern World, overview of division of "sources-of-law" in different areas, comparison between Common Law and Civil Law thinking.

The course will look not only at the historical developments of the Legal Doctrine as a Hermeneutic and an Empirical Discipline; also as a Logical and a Normative Discipline; and also look at the Empirical Data Used in Legal Doctrine, Wording and Checking Research Hypotheses, Theory Building in Legal Doctrine. The learning process will include major purposes of Comparative legal studies, a basic working-plan for a comparative law method and a civil Law method

 

2nd Year

 

Public Procurement & State Aid regulation in the EU

This course aims to provide an up to date understanding of the EU procurement regime in the public sector and in the various other special procurement regimes under EU law. The course will look at the effects of these regimes and their underlying policies at the wider context. This course designed to expand knowledge and understanding of EU procurement law and state aid regulation, it is suitable for students in private practice or in the public sector, in house legal advisers and officials dealing with practice or policy in the procurement field.

Legal Case Studies on Current Issues of EU Law

The discipline provides a deepening of students’ knowledge of European law and an advanced education in practical case-solving. It focuses on those elements and structures of the law of the European Union, which are fundamental for the understanding of the Union and for the work as a lawyer. It deals in particular with the basic concepts and the implementation and enforcement of European Union law, with the competences and institutions of the Union, the protection of fundamental rights in Union law and the economic fundamental freedoms of the Union's citizens. The cases focused on implementation of EU Law in member states, exterritorial application of EU Law & EU sanction law.

 

Legal regulation of the EU Common Commercial Policy

The course introduces students to the doctrine, as well as law making and decision-making process of European CCP, helps to understand the in-depth connections between modern legal instruments and the historical development of legal norms of EU CCP. The CCP is viewed as one of the EU’s common activities, aimed at the regulation of its international trade (in goods, services and the commercial aspects of intellectual property) by conclusion of the international agreements and application of the common customs tariff and other measures of trade protection.

 

Educational Programme “International Trade Regulation”, M.Sc.

 

EU Economic Law

This course examines the key elements of the EU Internal Market Law, the legal aspects of the law governing the free movement of goods, persons, services and capital within the EU. The course gives an overview of the principles of the EU Law. A general perspective will be complemented by an analysis of the most important cases of the ECJ on these areas and other issues of European economic governance

Competition Law & International Trade

The course provides a deepening and expanding of the practical knowledge of legal regulation of international trade due to competition rules. The course is based on deep analysis of the legal regulation of anticompetitive agreements, cartel practices, abuse of dominant position and regulation of state aid. Special attention is paid to the analysis of legal regulation of transnational mergers & acquisitions.