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GENERAL LAW » National Academy Management


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GENERAL LAW

GENERAL LAW

LEGAL DEONTOLOGY

Judicial intelligence formation. Legal practitioner: history of the profession in its development. Basic features of legal practice. Place of legal practice among other professions and activities. Respect for law. Legal culture in the profession of lawyer. Formation and development of legal professionalism. Moral and ethical qualities of legal practitioner. Legal competence formation for legal practice.

THEORY OF STATE AND LAW

Origins of state and law, preconditions for their origin and development. Theories of the origins of state and law. Notions of state and law, their essence and system-structural characteristics. Research methodology for the state legal phenomena. General legal notions and categories. Concepts of the state and law origins. Notion of state, its characteristic features. Forms of state and government. Objective laws of state upbuilding. Correlation between state and civil society. Functions of state: the notion of state function, their classification and categories, their subjects and objects. Goals, tasks and instruments of state activity. Internal functions of state: economic, political, social, cultural, ecological. Legislative, executive and judicial functions of state. Structure of law and legislation. Branches of law in Ukraine. Sources of law: legislative acts (acts of law) and subordinate legislation. Law-making and law enforcement. Interpretation of rules of law. Role and meaning of legality and legal order in legal and political systems. Systematization of law: legislative incorporation and codification of laws.

HISTORY OF LEGAL THOUGHT

Major stages in the historic process of public knowledge formation and development about state and law. Historic process of knowledge accumulation from the ancient times and to the present in the field of state and law: general theoretic knowledge, state and legal knowledge, civil and criminal law etc. Periodization in the system of legal knowledge: slavery period, feudal period, bourgeois period, socialistic period, post-capitalist and post-socialistic periods. National peculiarities of legal knowledge systems. Peculiar features of political and legal theories and thoughts in various countries of the world. Specific features of the Ukrainian legal thought formation.

JUDICIAL AND LAW ENFORCEMENT AUTHORITIES IN UKRAINE

Notion and essence of justice, its goals and tasks. Organization, status, order of formation and major functions of the Ministry of Justice, prosecution and bar, Ministry of Internal Affairs, security services and other authorized bodies; their role in maintenance of state and public activity in Ukraine. Legal framework for the formation and structuring of judicial and law enforcement authorities. Interpreting and applying the existing legislation of Ukraine.

HISTORY OF STATE AND LAW IN FOREIGN COUNTRIES

Regular patterns of state and law origins in foreign countries. Current state and scientific problems of history of state and law in the countries of Europe, Asia, Africa, North and Latin America. Regular patterns in the development process of state and law: since the time of state emergence and to the contemporary political and legal systems. Law in the slave-owning state and feudal system; bourgeois law. Legal authorities in the ancient world and of the medieval period; legal bodies of "new times" and "newer times". Emergence and principles of the Continental and Anglo-Saxon system of bourgeois law. Structure of judicial branch and police service in various countries of the world.

HISTORY OF STATE AND LAW IN UKRAINE

General patterns of emergence and development of state and law in Ukraine. Object and methods in the history of state and law. Past and present social systems in the development of the Ukrainian state. Historical survey on the system of Ukrainian legal authorities since the 6th century to the present times. Origins of law in Ukraine, its structure. Ukrainian legal system establishment in the process of market economy emergence; the structure of Ukrainian legal system. The necessity and the means of the Ukrainian law harmonization with the law of other countries. Principles of establishing state of law in Ukraine.

STATE LAW IN FOREIGN COUNTRIES

Research apparatus for state law of foreign countries. General trends in the development of constitutions in foreign countries. Overview of the state law theory. General legal and constitutional grounds of social system and state policy in various countries. State and its legal and constitutional status. Classification of parties and party systems. Political regimes and constitutional status of a person and a citizen under a certain regime. Political and territorial forms of state. Electoral law and electoral systems. Referendum. Forms of parliament, state government and local state administration. Forms of self-government. Activity kinds and forms of central government authorities. General overview of local authorities' structure.

CONSTITUTIONAL LAW OF UKRAINE

Role of the Ukrainian constitution and of the other state legal acts in regulation of social relations and in the upbuilding of state. Major problems of the constitutional law studies. Object, methods, structure, functions and principles of a constitution; legal qualities of Constitution of Ukraine. Role of constitution in the legal system of a republic. Constitutional definitions of a person, his/her life, health, honour and dignity as higher social values and their guarantees in the Constitution of Ukraine. Political, economic and ideological pluralism in the social life of Ukraine. Multipartial principle as a basis for the political system of Ukraine. Universal human values priority in standing to the general principles of international law. Organization and functioning of state authorities in the constitutional context. Territorial system organization according to the Ukrainian Constitution. Mass media organization and functioning in accordance to the Ukrainian constitutional norms. Mechanism of protection for the Constitution of Ukraine.

ADMINISTRATIVE LAW

Essence of administrative law in its relation to state administration. Basic categories and general framework of administrative law studies. Forms and methods of state administration. Functions and principles of state administration. Executive authorities system; legal status of subjects within the executive branch. Notion of "administration pressure" and its kinds. Administrative process; its structure, principles and notions related to it.

CRIMINAL LAW

Criminal legislation studies in Ukraine. Object and principles of criminal legislation. Key problems of criminal law studies as one of the branches in the institute of law. Causes for criminal responsibility. Elements of crime. Classification of crimes. Types of criminal punishment; criminal punishment system. Grounds for criminal punishment and its procedures. Conditions for criminal responsibility discharge; diversion; cancellation and clearing of criminal record. Applying decrees of the Supreme Court Plenum concerning the issues of criminal legislation. Court practice.

CRIMINAL PROCESS

The order of pleading criminal cases. Contemporary issues of criminal process studies in Ukraine. Principles and procedures within a criminal process. Object and sources of criminal procedural law, its structure. Legal status and functions of judicial authorities in criminal legislation. Legal investigation procedures. Theory of the procedural decision-making in the criminal process; the structure of procedural decisions; legal protection of the procedural decisions. Presenting evidences in the criminal process. Interpreting and applying rules of law. Procedural actions for crime prevention. Procedural forms of interaction between law enforcement authorities, state bodies and non-profit organization for crime prevention matters and crime detection. Court procedures in case pleading. Review of court sentences and decrees. Issues that arise during execution of a sentence.

LABOUR LAW

Object and tasks of labour law in the system of legal regulation of market economy. Subjects of labour law. Labour contract. Content and forms of labour contracts. Collective labour contract: procedures of conclusing a contract and its dissolution. Guarantees and compensation. The rights of employees in the state and private sectors of the economy within safe working environment; the right of advanced vocational training; the right of rest and leisure; the right of social functions' performance. Employees' responsibility for the breach of labour obligations, for harm infliction to an employer. Responsibility for violation of the employees' labour rights. The order of considering employment disputes.

CIVIL AND FAMILY LAW

Object and methods of civil law as a separate branch of law. Operation of civil law acts in time, space and in a certain circle of individuals. Peculiarities of civil law relations. Citizens as subjects of civil law. The notion of legal entity, its features. The essence of civil rights, its kinds and objects. Civil legal relations: grounds for relations, changes in them and their suspension. Legal facts. Contracts, their kinds. Terms and conditions of a contract; obligations under agreement. Representation agent; agent commission. Property rights and their protection. Subject of family law, its essence, general grounds and sources. Family legal relations: grounds for relations, changes in them and their suspension. Succession law. Procedure and conditions of marriage conclusion; conditions under which marriage can be dissoluted. Personal and property rights of spouses, parents and children. Grounds for paternity reputation. Custody (guardianship) regulations. Civil registration. Court practice in family matters.

HOUSING LAW

Legal grounds for housing legislation establishment in Ukraine. Subject-matter of housing law. Principles and organizational legal grounds of housing law as a classroom discipline. Subjects of housing law. Housing relations: grounds for relations, changes in them and their suspension. Legal order of housing disputes' resolution. Court practice in housing matters in Ukraine.

PROSECUTION

Essence of prosecution as a higher authority in the field of law application and law enforcement. Prosecution bodies as a component of judicial branch. Legal grounds for prosecution activity; general authorities of prosecution in various fields of state activity. Prosecution supervision in the law enforcement system. Acts of prosecution response on the offences detected: prosecutor's protest; prosecutor's prescription; recommendation of prosecutor; prosecutor's instruction; civil plea for indemnity.

ADVOCACY IN UKRAINE

History of advocacy. Current legislation basis for advocacy in Ukraine. Principles and organizational forms of advocacy's activity. Essence of advocacy, its kinds and guarantees. Legal status of a practicing lawyer. Organization of advocacy counseling. Advocacy tactics in court.

NOTARIAT IN UKRAINE

The essence of the notion "notariat". Legal basis for notariat in Ukraine. Notarial institutions and notary officers. Principles of notarial support. Authority of notarial bodies. Rules and regulations for the notarial activity.

CRIMINAL SCIENCE

Theoretical grounds of criminal science. General scientific and special methods in criminal science. Theory of criminalistic identification. Criminalistic techniques' usage. Fundamentals of criminalistic identification and separate investigative actions. Criminalistic description of various kinds of crimes; theory of their investigation; fixing of crime vestiges.

CRIMINOLOGY

The notion of criminology and its system, its subject-matter and methodology. Delinquency and delinquents. Causes and conditions for delinquency and separate delinquent acts. Cause-effect complexes for separate delinquent acts, groups and kinds of delinquent acts. Criminological description. Crime prevention for separate kinds and groups of crimes - juvenile delinquency, recidivism, organized crime, violence, acquisitive crimes, disorderly conduct, crimes caused by reckless acts etc. Methodology of criminological research. Social means of crime prevention; a set of special criminological instruments and measures of crime prevention. Ukrainian and foreign criminology, their development, current state and problems.

LIFE SAFETY FUNDAMENTALS

Definition of life safety as a classroom discipline; role of life safety for community. Aims and tasks of life safety as a classroom discipline. Definition of the notions "life", "activity", "labour", "safety" and the interrelation between these notions. Essence of the notion "life safety" as a complex of interrelations between man and environment (natural environment, natural-technogenic environment, production environment, household environment, social environment). Basic human needs in the process of life activity: physiological, material and spirital needs. Physical and physiological foundations of life. Human health as a medical, biological and social category. Sources of hazards, their characteristics and the ways of decreasing their negative influence. Means and instruments of preventing negative influence of natural hazards upon man. Social environment and sources of hazards in it. Actions in the emergency situations and emergency recovery activity. State policy of Ukraine in the field population and territorial protection in emergency situations and under the conditions of emergency recovery activities.


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