Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 2 from 10 Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 3 from 10 1. Explanatory Notes The Syllabus of the discipline “Fundamentals of Law” is based on “Guidelines for the development and execution of syllabus and course training programs of disciplines”, enacted by the decree from 16.06.2015 №37/roz. This discipline is the base course for the entire higher education system, the theoretical basis of knowledge and skills that form the appropriate level of general student’s world view. This discipline is the basic discipline for the entire higher education system, the theoretical base of knowledge and skills that form an appropriate level of a student’s general world view. Target of the discipline is to improve the legal knowledge of students and their sense of justice and legal culture. It is possible in accordance with everyday professional and organizational training and education, which is made at lectures and practical classes and self-study process. Accordingly, the purpose of these types of learning is to develop knowledge of theory of law and a state, basic principles of labor, family, constitutional, administrative, civil, criminal and other fields of law. The important aim of the educational discipline is also the formation of the proper future professionals’ level of legal knowledge and a system professional legal skills and abilities in the practical usage of the legal fields of law in everyday life. Objectives to study the discipline are: - to get theoretical knowledge of the discipline; - to get practical skills of acquired theoretical knowledge of the discipline; - to form ability to use the necessary legal framework; - to form students’ respect to law and legal documents. As a result of the discipline a student must: Know: - the legal terminology, which is the base of the discipline; - the methodology of theory of a state and law; - the general essence of conceptual (formal) definitions; - legal framework of the discipline; - the legal basis of regulation certain types of social relations. Be able to: - use learned material in daily life and occupation; - analyze the rules of the Constitution, the laws and other legal documents; - understand the importance of law in a society, fulfill its requirements conscientiously. Educational material of the discipline is build by the module principle and consists of one classical educational module. As a result of mastering of theoretical material of the educational module № 1 “Fundamentals of Law” a student must: Know: - basic definitions and categories of the discipline; Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 4 from 10 - normative and legal sources of the fields of law of Ukraine; - legal base of regulation of the separate types of social relations Be able to: - observe learned material in daily life and professional activity; - analyze the rules of the Constitution, the laws and other normative legal documents; - use knowledge and skills, which were got by a student during studying the discipline in the future in studying of many different disciplines of professional training of a specialist with basic and complete higher education. Knowledge and skills acquired during the study of this discipline will be used in studying of other next disciplines of professional and practical training of a specialist. 2. Subject Content 2.1. Module # 1 “Fundamentals of Law” Theme 2.1.1. Fundamentals of theory of a state. Reasons of origin of a state. Theories of state origin. A concept and attributes of a state (basic and optional). Tasks and functions of a state. Forms and methods of realizations of functions of a state. A concept of a form of a state. Essence of the theory of separation of power. The main features of monarchical forms of state rule, types of monarchies. Republican form of state rule: the concepts, common and differentiated features. The system of checks and balances. A unitary state: a concept and types. Types of a complicated state. Political regime as a form of a state: a concept and types. A civil society and a legal state. Theme 2.1.2. Fundamentals of theory of law. A concept of law (essence, principles, functions). Forms (sources) of law. A legal norm: a concept, a structure and types. A system of law. Realization of law. Means of law interpretation. Legal relations. A concept legal relations and their attributes. Grounds to begin, change and stop legal relations. Material and legal content of legal relations. Actual content of legal relations. A structure of legal relations: a subject, an object, contents. Legal character of a natural person as a participant of legal relations. A concept of legal personality and its elements (capacity, capability and delectability). A concept of a legal entity. The special features of the legal capacity and capability of a legal entity. A concept of an object of legal relations. Types of objects. A concept of actual and legal content of legal relations. Subjective rights and legal responsibilities: a concept and types. Legal facts: a concept and classification. Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 5 from 10 Fundamentals of legal conduct and legal responsibility. Legal awareness as reflection of legal reality. A concept of legitimate conduct and its attributes. Forms of legal conduct. Types of legal conduct. Legitimate conduct: a concept and classification. An offence: a concept, main attributes. A composition of an offence. Types of offences. Legal responsibility: a concept, attributes. Types of legal responsibility. Functions of legal responsibility. Grounds of bringing to legal responsibility. Grounds for exemption from legal responsibility. Theme 2.1.3. Fundamentals of Constitutional Law of Ukraine. Constitutional law is the leading field of national law in Ukraine: a concept and a subject of legal regulation. Principles of Constitutional law. Methods of legal regulation. Sources of Constitutional law. The Constitution as the fundamental law of the state (general characteristic). Democracy in Ukraine and its forms. A referendum as a type of direct democracy: a concept and types. A concept of plebiscite. An institute of elections: a concept and types. Electoral systems. A concept of electoral quote. An institute of citizenship. Methods of acquisition of citizenship. Loss of citizenship (termination of citizenship, grounds of deprivation of citizenship). International legal regulation of the institution of stateless persons, persons with dual citizenship. A legal status of refugees. A status of a human and a citizen in Ukraine. Constitutional rights, freedoms and duties of citizens of Ukraine, guarantees of their observance. General characteristics of the system of bodies of state power and local selfgovernment in Ukraine. Political and legal status of a people's deputy of Ukraine. Political and legal status of the President of Ukraine. The procedure of forming of the Government. The judicial system of Ukraine. The Constitutional Court of Ukraine as a body of constitutional jurisdiction. The territorial structure of Ukraine. Autonomous Republic of Crimea. The activities of bodies of local self-governments. Theme 2.1.4. Fundamentals of Administrative Law of Ukraine. A concept of Administrative law of Ukraine and a subject of its regulation. Principles of Administrative law. Methods of Administrative law. Sources of Administrative law. The Code of Ukraine on Administrative Offences (general characteristic). A concept and spheres of public administration. Administrative legal relations: a concept and basic attributes. Types of administrative legal relations. Elements of administrative legal relations. Participants of administrative legal relations. Administrative personality. Administrative legal fact: a concept, classification. Administrative offences: a concept and attributes. Types of administrative misconducts. A composition of administrative offence. Administrative responsibility: a concept, attributes. Subjects of administrative responsibility. Grounds of bringing to administrative responsibility. Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 6 from 10 Reasons to administrative liability. Administrative penalties: concept, system and types. Features of administrative liability of minors. Grounds for release from administrative liability. Administrative responsibility for offenses in air transport. Administrative penalties: a concept, a system and types. Features of administrative liability of minors. Grounds for release from administrative liability for minors. Administrative responsibility for offences on air transport. Theme 2.1.5. Fundamentals of Civil Law of Ukraine. Civil law of Ukraine: a concept, principles and methods of legal regulation. Sources of civil law. Overview of the Civil Code of Ukraine. Civil legal relations: a concept, elements. General characteristic of participants of civil legal relations. Civil legal personality of natural persons and legal entities. Legal facts as the basis of, modification and termination of civil legal relations. Legal facts as the basis to begin, change and stop legal relations. Ownership right: a concepts and forms of ownership Methods for acquisition and termination of a right on property. Protection of a right on property. Civil legal agreement: a concept, types and an order of conclusion. Obligation: a concept, types. Civil legal responsibility: a concept, subjects grounds of civil liability. Civil legal responsibility on air law. An institute of inheritance: a concept, types and order. Theme 2.1.6. Fundamentals of Family Law of Ukraine. Family Law of Ukraine: the concept and subject of legal regulation. Sources of family law. Family Code of Ukraine (general description). Marriage and family according to the family legislation of Ukraine. Personal and property rights and duties of a married couple. Illigality of marriage. Termination of marriage. Personal and property rights and duties of parents and children. Grounds of deprivation of parental rights. Placing of children deprivation of parental care, guardianship, adoption, patronage. Theme 2.1.7. Fundamentals of Labour Law of Ukraine. A concept of Labour Law of Ukraine and a subject of its regulaton. Sources of Labor Law. Labor Code of Ukraine (general characteristic). A labour agreement: a concept, contents and types. A procedure of concluding and termination of a labour agreement. A concept of transfer or move to another job. Grounds for termination of a labour agreement. A concept and types of working and rest time. Labour discipline. A concept of a labour misconduct and its composition. Disciplinary responsibility in the field air law. Disciplinary sentencing. Material responsible: a concept, types. Individual and collective labor disputes, a procedure of their decision. Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 7 from 10 A concept, types and forms of social protection. Theme 2.1.8. Fundamentals of Criminal Law of Ukraine. A concept of Criminal Law of Ukraine, its subject and method of legal regulation. Overview of the Criminal Code of Ukraine. A notion of crime, its attributes and types. Stages of making of a crime. A composition of a crime. An institute of criminal complicity. Criminal responsibility: a concept, grounds of bringing and exemption. Criminal responsibility for crimes that infringe on safety or operation of air transport. Criminal punishment and its types. Circumstances that mitigate and aggravate criminal responsibility. A concept of conviction. Special features of criminal liability and punishment of minors. Theme 2.1.9. Fundamentals of law-enforcement and law- protective activities. A concept of law enforcement activity and its attributes. A system of law enforcement bodies of state power. The judicial system of Ukraine. The Prosecutor’s Office of Ukraine. Security Service of Ukraine. Bodies of internal affairs of Ukraine. Bodies of Prosecution and directions of their activity. Bodies of internal affairs of Ukraine and directions of their activity. Security Service of Ukraine and directions of their activity. State Tax Service directions of their activity. A concept of law-protective activity. The Human Rights Representative of the Verkhovna Rada of Ukraine. Justice in Ukraine. Advocacy of Ukraine. Notariate of Ukraine. 3. List of References 3.1. Basic recommended literature 3.1.1. Law Science: teach. guidances. for students of HEE / ed. by J.E. Hubeni, R.P. Wozniak, V.I. Andriyiv. - Lviv: Ukrainian technologies, 2014. - 407 p. 3.1.2. Law Science: teach. guidances. for students of non-leg. spec. of HEE / M.S. Polishchuk, M.I. Lohvynenko. - Kharkiv: Law, 2014. - 106 p. 3.1.3. Law Science: textbook for students of HEE / L.L. Bogachov and others. - Kharkiov: Folio, 2014. - 635 p. 3.1.4. Yakym S.S. Fundamentals of Law. Tutorial. – Drohobych: Kolo, 2014. 322 p. 3.1.5. Law Science. Professional course: teach. guidances. / V.V. Halunko and others; Open. Intern. University of a human’s development "Ukraine", Institute of Law and social relations. - K: University "Ukraine", 2013. - 199 p. 3.1.6. Law Science: teach. guidances. / P.S. Kornienko; ed. by G.B. Cherusheva. - Second addition, refurbished and edited. - K.: The Fourth Wave, 2012. - 557 p. 3.2. Additional recommended literature Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 8 from 10 3.2.1. The Constitution of Ukraine: current legislation as at 10 of August, 2015 Official. text. - Kyiv: Legal unity: Alerta, 2015. - 80 p. 3.2.2. The Law of Ukraine "On Citizenship of Ukraine" of 18 th of January, 2001, № 2235-14 amended // Official bulletin of Ukraine. - № 9. - 16.03.2001. - p. 1. 3.2.3. The Civil Code of Ukraine: with amendments and additions as at 15.09.2014: (corresponds to the official text). - Kyiv: Legal Unity: Alerta, 2014. - 320 p. 3.2.4. The Criminal Code of Ukraine: with amendments and additions as at 20.08.2015: the official. text. - Kyiv: Legal Unity: Alerta, 2015. - 211 p. 3.2.5. The Code of Ukraine on Administrative Offences: with amendments and additions as at 01.09.2015: the official. text. - Kyiv: Legal Unity: Alerta, 2015. - 261 p. 3.2.6. The Family Code of Ukraine: with amendments and additions as at 16.02.2015: (corresponds to the official text). - Kharkov: Law, 2015. - 104 p. 3.2.7. The Labor Code of Ukraine as at 13.01.2015: (corresponds to the official text). - Kharkov: Law, 2015. - 121 p. 3.2.8. The Code of Administrative Proceedings of Ukraine: with amendments and additions as at 01.10.2014: (corresponds to the official text). - Kyiv: Legal Unity: Alerta, 2014. - 159 p. 3.2.9 The Declaration of State Sovereignty from 16.07.1990, № 55-12 // The Bulletin of the Supreme Council of the USSR. - № 31. - 31.07.1990. - p. 429. Quality Management System Syllabus on Fundamentals of Law Document code QMS NAU CTP 13.01.01-01-2016 Page 9 from 10 (Ф 03.02 – 01) АРКУШ ПОШИРЕННЯ ДОКУМЕНТА № прим. Куди передано (підрозділ) Дата видачі П.І.Б. отримувача Підпис отримувача Примітки (Ф 03.02 – 02) АРКУШ ОЗНАЙОМЛЕННЯ З ДОКУМЕНТОМ № пор. Прізвище ім'я по-батькові Підпис ознайомленої особи Дата ознайомлення Примітки Document code Quality Management System Syllabus on Fundamentals of Law QMS NAU CTP 13.01.01-01-2016 Page 10 from 10 (Ф 03.02 – 03) АРКУШ ОБЛІКУ ЗМІН № зміни № листа (сторінки) Зміненого Заміненого Нового Анульованого Підпис особи, яка внесла зміну Дата внесення зміни Дата введення зміни (Ф 03.02 – 04) № пор. АРКУШ РЕЄСТРАЦІЇ РЕВІЗІЇ Прізвище ім'я по-батькові Дата ревізії Підпис Висновок щодо адекватності (Ф 03.02 – 32) УЗГОДЖЕННЯ ЗМІН Підпис Розробник Узгоджено Узгоджено Узгоджено Ініціали, прізвище Посада Дата
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