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LOGO Criminal Law of Foreign Countries
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The purpose and objectives of the course "Criminal Law of Foreign Countries": The aim is to studying by students the basic principles of criminal law and institutions of foreign countries, their understanding of the role and significance of criminal law in the fight against crime, the development of students' abilities to apply the acquired theoretical knowledge to solve specific legal situations.
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Objective - to give the most complete picture of the origin and development features, principles, major institutions and categories of legal systems of England, USA, France, Germany and Japan using the latest materials and help students master the technique of comparative legal studies.
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During the study course "The criminal law of foreign countries," students should know and be able to: To know: basic concepts, institutions, general theoretical principles of criminal law, foreign countries of different legal systems; chief of the criminal law and penal policy of modern states, their state and development; specific features and elements of criminal traditions of different countries, the ratio of the provisions of national criminal law with the provisions of foreign criminal law different legal systems; main achievements of criminal jurisprudence and directions of foreign criminal law theory.
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During the study course "The criminal law of foreign countries," students should know and be able to: Be able to: navigate with the criminal justice system of modern states; use the amount of knowledge in comparative criminal law; own methods of comparative legal analysis; systemic-structural system-comparative, historical, comparative, and others; use the theory, methods and techniques of comparative law in law enforcement; analyze existing criminal law of Ukraine and its compliance with the Constitution of Ukraine and international legal standards, comparing Ukrainian criminal law of criminal legal normative sources of foreign countries.
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Interdisciplinary connections The criminal law of foreign countries directly interconnected with such subjects as: International law Private International Law Criminal Law of Ukraine Criminal Procedure
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The course of CRIMINAL LAW OF FOREIGN COUNTRIES Module 1 o Sources of Criminal Law of Foreign Countries o The concept of a criminal act. Guilt and sanity o Stages of committing a crime o Institute of complicity
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The course of CRIMINAL LAW OF FOREIGN COUNTRIES Module 2 o The circumstances precluding criminality Concept and types of penalties o Certain penalties in criminal law of modern foreign countries o Security measures in the criminal law of modern foreign countries o Conditional condemnation (probation) and types of impunity
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Individual work of students Individual work with the subject "The criminal law of foreign countries" includes the following educational activities: 1)the study of textbooks on topics-find books; 2)note-taking, drawing up plans, abstracts; 3)coding data (drawing diagrams, tables, graphs); 4)writing essays, reports, surveys, reports; 5)the preparation of reports to seminars; 6)exercises, solving problems; 7)writing control performance; 8)tasks with a computer and so on.
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CRITERIA FOR ESTIMATION OF KNOWLEDGE Evaluation of "Passed" - qualifies as the ability to transfer knowledge to previous levels custom task (to apply in unusual situations) and to produce new knowledge (creativity). Student answers correctly, the creative use of additional literature, independently receives information published in the periodical. The student is able to analyze, compare, synthesize, and specify the abstract, classify and organize materials. Evaluation of "Unapplied" - absence of proper judgment, knowledge of properties and relations. Qualifies as an inability to focus in causal and other relations and mechanisms (algorithms) current events (processes) and their inability to qualify for the subject material characteristics. In addition the student knows the basic concepts and the training material.
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DISTRIBUTION OF POINTS BY WORK AND FORMS OF CONTROL The final test is module 1 - 30 points The final test is module 2 - 30 points The individual work of students - 20 points Work (activity) for seminars - 8 points Presence at lectures - 4 points Mastering of a material (positive) at the seminars - 8 points TOTAL: 100 POINTS
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Basic concepts and terms Crown Court - this new formation, created acts of judgment 1971 he is considering criminal charges. Its composition is varied. Depending on the type of crime case can be considered: District Judge (Judge special judicial district in the county or group of counties); High Court judges (it is based in the capital, but its members are organizing outreach sessions court); lawyer must postsecondary education and credentials (Barrister and Solicitor); Acting judge. Judicial precedent (from the Latin. Praecedens, genitive praecedentis - preceding) - a specific court decision in a particular case that has the power sources of law (ie, establishing, changing or repealing legal provisions). A precedent is a decision made in a similar case permitted within the same proceedings. Precedent - a case or event that has taken place in the past and is an example or basis for similar actions in the present. Judicial precedent - the decision of the highest judicial authority in a particular case, which continue to be binding for the courts in dealing with similar cases. Felony (born Felony) - in criminal law, the U.S. and UK category of serious crime, the degree of danger are between treason (funeral) and misdemeanor. "Literal rule" in England - an approach to the interpretation of the law in which the words that are used in the law, have no alternative value that they can only be interpreted literally. "Golden Rule" in England - an approach to the interpretation of the law, which law is constructed in such a way that there are two or more literal interpretation, the court selects some of them to be more consistent and lead to the logical result. Rule "amendment evil" in England - an approach to the interpretation of the law, where the purpose of the statute was to correct a mistake, the court may impose such an interpretation that best meets specific. Ijma - one of the main sources of Islamic law, which provides a single view of the most influential spiritual Islamic prophets on issues not covered explicitly Quran and Sunnah. Quran - holy book of Muslims, which contains the statements of the Prophet Muhammad. Sunnah - the superiority of the decision of the Prophet Muhammad. Adat - a collection of folk customs and folk practice in various fields of property, family and other relationships in Muslim countries. Kiyas - a source of law, which is an explanation of the Qur'an and sunnny, opinions similar to those issues that are not directly vrehulvani last. Habes date - the right of any person in the Anglo-American procedural law require a court order to get acquainted with any data that concern it and kept in any archives or institutions, including archives of national security services. Habes body - Institute of Anglo-American procedural law, which in some cases allows stakeholders to demand the right to be brought to trial persons detained or imprisoned for checking the legality of detention.
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