SC 8 of the sectoral master’s standard of specialty 081 Law: from a normative structure to implementation in the educational process.

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The Faculty of Law of the Yuriy Fedkovych Chernivtsi National University initiated an online roundtable held together with the Chernivtsi, Kharkiv and Odesa regional councils of justice reforms of EU Project “PRAVO-JUSTICE”, with the participation of several law schools, on issues of discussion and development of common approaches to the implementation of SC8 – the ability to use mediation and other legal instruments of alternative out-of-court consideration and resolution of legal disputes of the aforementioned standard.

The event took place on December 3, 2020, and aroused keen interest among most of its participants. The need to hold this round table was due to several factors, primarily the entry into force from 01.09.2020 the sectoral standard of higher education in specialty 081 Law to the second (master’s) level of higher education and a very different, to the contrary, interpretation of the role, content and significance of this standard for the professional training of lawyers by various subjects of the educational process.

An extremely useful, pragmatic orientation to the work of the entire round table was set in the opening speech by one of its moderators, professor Andriy Boyko. He outlined a methodological matrix for the following discussions. The quintessence of this matrix was to remind those present that a lawyer is a specialist in the application of law, and therefore the implementation of SC 8 is designed to ensure the formation of basic knowledge, skills and abilities in the field of ADR of law students, to form their ability to use mediation and other legal instruments of alternative out-of-court consideration and resolution of legal disputes. It was also noted that we are talking about the primary skills of mastering the ability to apply ADR, without which a lawyer cannot be a real specialist in the application of law.

The head of the Department of Public Law, Doctor of Law, prof. Ruslana Havrylyuk briefly, but quite fully and comprehensively told the audience about the experience of the Faculty of Law of the ChNU in the implementation of the SC 8 master’s standard. She noted that the proper mastering by a law student of the SC 8 master’s degree sectoral standard does not give him the right to practice as a professional mediator. At the same time, it is impossible to be a modern lawyer of the European type and successfully protect human rights and fundamental freedoms without mastering the SC 8 of sectoral master’s standard.

Ruslana Havrylyuk also noted that within the framework of the grant project of the EU ERASMUS + KA2 Program “Mediation: Training and Society Transformation”, also at the faculty there is a training for lawyers – professional mediators under the educational and professional program “Mediation”.

Pavlo Bartusiak, assistant of the Department of Public Law, familiarized the discussion participants with the specifics of the EPP “Mediation”.

During the discussion of the speeches, the participants of the round table expressed many valuable specific proposals and methodological comments on the “decoding” of the content of the SC 8 of the sectoral master’s standard. So, Doctor of Law, prof. Nataliya Kovalko revealed the peculiarities of the implementation of SC 8 by Taras Shevchenko National University of Kyiv, and Ph.D., Assoc. Prof. Victor Savchenko revealed the peculiarities of the implementation of SC 8 by the V.N. Karazin Kharkiv National University. No less interesting was the approach to the implementation of SC 8 by the Kyiv National University of Trade and Economics, which was highlighted by Doctor of Law, prof. Natalia Mazaraki. The vision of the implementation of this standard by individual departments of the Yaroslav Mudryi National Law University was presented by Ph.D., Assoc. Prof. Tetiana Tsuvina. Ph.D., Assoc. Prof. Inna Dolyanovska revealed the peculiarities of the implementation of SC 8 by KROK University. Most of these proposals were focused in one line with the SC 8 paradigm, formulated at the beginning of the round table by professor Andriy Boyko.

However, there were also opposite statements and assessments, that lawyers in their wording of the content of the SC 8 of the sectoral master’s standard “monopolized” (seek to “monopolize”) mediation or even that they became some kind of mythical “threat” to professional mediators and mastering the competence of ADR within other specialties. I will frankly tell the bearers of such views, which fears are far-fetched, that they did not understand in its entirety and versatility the specialty of a lawyer as an activity to protect human rights and fundamental freedoms. ADR, including mediation, are innovative effective tools for the implementation of this mission by lawyers, but by no means a separate type of entrepreneurial activity for them to provide paid services in the field of out-of-court settlement of conflicts and disputes.

In conclusion, on my own behalf, I consider it necessary to add that the attributive part of the subject of SC 8 of the sectoral master’s standard of specialty 081 Law should be a deep mastery by master students of such concepts as: mediation as a European and universal value; mediation as a worldview and approach to the settlement of disputes and conflicts; mediation as a type of social culture and a way of coexistence of individuals in society.

The round table was another positive step on the way from the model construction of a law training standard to its pilot implementation.

Petro Patsurkivskyy, professor, Dean of the Faculty of law of ChNU, member of the working group of the project “Mediation: training and society transformation” of the EU ERASMUS + Program: KA2

“The European Commission’s support for the production of this publication does not constitute an endorsement of the contents, which reflect the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.”