166
DOI: https://doi.org/10.46502/issn.1856-7576/2022.16.04.14
Cómo citar:
Tsilmak, O., Iasechko, S., Poplavska, M., Motlyakh, O., & Kabanets, O. (2022). Modern innovative forms of teaching law at other
schools in Ukraine. Revista Eduweb, 16(4), 166-177. https://doi.org/10.46502/issn.1856-7576/2022.16.04.14
Modern innovative forms of teaching law at other schools in
Ukraine
Formas modernas e innovadoras de enseñanza del derecho en otras escuelas de
Ucrania
Olena Tsilmak
tsilmak@gmail.com
https://orcid.org/0000-0001-7348-4876
Doctor of Juridical Sciences, Professor, Head of the Department of Psychology
National university «Odessa law academy», Ukraine.
Svitlana Iasechko
iasechko.sv@gmail.com
https://orcid.org/0000-0003-4058-9959
Associate Professor of the Department of Civil and Legal Disciplines, Kharkiv National University of Internal
Affairs, Ukraine.
Myrolava Poplavska
poplavska.@ukr.net
https://orcid.org/0000-0003-3765-1686
Candidate of Legal Sciences, Associate Professor of the Department of International Relations, Kyiv National
University of Culture and Arts Kyiv, Ukraine.
Oleksandr Motlyakh
motlyakh@gmail.com
https://orcid.org/0000-0002-6135-9952
Doctor of Law, Professor of the Educational and Scientific Institute, Kyiv National University of Culture and Arts
Kyiv, Ukraine.
Oleksandr Kabanets
kabanets_o@ukr.net
https://orcid.org/0000-0003-1272-6725
Senior Lecturer of The Event Management and Leisure Industry Department, Kyiv National University of
Culture and Arts Kyiv, Ukraine.
Recibido: 02/11/22
Aceptado: 20/12/22
Abstract
The article is devoted to topical issues of modernization and improving the quality of
higher legal education in Ukraine in the context of its European integration. Particular
attention is paid to innovative technologies of legal education faculties. The article
examines innovative teaching methods used in the modern educational system process
Characteristic features of means, forms and methods of innovative education are
determined, revealed the specifics of their use in the interactive educational environment
of higher education institutions of Ukraine.
Olena Tsilmak, Svitlana Iasechko, Myrolava Poplavska, Oleksandr Motlyakh, Oleksandr Kabanets
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Keywords: higher school of Ukraine, innovations, teaching methods, educational
technologies, educational process, trainings, business games, e-learning.
Resumen
El artículo está dedicado a temas de actualidad de la modernización y la mejora de la
calidad de la educación jurídica superior en Ucrania en el contexto de su integración
europea. Se presta especial atención a las tecnologías innovadoras de las facultades de
educación jurídica. El artículo examina los métodos de enseñanza innovadores utilizados
en el sistema educativo moderno. Se determinan las características de los medios,
formas y métodos de educación innovadora, revelaron los detalles de su uso en el
entorno educativo interactivo de las instituciones de educación superior de Ucrania.
Palabras clave: escuela superior de Ucrania, innovaciones, métodos de enseñanza,
tecnologías educativas, proceso educativo, capacitaciones, juegos de negocios, e-
learning.
1. Introduction
Harmonization of higher education in Ukraine in accordance with requirements European
space, its development is carried out according to certain principles This is, first of all, the
priority introduction of innovative achievements of education and science. It is known that
the innovative way of development society can ensure the formation of a generation of
people who think and work in a new way. As a result, the main attention will be paid
personality development, its cultural and communicative preparedness, the ability to
independently acquire and develop knowledge, form informational and social skills.
The main vector of modern development of higher education in Ukraine is determined by
the general direction of domestic higher education to enter the European and world
educational space, harmonization of national and international standards of higher
education in the context of the Bologna process and credit transfer system. In today's
conditions, higher education requires research and teaching staff to master and
implement innovative methods of teaching and learning, based on multimedia,
information programs, knowledge transfer systems. UNESCO's analytical report
"Sustainable development after 2015" noted that in the new information age it is higher
education that should become a fundamental element of progress, and innovations in
various spheres of social activity should include high dynamism, rapid change of
knowledge, information and technology. Thus, the social importance of the state in
ensuring access to quality education, a high level of knowledge, the possibility of
acquiring relevant skills, competencies through the provision of higher academic mobility
and freedom.
The ukrainian higher education is among the main tasks of higher education educational
institutions provides for "ensuring an organic combination in the educational process of
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educational, scientific and innovative activities." In addition, most legislative documents,
national programs for higher education emphasize the prevention of declining quality of
education, falling knowledge; moral aging of teaching methods and techniques. It is the
public consensus understanding that education is one of the main factors of innovative
development of society that gives impetus to the strategic solution of problems and
ensuring systematic reform of national higher education, adequate modernization and
integration into the European economic, cultural and information space (Vladimirova,
2018).
In view of the above, we believe that in the modern educational process the problem of
innovative teaching methods remains one of the most relevant in the world pedagogical
and research activities.
However, in the conditions of transformational changes in higher education, they need
constant careful study and scientific and practical substantiation of the issue of the best
experience of innovative educational activity; characteristics of the content of interactive
forms of education, the specifics of their use in higher education; individualized, team,
project technologies of knowledge acquisition, information and communication means of
training, online education and other innovations.
In the period of transformation of higher education, the introduction of innovative teaching
methods is increasing. The innovative forms of education that are relevant today are
aimed at developing general cultural and professional competencies among students.
One of these forms of learning can be called interactive methods that allow you to
implement a competency-based approach. In addition, they increase the percentage of
assimilation of educational material, establish feedback between students and the
teacher, and also interest and include inactive students in the work. Interactive methods
allow to achieve real practical results of mastering the skills of future professional activity
by students. Besides they provide scope for pedagogical creativity.
Interactive learning provides for the coordination of the actions of the teacher and
students, as well as the cooperation of students with each other.
Moreover, knowledge is not “dictated” by the teacher. It only helps to find answers to the
problematic questions posed. The student has the need and ability to learn, so learning
is an inseparable component of the human way of life. In this regard, the role of the
teacher is to organize the learning process, in which students are immersed in a real
atmosphere of business cooperation in solving problems that are optimal for developing
the skills and qualities of a future lawyer.
The teacher reacts to everything that happens in the classroom, analyzes, corrects the
work of students and directs students on the path to obtaining learning outcomes. In the
process of interactive learning, practical problems that participants face or may face in
their future professional activities are solved (Yavorska, 2016).
Olena Tsilmak, Svitlana Iasechko, Myrolava Poplavska, Oleksandr Motlyakh, Oleksandr Kabanets
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The foregoing allows us to say that interactive methods make it possible to teach students
the branches of law in a complex. In addition, interactive teaching contributes to teaching
students on problematic material, i.e. by creating a problematic situation of professional
interaction, allowing the student to use his experience, and, at the same time, to identify
the shortcomings of the existing experience and the need for its development
(Biddiscombe, 1999).
As an unconventional approach to teaching legal disciplines, one can name a binary
lesson. The binary form of conducting classes is exciting and non-standard. A binary
lesson is called a non-traditional type of lesson, since several teachers are involved in
preparing and conducting it. Before classes, teachers jointly plan the forms and methods
of work, both their own and students. Such preparation can take a lot of time, but the
result is usually justifies these costs. This type of lesson is interesting in that it allows
students to show the connection between various subjects, makes learning holistic and
systematic (Vladimirova, 2018).
This article proposes a vision of the structure and content of a binary lesson on the topic
"Protection of consumer rights in the provision of services", during which interdisciplinary
connections are clearly traced.
2. Literature review
Progress in education and training of students is taking place according to the dialectical
dying of the old and the birth of the new, which is one's own the turn requires filling the
higher school with new content (Shapiro & Hughes, 1996).
Issues of teaching in higher education institutions education in the legal direction and
application at the same time, the forms and methods of innovative technologies were
considered in their works: Yu. Bystrova, V.I. Vladimirova, G.Kh. Yavorska and others.
However, despite the significance of the events they conducted research, the existing
methods and methods of teaching legal disciplines in the conditions of the development
of the market of educational services and changes that accompany the process of
transformation of society, require further scientific understanding.
The essence of the process of innovations in modern technologies and methods studies
have become the object of both foreign and Ukrainian research scientists Scientific
explorations of Kronivets, Lazorko, Virna, Brytova, Tolchieva, Shastko and others are
devoted to general theoretical, scientific and practical problems of the innovative
paradigm in higher education, separate progressive forms and technologies of learning,
their experience and perspectives use in educational practice (Bystrova, 2015).
In particular, the authors link innovations in education with necessity: improvement of the
traditional pedagogical process (modernization, modification, rationalization);
transformation of the existing traditional educational process, radical transformations and
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complex changes. Problem researchers pedagogical innovations Kaplinsky, Zoshii,
Mozhaykina.
3. Aims
The purpose of this study is to determine the specifics, i.e., the disclosure and analysis
of the peculiarities of teaching methods of legal disciplines in higher education institutions
of Ukraine, determination of the most promising methods innovative methodology.
4. Materials and methods
The methodology of the chosen problem is a systematic approach, as well as dialectical,
formal-logical and structural functional methods and other general scientific research
methods, as well as special legal methods: comparative law and formal law. The
methodological basis of the study is theory cognition, its general method of materialist
dialectics. The following were used as general scientific research methods: formal-logical
and systematic methods.
5. Results
The purpose of the lesson is to deepen the understanding and consolidate the acquired
knowledge in the disciplines "Protection of consumer rights" and "Ethics of business
communication", as well as in the development of cooperation between teachers and the
formation of students' beliefs in the connectedness of the subjects studied. It is important
to note that such a lesson should be carried out by connecting groups of students in
different profiles, for example, lawyers and personnel management. So, as a problem
situation, teachers of these disciplines show students a video case with the following
content. An agreement was concluded between H. and LLC for the manufacture and
supply of furniture according to samples. Under the terms of the contract, the company
undertakes to manufacture furniture, deliver and transfer it to the customer's property.
The customer, in accordance with the terms of the contract, is obliged to pay for and
accept the aforementioned furniture (Shapiro & Hughes, 1996)
H. chose a sofa model with two types of upholstery and fully paid for the sofa. Having
received the above furniture, H. to the address of the LLC was made several phone calls
that were left unanswered, after which a written complaint was sent. She asked to
terminate the contract for the reason that when assembling the sofa, a difference in tone
(pile direction) was discovered.
In response to the claim, the defendant denied the plaintiff the satisfaction of the claims
on the grounds that the selected material is fleecy, in connection with which the change
its color is not a flaw.
Subsequently, H. was found to be inconsistent with the supplied model and the ordered
sofa, since its side part was made in the form of one element instead of two, as well as
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the presence of a seam on the sofa element (should not be), which, according to H., is a
significant deviation from the terms of the contract. The parties repeatedly expressed
claims to each other orally, but did not come to an agreement, so the customer went to
court to resolve the dispute.
After watching this video case, students should find out: what conflicts led to the judicial
resolution of the dispute and what solution will the court rule on the merits of this conflict
between the consumer and the performer?
First of all, as part of the study of the ethics of business communication, students establish
conflict gens, that is, the actions of these persons that led to this conflict.
It should be noted that in the future professional activities of a lawyer, conflict resolution
will become a common and permanent phenomenon. Therefore, it is important for them
to know that conflict is any opposition or difference of opinion.
A conflict is any action or inaction of a person that leads to a conflict (grins, silence,
violation of space, words that degrade one's dignity, etc.).
Students name the following conflicts in the watched video case:
− ignoring phone calls;
− lowered look of the master (does not look into the eyes, the look leads away);
− peering between participants of one side;
− raising the voice
− the threat of going to court;
− the manufacturer does not apologize, tries to dissuade;
− the manufacturer's representative looks at the client with an indifferent look, sits in a
collapsed position in an armchair;
− the client’s phrases: “this is clear to the child”; “what can be “but”;
− the client is smart, etc.
Having analyzed the stages of the conflict and identified the conflicts, the students
proceed to work with the second teacher. They should analyze the situation from the point
of view of protecting violated consumer rights.
Summing up the analysis of the regulatory framework, students should come to the
following conclusions. LLC has not fulfilled the terms of the contract (provided goods that
do not comply with the order form), that is, there are significant deviations from the terms
of the contract. Therefore, the court must satisfy the demands for the termination of the
contract for the manufacture and supply of furniture according to samples, and for the
recovery of funds paid for the goods. Since the defendant's unlawful evasion in satisfying
the plaintiff's demand for termination of the contract and for the return of funds has been
established, the claims for the recovery of a penalty are legitimate (Kronivets et al., 2021)
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It should be noted that a mandatory element of interactive teaching is reflection. Students
need to evaluate their development after the binary session.
In this regard, it will be interesting, in our opinion, to state the opinions of students on the
learning outcomes obtained:
− “a huge plus is the opportunity to learn new things that are not directly related to your
training profile, but broaden your horizons”;
− “an important plus is the consideration of the conflict situation from different points of
view, as well as the deepening of knowledge in related disciplines”;
− “a lot of necessary and useful information was received, we shared our knowledge
and received new ones”;
− “The lesson was very exciting and interesting”;
− “it is interesting and informative to think and process the received information, the
work of two teachers is more effective”
− “There should be more such classes.”
Binary lesson allows you to effectively organize the educational process.
On the basis of facts from real life, a problematic situation is created, which is considered
both from a legal and psychological point of view. During such binary engaging in one or
another way of solving a problem, develops the ability to formulate and express one's
thoughts, take other positions, and argue one's own (Lazorko, Virna, Brytova, Tolchieva,
Shastko & Saienko, 2021).
It is important to pay attention to the readiness of teachers to conduct binary classes in
an interactive form. Modern educators must prepare students for work in accordance with
their education, to actively participate in everyday life, stimulate their individual
development, and prepare for creativity and knowledge renewal at an advanced level.
Achieving the above goals during the period of obtaining university education requires a
new look at the role of the teacher. The teacher and his competence, the assessment
and expectations of the students themselves, as well as employers (Kaplinsky, 2015)
The next example of interactive teaching is an innovative game conducted in small groups
at a practical lesson in the discipline "Civil Law" on the topic "Sources of Civil Law".
The purpose of the practical lesson is to form and consolidate ideas about the main
components of the regulatory legal framework governing civil legal relations.
As a result of mastering the topic, the student must:
− know: the concept of sources of civil law, sources of civil law;
− actual problems of legal regulation; legal positions of the highest judicial bodies on
civil law issues;
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− be able to: interpret civil law norms, analyze local acts, generalize judicial practice and
legal customs, local acts and legal customs; the skills of searching for scientific
(special) literature necessary for solving theoretical and practical issues
(Biddiscombe, 1999).
Task 1: Questions - answers:
1. A citizen, having read the publication in the media about the property owned by the
head of the local administration, applied to the administration with a statement to
provide him with a commentary on the sources of origin of this property. Is the local
administration obliged to provide a response to a citizen to such a statement?
2. The body of state power, within the framework of the performance of the functions
assigned to it, shall receive official delegations, foreign citizens and visitors. Should
these persons be provided with hot and soft drinks, confectionery products, based on
business customs?
3. The mother-in-law gave the daughter-in-law an apartment in which they lived together,
led a common household until the death of the mother-in-law. Is the mother-in-law
recognized as a family member and/or a close relative of the daughter-in-law? If not
recognized, does the daughter-in-law have the right to go to court to recognize her
mother-in-law as a member of her family and (or) a close relative in a judicial
proceeding by analogy with law?
A variety of cognitive tasks and tasks offered to students are compiled on the basis of the
material studied by them. Solving problems in a playful way does not allow students to be
distracted from the lesson and ensures the employment of the entire group.
The joy of one's own, albeit not great, victories sharply increases students' interest in the
subject. And in general, there is an intensification of practical training and a significant
increase in the productivity of pedagogical work (Zoshii, 2018)
The above example of an innovative game testifies to a student-oriented approach to
teaching a student, motivating him to actively participate in the development of
educational programs of the studied disciplines and mastery of professional skills.
It should be noted that at the present stage the task of the teacher is to teach students to
think, speak correctly, communicate in scientific terms and communicate well in writing.
Writing an essay by students allows them to formulate their thoughtful thoughts and
judgments in writing. However, when posing problem questions for essay topics, it should
be borne in mind that they should cause a desire for reflection, logical reasoning, and
quick wits. Therefore, the technology of writing an essay will only arouse interest among
students, justify its purpose and achieve its goal when vital problems are touched upon.
So, an essay on the topic “Why consumers are too lazy to protect their rights” arouses
great interest among students and a desire to understand this interesting issue. In
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connection with Consider the following essay as an example. “Each of us, at least twice
in our lives, acts as a consumer of a particular product or service, and situations
periodically arise when this very the consumer is not satisfied with the quality of the
product or service. According to statistics, the rights of every consumer in Ukraine are
violated, on average, four times a year. Most consumers do not use government-provided
ways to protect their rights. Again, statistics - only 20% of consumers turn to sellers with
complaints about the quality of goods or services, and then - only 4% go to court if quality
claims are not satisfied. Why is this happening?
It would seem that it was possible to indicate elementary ignorance as the main reason,
but this is not so, in almost every outlet or organization in the service sector there is
“consumer’s corner” (if not, a reason to be seriously wary, something is wrong in this
organization!), with a book of the law “On Protection of Consumer Rights”, “a book
complaints and suggestions”, a certificate of registration, as well as (oh, horror!) Phones
and coordinates of regulatory authorities. However, this "corner ..." almost always has a
display case, and The "book of complaints and suggestions" was not even opened. And
the most interesting thing is that in our informational 21st century, all information and
sample applications can be taken directly from Internet and even get legal online advice
on the problem that has arisen.
Accordingly, ignorance as a reason is swept aside!
And yet I would like to find out the reasons for the passivity of consumers in protecting
their violated rights. Let's try to understand our "target audience". According to the
statistics of 2014, the share of the urban population was slightly more than 74%,
respectively, the rural population was slightly less than 26%. Let's start with the last one.
Now let's try to understand the reasons for the "laziness to protect their rights" of the
urban population. The reason for "intelligent education": among the population, mostly
mature and older, there is a certain barrier regarding the creation of negative
communication links, an internal psychological ban on public speaking and making claims
against a completely unfamiliar seller of goods or services, inability to say "no". For
example, “a person works all day, serves hundreds of people, and here I am with my
claims, I won’t spoil my nerves, either for myself or for him” or “the saleswoman is a
brawler, she doesn’t hesitate to scream in public, but what a shame for me! What if
someone you know sees you?"
The reason for the "depressive state": the current economic situation and the welfare of
most citizens, if not depressing, then very close to it, which contributes to a constant
depressed state of mind. In this case, the development of depression is quite possible. In
addition, according to the World Health Organization (WHO), depression as a disease
comes in second place after cardiovascular disease. At the same time, it is not recognized
in official medicine and is not a cause of disability. Depression is often accompanied by
mental retardation, lethargy, apathy (indifference), and, if possible, a "break" of traumatic
communication ties. What are the claims and claims? This is the position of the Donkey
Eeyore, "... and the day is bad, and the tail is gone, although this is still of no interest to
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anyone. "The reason for "eternal employment": has the same roots in the form of a difficult
economic situation and low wages. A person rushes from one job to the second, from the
second, perhaps to the third ... he does not have time to return to the seller, to demand
elimination of shortcomings. Moreover, write claims and wait for an answer and the results
of an examination of the goods. It’s easier to earn extra money and make up for the loss
of the family budget than waste time and nerves (Mozhaykina, 2012)
The reason for “outright laziness” (sometimes this happens): a person knows the laws,
and his rights, and obligations of the seller. However, he will not write a claim, he does
not want to “get in touch” with the examination - for a long time. And the amount spent
seems to be not very large, so that to fight for it, as they say - we will survive.
The reason for the “lack of justice”: this is a matter of faith – well, a person does not
believe in justice.” Here is my neighbor for four years he complained, wrote, went to the
authorities - he did not achieve anything, only “replies”, and then he died of a heart attack.
And I won’t even try, because there is no justice - why waste time.
Thus, we have outlined the main reasons for the failure of the main masses of consumers
to take measures to protect their rights. And all of them are subjective in origin, except for
depression (it's still a disease).
6. Discussion
Improving the system of teaching legal disciplines requires the teacher to use, in
accordance with his creative plans, innovative teaching methods, which may not be
provided for by the program or the content of textbooks. The teaching technology of this
level, ensuring the organizational and intellectual level of interaction between the teacher
and students, is the most difficult, because it forces the student to be at the peak of his
mental activity for most of the learning process, and the teacher must, using various
methods of innovative methodology teaching, support this activity, arouse the student's
interest in the educational process and the desire for maximum participation in it.
The transition to the methods inherent in the innovative methodology involves the
combination of practical, educational and research functions in the educational process,
which contributes to the resolution of the contradiction between the knowledge provided
by the institution of higher education and the requirements of real life. This approach
provides a cognitive level of assimilation. To date, the position that the high efficiency of
the educational process, including the teaching of legal disciplines, ensures the
application of such innovative methods and teaching methods as: analysis of critical
situations; audiovisual teaching method; "brain storm"; Socratic method; business (role)
game; "borrow position"; commenting, evaluation (or self-evaluation) of participants'
actions; master classes; method of analysis and diagnosis of the situation; project
method; modeling; educational "training ground"; problem (problem-search) method;
public speaking; work in small groups; business trip method, etc. Attention should be paid
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to the fact that innovative methods arise in accordance with the needs of society in the
development of jurisprudence and correspond to its nature and level of development in a
particular period; these are new perspective trends, processes and approaches in the
development of modern higher education.
In view of this, we cannot include as innovative: the method of analysis and diagnosis of
the situation, the problem (problem-search) method, the method of public speaking and
the audiovisual method of teaching. Thus, the first three methods have been part of the
legal education programs used by specialized legal higher education institutions for more
than ten years, and the audiovisual teaching method is a priori the basis of modern higher
education. This is due to objective reasons caused by the consequences of the military
aggression of the Russian Federation against Ukraine. Educational institutions forced to
evacuate, depending on where it is located, the circumstances, or work entirely in a
remote (remote) format, or in a mixed - when students study both online and face-to-face.
This format of education involves the provision of educational services through
audiovisual communications, in the form of audiovisual courses, electronic textbooks,
computer test tasks, trainings and practical guides for distance learning, video recordings
of various forms of education for the purpose of analyzing and discussing the actions of
participants in the educational process and etc.
7. Conclusions
In conclusion, it can be noted that the lack of proper motivation to protect their violated
rights is a consequence of undeveloped personality traits: self-organization and self-
discipline. And impunity breeds permissiveness. In addition, the inactivity of consumers
in protecting their rights encourages unfair competition, since the absence of complaints
(and, accordingly, responding to them) does not allow the scammer to be ousted from the
market in the most effective way - economically.
Summing up, we note that the methodology of teaching legal disciplines is not only a
science, but also an art, since no practical recommendations ever will replace the variety
of methodological techniques that are born empirically from the teacher.
To implement the competency-based approach, it is necessary to create a special
innovative environment at the university, which requires the formation of new
competencies in all subjects of educational activity, including university teaching staff.
That is why it is important to pay attention to the readiness of the teacher to conduct
classes in an interactive form. A modern teacher must effectively prepare students to
work in accordance with their education, prepare them for active participation in everyday
life and modern society, stimulate their individual development, and prepare them for
creativity and knowledge renewal at an advanced level. Achieving the above goals in the
period of university education requires a new, different look at the role of the teacher and
his competencies, assessment and the expectations of the students themselves, as well
as employers.
Olena Tsilmak, Svitlana Iasechko, Myrolava Poplavska, Oleksandr Motlyakh, Oleksandr Kabanets
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8. Bibliographic references
Biddiscombe, R. (1999). Developing the learning support role: Some of the challenges
ahead. SCONUL Newsletter, 16, 30-34.
Bystrova, Yu. (2015). Innovative teaching methods in higher education in Ukraine. Law
and innovative society, 1(4), 27–33 [In Ukranian]
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