The modernization of the educational process necessitates a shift toward innovative models of teaching in higher education institutions. Legal education is no exception to this trend. The transition to a competency-based approach as the expected learning outcome – which includes not only acquiring a significant body of knowledge but also its practical application, and the development of analytical skills and sound decision-making - requires a fundamental restructuring of the educational process. This, in turn, demands a shift in the mindset of instructors as well as the teaching methods they employ. Among the currently popular interactive teaching methods, the case study method receives considerable attention. While the roots of this method are historically deep, modern usage draws primarily from two foundational schools: the Harvard School (American model, where the method was practically established in the early 1920s) and the Manchester School (representing the European model). Clearly, educators in Ukraine must determine which model to adopt as a foundation. However, the most effective option is not simple replication, but creative adaptation – taking into account both the national context and the specific nature of the legal discipline. The legal field, in particular, is characterized by a shift away from a strictly positivist understanding of law and by the increasingly active role of the Supreme Court of Ukraine in interpreting legal norms in the context of their application. Therefore, doctrineт – as a complementary source in the practical dimension – should play a similarly supportive role in legal education, especially in courses such as legal practice or the work of an attorney in civil proceedings. These courses should not be limited to studying the procedural status, functions, rights, obligations, and guarantees of attorneys but should, through the use of the case study method, emphasize the practical dimension: analyzing disputed legal situations, searching for doctrinal interpretations and the legal positions of the Supreme Court, interpreting the facts, and making well-grounded decisions. In line with this approach, current legal positions of the Supreme Court regarding fraud as grounds for contesting and declaring a transaction invalid have been analyzed. A set of conclusions is presented: 1) regarding the consistency of judicial practice; 2) the effectiveness of the case study method for training legal professionals; 3) the importance of using this method alongside – but not in place of – other teaching methods; 4) the necessity of further developing legal case materials based on real judicial decisions.
Melnyk et al. (Tue,) studied this question.