Establishment Of The Judiciary System Of Ukraine In The IX - X Centuries

  • O.I. Byrkovych
Keywords: judicial system of power, institutes of state and law, Veche, prince, «Rus'ka Pravda»

Abstract

The article examines the formation of the judiciary system of power of Ukraine in the IX-X centuries. Proceeding from the democratic character of the formation of the institutes of state and law, it is followed that at the first stage of the formation of the judiciary Veche of Russian lands fulfills all supreme legislative, executive and judicial functions. At the second stage Veche concedes to its powerful judicial functions within the tasks, entrusted to the prince and his troops. Achievements of the Veche and the prince in the development of the state-legal system can be fixed in the form of a social-political union. In a formalized expression, the prince was endowed with the judiciary within the limits of his rights and duties. The real distribution of judicial power functions in Kievan Rus X-XI centuries between the veche of cities, the princely system of government, local patriotic institutions and state officials were not competing, but concerned only that aspect of public life some of which were directly underpowered by the government of various institutions. The foundation of such a state-legal system with its institutes of legislative, executive and judicial power were quite public, transparent and suitable for a reasonable understanding of society.

It is established that the peasants were under the direct protection of the prince's power, the burghers were under the authority of Veche, church people were under the jurisdiction of church law and the court. The peasants were free, but their legal status was limited, since they were subject to the special jurisdiction of the prince, which was mainly aimed at protecting their rights, freedoms and duties, to pay tribute to the maintenance of the prince and his troops. Thus, the legal provision of the sovereignty of the individual and various social strata in Kievan Rus X-IX centuries was guaranteed by the priorities of judicial institutions. Citizens' rights were determined by their sovereignty and civic duties and obligations. In general, the legal regulation of all spheres of social life of Rus-Ukrainians testifies to well-organized judicial proceedings in its three institutional dimensions - the veche, princely and ecclesiastical.

Published
2020-01-19