ВИТОКИ УКРАЇНСЬКОГО ПРАВА: ВЛАДНО-СУБ’ЄКТНИЙ АСПЕКТ

Abstract

The origins of Ukrainian law reach the pre-state period. Our ancestors have created a a kind of system of legal customs, general mandatory procedures, prohibitions-taboo, which were guided in public and private life. Under the conditions of the state processes, customary rules of the hromada are found to be sufficiently viable. The subjects of state regulation in the early stages of ancient Ukrainian state-making are real or potential Grand Duke of Kiev, as well as princely congresses (snemy), boyar council, and city residents meeting (vechе). Each of these institutions was a manifestation of respectively monarchical, aristocratic and democratic tendencies in the state-legal development of Kievan Rus. Written sources of law, statutes of the princely era, (princely statutes, letters and lessons) were largely based on the rules of customary law. The primary form of state regulation of the most important social, political and international relations of the princely era were treaties, which confirmed the rules of customary law and established new rules of law. At princely congresses adopted inter-princely treaties, which resolved issues of war and peace, changes in the state system, the order of occupying tables, adopted the most important legislative acts. The origins of Ukrainian constitutionalism, in the form of a social treaty, are clearly manifested in the treaties of the princes with the people, which were concluded at national assemblies - a veche. In this way, the legitimation of the princely power (inviting the prince to rule, his oath to the people at the veche in  the form of a baptismal kiss) took place, determined the scope of powers of the head of state and the principal princely servants, and sometimes - deprived them of power.