FORMATION AND DEVELOPMENT OF STATE-BUILDING IN UKRAINE DURING THE HETMANATE ERA: LEGISLATIVE ASPECTS

Abstract

The article analyzes in detail the peculiarities of the formation and development of Ukrainian statehood in Ukraine during the Hetmanship. It is proved that the Cossack state continued the traditions of state-building, which were started in the Old Russian period, and were also based on the legal foundations formed in Zaporizhzhya Sich. The creation of the Hetmanate coincided with the formation of national state entities and the establishment of bourgeois relations in European countries. These factors determine the establishment of the republican form of government and the latest principles of justice in the Ukrainian Cossack state.

It was established that the Hetmanate had the following main features of the state: public authorities that performed their functions; the territory covered by the state organization and the population living there; taxes collected for the maintenance of public authorities; legal norms as a regulator of social relations.

It has been proven that the legislation and legal norms of the Cossack state were based on Cossack and church customary law, legislative acts of the Grand Duchy of Lithuania and provisions of Magdeburg law, at the same time a number of hetman universals were issued that regulated various aspects of public life.

It is substantiated that the decisive role for the functioning of the Hetmanship was played by the document "Pacts and Constitution of Laws and Freedoms of the Zaporizhzhya Army", which went down in history as the Constitution of Philip Orlyk (1710), which actually became a social contract between the Hetman, the chieftain and the Cossacks, formalizing their relations . It is proved that the Constitution of Pylyp Orlyk of 1710 is a key legal act that laid the foundation for the recognition of the autonomy and political independence of the Ukrainian state. It is substantiated that the experience of state formation during the Hetmanship should be taken into account at the current stage of the development of Ukrainian statehood.