CATEGORIES OF COMPARATIVE-HISTORICAL LEGAL RESEARCHES IN STUDIES OF UKRAINIAN SCHOLARS ABROAD IN THE 20TH CENTURY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article states that fundamental category of comparative-historical legal researches in studies of Ukrainian scholars abroad was studying the history of Ukrainian law in medieval period in the context of European and Eurasian legal development. It is investigated that the core elements of the abovementioned category are clarification of subject of history of Ukrainian law, research of state, criminal, procedural law, separate institutions of civil law, content and consequences of assimilation of statutes of the foreign law, impacts of Ukrainian law on the law of neighbouring nations. It is proven that common characteristics of works of Ukrainian scholars are implementation of diachronic and synchronic types of comparative-historical method, interpretation of evolution of Ukrainian law standards as indiscrete, distinctive, linear, built on singularity of legal customs. Scholars proved that Ukrainian law in the medieval period differed with special features. Along with that they recognized similarities in the development of Ukrainian and European nations; mentioned the analogy in the historical sphere of law development of east Slavic nations, part of that was Ukrainian law. It is proven that scholars showed positive attitude to the assimilation of byzantine law in the Kyiv Rus period, and the results were law unification and enrichment of national law by the new law notions. It is investigated that they had different views on foreign impact during the Polish-Lithuanian and Hetmanate periods. Padoch I.M. and Chybatyi M.D. had negative attitude as to that impacts, as it caused the decline of Ukrainian nationhood, change of legal regime of Ukrainian lands, introduction of elements of feudal regime. However, Lashhenko R.M. expressed his thought as to the negative consequences of assimilation of only German law, but was very loyal to the impact of Slavic law on the Lithuanian Statute, gave proofs of wide interplay of Ukrainian and Polish laws.
Authors and Affiliations
С. В. Кудін
Keywords
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