Historical and legal analysis of sources of law of the Ukrainian People’s Republic (1917–1918).
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In article the system of sources of the law during existence of the Ukrainian People’s Republic is considered, its contents, a role and value in the course of establishment of law and order in the state are revealed. It is established that in the system of sources of the law of the period of existence of the Ukrainian People’s Republic it is possible to carry normative legal acts and legal customs; also the sense of justice had legal consciousness. It is established that normative legal acts (laws and bylaws) were the main source of the law. It is established that during the studied period III and IV Universals of the Central Rada and the Constitution of the Ukrainian People’s Republic of April 29, 1918 were the main acts. It is established that rule-making activity has been concentrated in the sphere of the constitutional, land, labor, criminal legislation, the attention to standard ensuring functioning of a financial system of the Ukrainian People’s Republic was paid. It is proved that only one regulatory authority – the Central Rada had the right to adopt laws, and bylaws had the right to give executive authorities and local governments. It is established that in the territory of the Ukrainian People’s Republic operation of those normative legal acts of the former Russian Empire and Provisional government which haven’t been cancelled by the Central Rada admitted and didn’t contradict the current legislation. It is revealed that such normative legal acts were acting in the sphere of the labor, civil, criminal, procedural legislation. Situation is proved that acting in the Ukrainian People’s Republic were legal customs which reflected national sense of justice in the lawmaking sphere and were reproduced in the land, family and marriage, hereditary legislation. It is proved that, though in the mediated form, but nevertheless the Central Rada has proclaimed force of some norms of common law. It is established that in the sphere of law enforcement the professional legal consciousness of judges and legal consciousness of the population were sources of law. It is proved that for the Ukrainian People’s Republic existence of professionalism of legal consciousness of the judicial case was inherent, and judges preferred the legislation. It is revealed that such form of legal consciousness reflected the principles of legality and justice in activity of the courts. It is established that for ensuring fair trial the Central Rada has established the rule that legal proceedings in the Ukrainian People’s Republic have to be based on «legal concepts of the people», but not on revolutionary legal consciousness. It is revealed that the weakness of state mechanism, incompleteness of judicial reform in the Ukrainian People’s Republic, in a significant amount of cases – inefficiency of activity of state governing bodies on places, have caused requirement in the population to implementation of public legal proceedings in the course of which the legal consciousness of the population found the expression. It is proved that public legal proceedings have been directed to realization of norms of common law.
Authors and Affiliations
Anatolii Shevchenko, Sergiy Kudin
Keywords
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