Judiciary of the officers’ self-government in the UNR Army

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Judiciary of the officers’ self-government in the UNR Army

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue

Abstract

The paper, based on newly discovered archival documents, outlines the main aspects of the place of the military self-government of the UNR army in military administration of the UNR system. Particular attention is paid to the role and place of the judiciary of the military self-government of the UNR Army, reviewed and summarized the regulatory framework and the judicial courts of honor of various army divisions of the UNR period of the Ukrainian revolution of 1917–1921. It would be logical to assume, that the establishment of the Officers’ courts of honor reli- ed on the experience of imperial armies. However, there are significant differences. First is the ability of courts of honor at a self-selected bodies – the Officers’ Community, while the courts of honor of Germany, Austria-Hungary and Russia exist only at different levels of military units and formations. Incidentally, the very name of the body – he «community» – is not accidental and refers to a self-governing community as traditional foundations of social life on Ukrainian territory. Another interesting fact is that the courts of honor of UNR case considered absolutely not appropriate for the imperial court officer, but it is traditional Cossack self-judiciary. Specifically talking about marriage and family affairs, which percentage among other things is quite noticeable. Perhaps this continuity of traditional historical and legal institutions in the minds and mentality of Ukrainian troops can explain the preservation of the regulations and the judicial practice of the duels that substantially overlaps with the tradition of judicial duel and jud- gment of God (both convey the resolution of the case at the discretion of the higher natural authority) and which at this time was already forbidden and criminal persecution in Europe. The Officers’ court of honor in the UNR is a self-organized court with the corporate and caste principle, the principle of selection and separation of military and judicial organizati- ons. Some Russian researchers attribute courts of honor public organizations, but hardly can agree with this. The principal difference between government relations of NGOs is available in public law element. Even if the judicial authority is in its non-formation of the organizati- on, its legal personality is not a purely private law, as regards in particular and public rela- tions – the powers of the court and the security imperative of its decisions, certain aspects of jurisdiction. In addition, the organizational structure of the courts of honor in the UNR pro- vides additional reason to evaluate its legal status of petty government.

Authors and Affiliations

Anastasiia Ivanova

Keywords

history of law sources of law Ukrainian revolution 1917–1921 military self- government judiciary in the UNR Army the UNR army courts of honor in the UNR Army

EP ID EP434882
DOI -
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