THE FORMATION AND DEVELOPMENT OF THE SYSTEM OF STATE COURTS OF VOLHYNIAN VOIVODESHIP (1566–1795)
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to research of the system of state courts of Volhynian Voivodeship (time period from the second part XI century till end of XIII century). The author analyzed a competence, historical aspects of the formation and development of the system of state courts and basis of activity of castle’s courts, county courts, property courts, the Kaptur court and Lutsk Tribunal. For the most part, castle’s courts had considered criminal cases, county courts had solved civil cases and realized a notarial function, property courts had specialized in the settlement of land conflicts. The Kaptur court of Volhynian Voivodeship had operated in the period of vacant throne and temporarily removed the powers of the courts, traditionally formed by the king, and, consequently, it could not act in his absence. The Lutsk Tribunal was an appellate instance, whose jurisdiction extends to the decisions of the courts of Volyn, Bratslav and Kiev voivodeships.A characteristic feature of all the above-mentioned courts was that they were formed as a «gentry for the gentry», that is, they were aimed at resolving conflicts between representatives of this social group. The practice of some of these courts did not always justify itself, but it is only because there was no clearly established basis for activities and there was no support from the local nobility. It is undoubtedly a positive fact that the formation of an extensive system of courts, the expansion of their competence and a change in the approaches to the formation of personnel laid the foundations for the independence and self-government of the judicial system.
Authors and Affiliations
В. В. Колодяжна, Р. Л. Кислюк
Keywords
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