1. СТАНОВЛЕННЯ ПРАВА НА СУДОВИЙ ЗАХИСТ В УКРАЇНІ (ІХ-ХІV ст.ст.)
- Author
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Ю. В., Гоцуляк and О. В., Мартинюк
- Subjects
ECCLESIASTICAL courts ,JUDICIAL reform ,LEGAL rights ,NOBILITY (Social class) ,APPELLATE courts - Abstract
The article is devoted to the study of the process of formation of the right to judicial protection on the territory of Ukraine during the 9th-14th centuries. The authors established that during the emergence of statehood on the territory of modern Ukraine, a single and universal court for all social strata did not exist, and the institution of the court was not separated from other public authorities. At the beginning of the XI century through judicial reform, all courts were divided into public (state) and church. Public courts included princely, secular and public courts, while the system of ecclesiastical courts was made up of relevant instances at monasteries, dioceses and other church institutions. The jurisdiction of public courts extended to the entire free population of the state, except for the cler gy. The authors draw attention to the fact that the jurisdiction of the princely court formally extended to the entire population of the state, but de facto it considered cases where at least one of the parties were representatives of the feudal nobility of that time. Therefore, representatives of the highest social strata could fully exercise the right to judicial protection in the princely court. Under certain conditions, the right to judicial protection in the princely court could be exercised by representatives of all strata of the population (except personally dependent), but in such cases, the princely court probably acted as an appellate authority regarding decisions made primarily by publi c courts. The authors conclude that only the prince and the city community could exercise the right to judicial protection in the peer court. The most authoritative judicial institution among the population was the public court, and the right to legal protection could be exercised by all residents of the community without exception within the so-called «judicial district» (territory of the parish). In church courts, the clergy had a comprehensive right to appeal to the court of the local church hierarch or the metropolitan court. The secular population could exercise their right to judicial protection in the courts of ecclesiastical jurisdiction by appealing to the court of the local church hier arch. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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