ШЛЯХИ РЕЦЕПЦІЇ РИМСЬКОГО ПРАВА У ПРАВОВІЙ СИСТЕМІ КИЇВСЬКОЇ РУСІ

Abstract

The article is devoted to the study of the historical ways of reception of Roman law in Kyivan Rus. The basis of the analysis are historical and scientific sources, among which the main factors that determined the peculiarities of the process of assimilation of the provisions and principles of Roman law into the legal system of the medieval Ukrainian state were identified.First of all, the author focuses attention on the importance of the reception of Roman law for the Romano-Germanic legal family, because the legal system of modern Ukraine obviously embodies the result of the evolution of Roman law in the field of national legal culture. Attention is drawn to the need for a thorough study of the historical dialectical connections of the national legal system with Roman law, as its ideological, doctrinal and historical foundation. The scientific opinion of Ukrainian researchers O.A. found its continuation. Podoprigory and E.O. Kharitonov regarding two ways of reception of Roman law: Western European and Byzantine. The author provides a detailed analysis of each of them and gives specific examples of specific historical documents. At the same time, it comes to the conclusion that a combination of Byzantine and Western European methods of reception of Roman legal provisions took place in Ukraine. It is noted that each of the ways of reception of Roman law prevailed at a certain stage of the development of our country's statehood. Thus, it was concluded that at various stages of historical development, Ukraine assimilated the provisions of Roman law through the mediation of Byzantine (Greco-Roman) law and by borrowing Western European models. For the early medieval period, a characteristic form of reception was the borrowing of Roman legal norms in their Byzantine edition. Which is explained by the significant economic, political, religious and cultural influence of the Byzantine Empire on Kyivan Rus. The author defines the following as the main ways of penetration of Roman norms and principles into the legal system of medieval Russia: diplomatic activity and the signing of interstate treaties, the activity of the church in the translation of acts of canon law, the lawmaking activity of the princely administration, which tried to implement Greco-Roman legal norms into the legislation of Kyivan Rus, adapting them to new realities, as well as the general influence of the Byzantine political and legal culture on the public and political life of the ancient Ukrainian state.