"ПРАВА, ЗА ЯКИМИ СУДИТЬСЯ МАЛОРОСІЙСЬКИЙ НАРОД" 1743 р.: ОСОБЛИВОСТІ ПОБУДОВИ ТА КІЛЬКІСНІ ПОКАЗНИКИ

Abstract

Ukraine is undergoing complex and ambiguous processes of legal system reforming within which a significant number of normative legal acts were adopted, which in many cases do not take into account the national peculiarities and traditions of the Ukrainian people. In such circumstances, it is necessary to refer to the experience gained during the existence of the Cossack-Hetman state, which was the codification of Ukrainian law resulted in the preparation of "Rights of the Little Russian people" in 1743. This monument of law was to regulate the legal system, to replace a significant number of sources of law and prevent the spread of imperial law. For the first time, the method of quantitative indicators was used to study the ancient monument of law, which included calculations of the number of characters in the whole document, chapters, articles and assessment of the uneven distribution of material. According to the calculations, the largest number of signs falls on Chapter 20 – 126175 or 11,9%, devoted to liability for serious crimes, in second place, Chapter 16, devoted to civil law, contains 83,839 characters, or 7,9%, in third place is Chapter 8, which deals with procedural issues related to litigation, has 83,360 marks, or 7,8% of the total material. These results prove that the authors of the law memo pay considerable attention to the issues of liability for criminal offenses. For the purpose of comparative analysis, similar information on the quantitative indicators of the Statute of the Grand Duchy of Lithuania of 1588 was used, which showed that in this monument of law the largest number of signs is 29,7% of the total number of courts and judiciary. It is shown that both monuments of law have a significant uneven distribution of textual material, and their coefficients of variation are approximately the same. When systematizing the material by branches of law, it was proved that the greatest attention – 33,1% was paid to issues of civil law, the second place is occupied by issues of criminal law, which is 21,6%, the third place is occupied by rules related to procedural law – 17,8%. The obtained quantitative indicators reflect the process of property formation and the need to regulate property relations. The content of the monument also includes such areas as land, administrative, procedural, environmental law. The provisions of the monument affected the decisions made at the Congress in Hlukhov by Cossack officers in December 1763. The rights under which the people of Little Russia are being tried ”in 1743. In general, the value of this study is to quantify this monument of law, which allows moving from descriptive to digital analysis of regulations and identify areas of legal regulation, which the most attention has been paid to.