PECULIARITIES OF THE CIVIL PROCESS IN THE REICHCOMISSARIAT «UKRAINE»: ANALYSIS OF COURT PRACTICE (1941-1944)

Abstract

The civil judiciary of our state has not always existed in the form it is now. It has evolved, changed, anvanced and this process has not been completed yet. The period of occupation by the German troops of Ukrainian territory was no exception. Despite the difficult realities of the war, social life continued: people parted, shared property, inherited, and so on, and all these processes are and were often ruled, both today and 80 years ago, by the court. With the occupation of Ukraine, the entire previous Soviet judicial system was destroyed and a new one had to be built. As a result of the normative lawmaking of the occupation administration, a “dual” judicial system was created on the territory of the Reichcommissariat “Ukraine”: German courts (courts that dealt with the case if one of the parties was of “Aryan” origin or the claim was above 5000 rubles) and system of Ukrainian civil courts (shlichter courts) (settling minor civil cases of the local population where the claim was below 5000 rubles.). The actual staff selection of the shlichters’ cameras, the jurisdiction of the cases and the procedural activity of the courts are the subject of this study. As a result of the normative lawmaking of the Reichcomissariat “Ukraine” occupation administration, local civil courts, created on the territory of the Reichcomissariat in the spring of 1942, resolved a wide range of civil disputes and became an effective means of maintaining peace and law enforcement among the local population. In this way, the Reichcomissariat “Ukraine” occupation administration created the appearance of qcalmnessq as well as law and order established in the local society.