The Evolution of Ukrainian Justice Under the Influence of the Church: For the 30th Anniversary of Ukraine’s Independence

Abstract

This article examines significant factors that y influenced the formation of the Ukrainian legal system, the structure of the judiciary, in particular, and political development in general. The main focus is the influence of the Orthodox Church. The normative provision of ecclesiastical jurisdiction, which was formed in the first centuries after Christianisation, was reflected in the complex of sources of law. The symbiosis of national and foreign, ecclesiastical and secular regulations, as well as the need to understand Greek sources, gave rise to the need to create their own codification collections called Kormcha Books, which became the main source of law for ecclesiastical practice in Ukraine. The jurisdiction of the Orthodox Church in the Ukrainian territories included the administration of justice in specific categories of cases, which are analysed in detail in this article. Subsequently, the separation of jurisdiction between church and secular authorities formed the basis for the formation of tense state-church relations, which provided each other with political support. The influence of the Orthodoxy on the formation of the judiciary is analysed, as the church institution becomes one of its structural elements, as well as the influence on the legal system because religion is a catalyst for the formation of new legal norms that meet the principles of justice and morality. As a result, the influence of the church on the formation of civil society in modern Ukraine, which should operate on religious and ethical values, becomes obvious. The structure of the church judiciary in Kyivan Rus had a three-tier system, which can be assessed as a prototype for the formation of the later secular system of justice in modern Ukraine. The article also analyses the jurisdiction of the ecclesiastical court in Kyivan Rus, which was clearly defined, enshrined state origin in the sources of ecclesiastical law, and remained unchanged throughout the existence of the state. Additionally, it traces the process of consideration of cases in the ecclesiastical courts of the Kyivan Rus state, which had special features. The first is that in Kyivan Rus, slaves and servants who were not subjects of secular legal relations had the right to take part in the process. It seems probable that the change in approaches to determining the circle of participants in the church-judicial process was due to the need to spread Christian ideas, precepts, and principles to the general public, including servants and slaves. For the Orthodox Church, which promoted its doctrine and came under the rule of polytheism, the priority was to gain recognition and public support, to conduct missionary and educational activities, and to use cultural and educational influence to root its religion and canonical precepts in all parts of the Kyivan Rus state