scholarly journals LEGAL REGULATION OF PRE-TRIAL PROCEEDINGS IN CRIMINAL PROCEEDINGS ACCORDING TO THE STATUTES OF THE GRAND DUCHY OF LITHUANIA

2020 ◽  
pp. 61-65
Author(s):  
Yu.P. Shkaplerov
Keyword(s):  
Legal Regulation ◽  
Criminal Proceedings ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

scholarly journals Institutions of the Judiciary in the Grand Duchy of Lithuania (XIV-XVI centuries): structure, classification, competence

2019 ◽  
pp. 151-163
Author(s):  
P. Zakharchenko
Keyword(s):  
Middle Ages ◽  
Rural Areas ◽  
State Courts ◽  
Criminal Proceedings ◽  
Government Officials ◽  
Criminal Cases ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
The Right ◽  
Grand Duchy

The article deals with the classification of the judiciary in the Grand Duchy of Lithuania (hereinafter referred to as the GDL), which included most Ukrainian lands during that period. The purpose of the work is to identify institutes of justice that were active during the Middle Ages in the GDL, to study their structure, to classify and competence each of them. Following the majority of researchers in the history of national law, the author shares the view that the three stages of the evolution of the organization of justice in the specified period. The periodicisation is based on the well-known principle of court ownership, distinguishing state and non-state courts. Characterization of each of the judicial institutions is carried out. It noted that state courts were under the direct jurisdiction of the Grand Duke and his government officials, while non-state courts were not subordinate to government officials, but their decisions were found to be legitimate. Such courts have arranged both the Grand Duke of Lithuania (the master) and the general population, since the former sought to relieve the courts, and the latter sought opportunities to resolve the dispute on the spot, without long journeys and the pecuniary expense of keeping the letter and spirit of the law. The author pays the most attention to land courts created on the basis of customary Ukrainian law. They originated in the fourteenth century. from the tradition of the Russian faithful courts. It is considered by public courts operating throughout Ukraine's ethnic territory, mostly in rural areas. Cities and towns that were not in Magdeburg law were also included in the land area. Representatives of various sections and strata of Ukrainian society participated in his work, starting with the peasantry and ending with the nobles-government. Attention is drawn to the jurisdiction of land courts in criminal proceedings. It has been proven that property crimes - theft, robbery, robbery, arson - were distinguished from criminal cases considered by land courts. Qualified death penalty was practiced, first of all hanging, burning, quartering. Initially, all the inhabitants of the land district (suburbs) came under the jurisdiction of the land courts, but subsequently the nobility was granted the right to sue the commercial court. The findings of the paper stated that despite the variety of judicial institutions, the competence of each court was sufficiently clearly defined.

scholarly journals GENESIS OF THE LEGAL REGULATION OF PRE-TRIAL CRIMINAL PROCEDURE IN THE ANCIENT BELARUSIAN LANDS

2021 ◽  
pp. 137-140
Author(s):  
Y. Shkaplerov
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Grand Duchy Of Lithuania ◽  
Xix Century ◽  
Grand Duchy

The article considers the genesis of the legal regulation of pre-trial criminal procedure in the ancient Belarusian lands from the beginning of the XI century. In particular, the provisions of the senior written source of Kievan Rus law – Russkaya Pravda, which regulates such procedural institutions as “svod”, “gonenie sleda”, are analyzed. Thus is considered their essence and opinions of various authors on the designated problems. The author focuses the attention on the fact that the legal regulation of traces fixation of socially dangerous acts, determined by some provisions of the Russkaya Pravda, was taken by the legislator after some centuries and reflected in the Statutes of the Grand Duchy of Lithuania in 1529, 1566, 1588, which were in force on the Belarusian land until the XIX century.

scholarly journals The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects

2018 ◽  
Vol 5 (2) ◽  
pp. 130-136
Author(s):  
Ihor Muronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Documents ◽  
Grand Duchy Of Lithuania ◽  
Development Prospects ◽  
Grand Duchy ◽  
Land Code

The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.

scholarly journals The Document in the Hierarchy of Evidence of the Legal Process in the Grand Duchy of Lithuania in the Late Fifteenth Century and the First Half of the Sixteenth Century

2020 ◽  
Vol 46 ◽  
pp. 8-24
Author(s):  
Irena Valikonytė
Keyword(s):  
Fifteenth Century ◽  
Legal Regulation ◽  
Legal Process ◽  
Judicial Process ◽  
Judicial Affairs ◽  
Legal Evidence ◽  
Legal Power ◽  
Late Fifteenth ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

The discussion on the legal power of documents generated by the researchers exploring the written culture of the Grand Duchy of Lithuania in the fifteenth and sixteenth centuries invites for a more detailed analysis of the usage of a written document in the legal process, the chronology of its legal regulation, the document’s place in the system of evidence as well as its meaning in the legal consciousness of the nobles. The legal proceedings and rulings recorded in the judicial affairs books incorporated into the Lithuanian Metrica reveal the process when, with the development of the written culture and the increase of the demand for documents in the state’s internal affairs, the written document evolved into an independent and sound legal evidence in the judicial process. In the civil cases, primarily concerning the land ownership, the legal power of a written document was recognized already in the middle of the fifteenth century (although there was no peremptory requirement to present written documents in the judicial process), and approved by the extended edition of the First Statute of Lithuania. In the late fifteenth and early sixteenth centuries, the long-lived “colorful robes of justice” (the oath, the gesture, the placing of one’s cap) were replaced in the system of legal evidence by written documents which, from then on, were considered as more reliable evidence than a personal oath, and, in some cases, even a testimony. Eventually, this view found its place in the consciousness of the nobles who documented their transactions and used documents to solve legal conflicts. Moreover, in Lithuania, unlike in the Kingdom of Poland, the judges considered not only the public, but also the legitimate private documents as legal evidence of equal importance. Although, the hierarchy of legal evidence, that prioritized the documents was embedded only in the Second Statute of Lithuania (chapter IV article 52, entitled “On evidence and defense” (O dovodech i otvodech), the analysis of sources allows to decisively affirm that the main source of the aforementioned article was the practice of the courts in the late fifteenth and early sixteenth centuries.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

Manuscript Catalogs and Inventories of Books from the Lands of the Grand Duchy of Lithuania – Some Problems of Publishing Rules

2012 ◽  
Vol 2 ◽  
pp. 107-121
Author(s):  
Lilia Kowkiel ◽  
Arvydas Pacevičius ◽  
Iwona Pietrzkiewicz
Keyword(s):  
Primary Source ◽  
Digital Form ◽  
Historical Sources ◽  
Historical Texts ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy ◽  
Book Culture

Historians and publishers of historical sources have a lot of problems with the texts written in different languages and alphabets, which were created at different times, in the multilingual areas inhabited by many nations following different religions. The historians of book culture have the same problems with texts of inventories and catalogues of books, which are the primary source of knowledge about the content of libraries. At present it’s also important the historical texts to be published in the digital form. This article is a part of the discussion on this very important subject.

D?r al-?arb as the Motherland? The Muslim Tatars of (the Grand Duchy of) Lithuania and Social Contract

2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius
Keyword(s):  
Twentieth Century ◽  
Social Contract ◽  
Social Consequences ◽  
Nation State ◽  
The Social ◽  
State And Society ◽  
Muslim Minority ◽  
Grand Duchy Of Lithuania ◽  
In The Beginning ◽  
Grand Duchy

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.

“History Misappropriation or Compreension?” (Russian Lihuanian Studies in the 19th and the Beginning of the 20th Century)

2020 ◽  
Vol 58 ◽  
pp. 219-236
Author(s):  
Andrey Yu. Dvornichenko
Keyword(s):  
20Th Century ◽  
Russian Empire ◽  
Soviet Period ◽  
Medieval History ◽  
Scientific Paradigm ◽  
Russian State ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

The abundant Russian historiography of the medieval history of Grand Duchy of Lithuania (Lithuanian-Russian State) has become in the last decades the centre of the discussions and is often subject to groundless criticism. This historiography was not very lucky in the Soviet period of the 20th century either, as it was severely criticized from the Marxist-Leninist position. When discussing Russian historiography the author of this article is consciously committed to the Russian positions. There are no reasons to consider this historiography branch either Byelorussian or Ukrainian one, as that was really Russian historiography, - the phenomenon that formed under the favorable specific conditions of Russian Empire before the beginning of the 20th century. The said phenomenon can be studied in different ways: according to the existing then main trends and schools or according to their affiliation with specific universities of Russian Empire. But according to the author of this article the best way to study the issue is in accordance with the main concepts of history. And then the pre-revolutionary historiography appears as an integral scientific paradigm that turns out to be the most divaricate branch of the Lithuanian studies of the time. It created, in its turn, the most vivid and objective historical picture that can still serve as the basis for the studies of Lithuanian-Russian state.

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