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 I.DANILOVICH AS THE FIRST DEAN OF THE FACULTY OF LAW AT KYIV UNIVERSITY

2020 ◽  
pp. 51-57
Author(s):  
I. Sorokovyk
Keyword(s):  
Scientific Study ◽  
Legal Scholar ◽  
University Professor ◽  
The Law ◽  
Grand Duchy Of Lithuania ◽  
Xix Century ◽  
Grand Duchy

The article is devoted to the famous legal scholar of the first half of XIX century, the first Dean of the faculty of law at St. Volodymyr Kyiv University Professor Ignat Nikolaevich Danilovich (1788-1843). The article studies his scientific and pedagogical activities. The author emphasizes his role as the founder of the scientific study of the law of the Grand Duchy of Lithuania despite the distrust of the Imperial authorities. It is stated that this work was later continued by Ukrainian, Russian and Belarusian scientists.

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.

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.

LIETUVOS DIDŽIOSIOS KUNIGAIKŠTYSTĖS KARIUOMENĖS KASDIENINIO GYVENIMO STANDARTAI 1764–1788 M.

2018 ◽  
pp. 198-217
Author(s):  
Valdas Rakutis
Keyword(s):  
Armed Forces ◽  
Local Communities ◽  
Supply System ◽  
Ruling Elite ◽  
Ordinary Life ◽  
Economic Unit ◽  
Grand Duchy Of Lithuania ◽  
A Company ◽  
A Current ◽  
Grand Duchy

The article analyses ordinary life of the Armed Forces of the Grand Duchy of Lithuania in the period between the beginning of the rule by the King of Poland and the Grand Duke of Lithuania Stanisław August Poniatowski, and until the reforms by the Four-Year Sejm (1788–1792). In the period of interest it was a small (up to 4,000 soldiers), independent army, made up from national contractors, mostly cavalry detachments, the main unit being a flag of 30–100 soldiers, and the so-called foreign contractors (cavalry, infantry and artillery), the main unit being a company of 60–100 soldiers. In 1775–1777, division by contractors’ ethnicity was replaced with the territorial divisions. The main changes took place in the national cavalry, where two equally sized brigades of hussars and petyhorcy were created, whereas majority of foreign contractors were reorganized into infantry. Peace-time armed forces was an important factor for the Lithuanian public, the ruling elite and the local communities. Army was not a tool for use in large international politics, it was more of a current order preserving instrument. Army supply system was based on the independent economic unit, governed by the unit commander. Attempts by the Lithuanian Military Commission to impose greater control gave insignificant results, although the reforms of 1775–1775 were able to strengthen control of the treasury and procedures, making relationships more visible and transparent, and the actual composition of the armed forces was very close to the theoretical provisions. The economic weakness of the nation after the First Partition of the Polish-Lithuanian Commonwealth and lack of correlation between recovery of the treasury and army financing put bridles on the army, preventing it from development and change. In spite of all 1764–1788 reforms, the Lithuanian armed forces remained a stagnating institution, where routine and established traditions dominated over novelty and change. Keywords: Armed Forces of the Grand Duchy of Lithuania, ordinary army life, rule of Stanisław Poniatowski, Military Commission, Military Department of the Permanent Council.

Sign in / Sign up

Export Citation Format

Share Document