乌克兰法律的历史:概念,istoriografìcal和比较组成部分的识别

P. Zakharchenko
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引用次数: 0

摘要

分析了“乌克兰法史”范畴的研究方法,提出了“乌克兰法史”范畴的作者定义和历史维度的分期。确定了基辅塔拉斯舍甫琴科国立大学法学院法律和国家历史系的理论方针,其中包括承认国家研究所的法律权利。在我们看来,随着国家的出现,法律的历史表现为国家立法的历史,它与国家的监管活动——其行政和司法机构、军队、警察和惩罚机构的组织和活动——的关系和相互依存。作者认为,这个故事表明社会可以在环境的坐标中稳步发展,扎曼环境工具的功能是正确的。文章的目的是研究乌克兰法的历史:概念,istoriografìcal和其识别的比较组成部分。据称,这是第一次“乌克兰法的历史”的定义不是在乌克兰实施,而是在其边界之外。1917 - 1921年乌克兰革命失败后,大批律师,其中包括法律史学家,被迫离开祖国,在东欧邻国定居。在20世纪20年代初乌克兰移民的情况下,出现了这样一本教科书。这种首要地位属于几位研究乌克兰侨民的研究人员,他们没有历史、历史、法律来源和档案材料,在苏维埃乌克兰的图书馆和档案基金中占绝对多数。然而,在这些条件下,他们能够为形成适当的科学知识领域奠定基础。值得注意的是,在流散中保存的传统的继承者可以被称为塔拉斯舍甫琴科基辅大学法律系的法律和国家历史系,其成员多年来不仅主张“乌克兰法律历史”这一教育主题的名称,而且还证明了它与罗斯国家权利的遗传联系,以及后期其他民族国家的形成。讲师们写了几本关于乌克兰法律历史的手册。特别强调的是亚历山大·舍甫琴科的作品,他是几本教科书和手册的作者,这些教科书和手册仍然广泛用于乌克兰法学院的教育过程。在其中一篇文章中,舍甫琴科提出了乌克兰法律的分期问题,其中主要标准是由法律渊源的演变决定的。在这些立场上是拟议出版物的作者。在文章的最后部分,着重举例说明了乌克兰法与俄罗斯法在演变、本质和内容上的差异。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification
The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.
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