Bereza O. Development of іnternational treaty con-ception in the ukrainian law practice.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005345

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

19-06-2012

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

This tesis devoted to arising and development of international treaty conception in the ukrainian law practice. The object of research is treaty relationships in the history of Ukrainian state and his international subjectivity. The subject of research are: stages of development of inter-national treaty and particulars of each stage, ideas, norms and rules for regulation of treaty practice. The main gole of the research to depend and ground continuity and regularity of developing of treaty conception in the ukrainian historical process. From VII century B.C., owing to Greek colonization of the south of ukrainian lands arised conditions for developing international relations on the fundamentally new bases - freedom, democracy and european world outlook. Diplomatic embassy of the old slavs in 838-839 years, first inter-national treaty of Kiev with Byzantine in 860 yers gave evidences that Kiev principality had formed as international law subject. Prince Askold and his round-up accepted christianity and continued historical relations with Greeks. International treaties of Kiev principality laid down law bases for Kievan Russia and other subjects of international treaty practice. Kiev state at the time of Ascold became the important political and prosper trade center in the Eastern Europe. It confirms once more the conception, that in Kiev rather than in Novgorod the Russia begins. Next stages in development of international treaty conception includes the prosper of Kiev Russia, struggle between princes after the death of Yaroslav Mudriy, Mongols attacks and occupation, Lithuania-Poland and Great Moscow principality, Russia empire and Soviet state influence. The relationships between princes when struggle regulated via international treaty institute. The struggle between princes and necessity of defense of principalities from outer enemies requested new arrange-ments for settlements of debates - the interprinces conferences. International treaty practice continued and because of this outer border of Kiev Russia became stable. Following removal of center of international treaties activities to Galicia-Volhynian principality and influence of Mongols law on the territories of former Kiev Russia marked new stage of development of international treaty conception. In results of transformation of Mongols empire ukrainian lands were occupied by new states. Activity of Lithuania then Poland on ukrainian territory predestined the particulars of the next stage of international treaty conception development. The Great Moscow principality forned his spirituality on the old Kiev values. When the Russia empire and Soviet state period in developing of international treaty conception was realized in experience of ukrainians in Russia foreign policy, in developing of international law science by Ukrainian scientists, which later formed two law schools, - Kiev and Kharkov schools. When analysis international treaty practice was taken in consideration the becoming of Ukrainian community and his state as interaction of international subjectivities. The last part of dissertation devoted to problems and prospects of developing of modern international treaty law and Ukraine treaty law as reflects of conception move in the presence and in the future.

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