Matselyukh I. Sources of canon law of the state origin in Ukraine (X - mid - XVII centuries).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U005487

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

27-09-2013

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to sources of canon law of the state origin, taken over X - the middle of the XVII century. The analysis of the development of scientific problems and sources that have an empirical base for the study is contained in its three sections, specifically introduction and conclusions, the main tasks are identified, methodological principles underlying the thesis are disclosed. The study analyzed the general and special literature on the problems of the study. It is offered to classify published works by origin into five historicographical groups: pre-revolutionary, developments of representatives of the Ukrainian emigration, Soviet, Russian, and contemporary domestic. The thesis deals with the problem of terminological clarity and meaningful sources of canon law concepts and approaches to their classification. In terms of law a general classification of sources of canon law is offered: religious sources, state sources of canon law, sources of law established by common law-making of church and state. It is traced the development of church-state legislation in chronological range from the establishment of the Christian church to the fall of the Byzantine Empire, which was divided into three periods. It is considered judgments of Grand Prince of Kyiv, share certificates and grants of feudal princes of the Rus. Their comparison with the canon law of Byzantium was conducted. As a result the similarity of certain norms and significant differences between them were detected. Conclusions about rethinking of borrowed prescriptions, priority of local traditions that took into account particularities of national legal system were the main dominant of the unit.

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