This thesis is the first comprehensively study of the structure of the rule of law and the offence in works of Ukrainian folklore art. The folk genres of Kyiv region are considered through the prism of customary law, thus revealing the role and significance of their existence and the formation of the original legal science. The author describes the ethnic specifics of the region and its role and significance in the Ukrainian population and Ukrainian folk culture based on the analysis of scientific literature and historical and ethnographic data. Since the legal science was originated in the territory of the former Kyiv principality with political and economic center in Kyiv, the Kyiv region is chosen as a base of study and its genres are analyzed in the thesis.
The method of administrative-territorial division was chose to distinguish the study area. According to this method, the territory of Kyiv region was divided for the analysis of folklore materials and systematization of archival administrative cases in which the phenomena of customary law were identified. This methodological approach, firstly, counts the historical and cultural features of the development of the region (i.e., historical and ethnographic factor). Secondly, the analysis of the specifics of the judicial system and the institutions of customary law on the basis of folklore records requires the existence of court cases in which the elements of this law are described. First such cases were initiated and started in writing in the local (county, district) courts, and subsequently have been stored in local archives.
Common themes and motives between rural courts and plots of folklore of Kyiv region were revealed in the thesis during comparing of both cases. A comparative analysis allowed to reveal that different genres of folklore embodied different legal norms. A particular genre of folklore represents a certain type of law: parenim prose (proverbs and fraseologisms) is a collection of rules and regulations of customary law, various contractual relationships, particular rules whose violation may lead to criminal, administrative, disciplinary liability; lyrics (song of the spring-summer cycle, carols and shchedrivki, wedding songs) – labor and family law; ballads - mostly criminal law.
Common themes and motives between rural courts and plots of folklore of Kyiv region were revealed in the thesis during comparing of both cases. A comparative analysis allowed to reveal that different genres of folklore embodied different legal norms. A particular genre of folklore represents a certain type of law: parenim prose (proverbs and fraseologisms) is a collection of rules and regulations of customary law, various contractual relationships, particular rules whose violation may lead to criminal, administrative, disciplinary liability; lyrics (song of the spring-summer cycle, carols and shchedrivki, wedding songs) - labor and family law; ballads - mostly criminal law.
In order to trace the customary legal aspect in ballad texts, they are analyzed in terms of criminal law and element of an offense, since most ballads contain a certain factual basis of crime. A significant share of ballad plots have the motive and the element of an crime, in-dicating strengthened customary-legal aspect.
Thus, each folklore genre of the reseaching region represents particular rules of customary law, that manage relations in society and family.
