Yatsyshyn Y. The concept of «conciliarness» in Ukrainian legal thought of the 19th – 20th centuries.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100065

Applicant for

Specialization

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

03-05-2023

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

On the basis of the analysis of the theoretical and source base, the dynamics of the transformation of the content of the concept of conciliarness in Ukrainian legal thought from the theological and philosophical to the legal understanding and the peculiarities of its implementation in the legal concepts of the 19th – 20th centuries have been followed. The author's definition of the concept of confraternity is proposed as an axiological category of Ukrainian legal thought, which determined the historical and legal tradition of national state formation through the achievement of political unity of ethnic Ukrainian lands in the absence of a national state and the preservation of its integrity under the conditions of sovereignty. The dynamics of the content of the concept of conciliarness is traced in the fact that if the members of the «Russian Trinity» in the almanac «Rusalka Dnistrova» published by them first publicly declared the idea of ethnic unity of the Ukrainian lands, then the members of the Cyril and Methodius Society proposed theoretical approaches to understanding the basic concepts of conciliarness, namely ethnic, national and political unity of the population. In the middle – the second half of the 19th century. in the ideological programs of the Ukrainophile currents of Galicia and Trans-Dnipro region, the concept of conciliarness was formed as a means of preventing the inclusion of Ukrainians in the «pan-Russian» space. A new paradigm of the national-political movement was formed, the basis of which was the slogan of belonging of Galician Ukrainians to the general mass of Ukrainians, which constituted the national idea and affirmed the concept of unity. The process of politicization of the national movement and the legal ideas of Y. Bachynskyi and M. Mikhnovsky finally approved the legal content of the concept of sobrality as a way to achieve the unity of ethnic Ukrainian lands and the declaration of a sovereign state. On January 22, 1919, the «Act of Zluka» of the UNR and ZUNR was concluded, proving the importance and effectiveness of the ideas of the conciliarness. It was established that in the middle of the XX century. the development of the concept of conciliarism was carried out in the environment of conservative, nationalist and national-democratic currents of legal thought, and the proclamation of the independence of «Carpathian Ukraine» (March 15, 1939) and the adoption of the «Act of the Restoration of the Ukrainian State» (June 30, 1941) were further examples of its practical implementation. In the conditions of independence, cathedralism should serve as a means of consolidating society, contribute to the formation of a political nation, and preserve the territorial integrity of the state.

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