Matselyukh I. Genesis of the Institute of Legal Responsibility in the Sphere of Regulation of State-Church Relations in Ukraine (IX – XVII century)

The thesis is a full-fledged academic paper devoted to the study of the evolution of the institute of legal responsibility in the church law of medieval Ukraine. More specifically, it analyzes the concept of ecclesiastical law, canon law, emphasizing that the latter is an integral part of the former. It is argued the aforesaid institute is comprised of church offense and punishment. Also, given investigation takes up the incipient debates about the conceptual frameworks and practical issues on the means of judicial coercion provided for by sources of ecclesiastical law. Special emphasis is placed on the systematization of functions that are performed by institute of legal responsibility. It is proven that along with preventative function, it fulfils also other missions. Empirical research of the data concerning the formation of the investigated institute during the Roman and Byzantine Empires allows the author to mark out three separate stages in its development. It is illustrated that its formation was interfaced with the prominent historical events. Legal responsibility in church law takes its roots during the period of legalization of Christianity by the Roman Empire in 313. The further formalization took its place at the epoch of the Ecumenical Councils and the legislative activities of the Byzantine emperors. The author identifies two normative grounds for legal responsibility in church law, and their distinctive features.