Oliinyk Y. Legal bases of the organization and function of the Court of Appeal of Lviv during the Second Commonwealth of Poland: historical and legal research

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102314

Applicant for

Specialization

  • 081 - Право. Право

15-09-2021

Specialized Academic Board

ДФ 35.051.031

Ivan Franko National University of Lviv

Essay

In the dissertation on the basis of the analysis of normative-legal acts, operating in the territory of Galicia in the studied period, scientific literature, archival documents and other written sources the legal bases of the organization and activity of the Court of Appeal of Lviv as a part of the Second Commonwealth of Poland In the dissertation research the theoretical generalization of the historical experience of the organization and activity of the Court of Appeal of Lviv as a part of the Second Rzeczpospolita (1919–1939) is carried out. The study of this important scientific problem provided an opportunity to substantiate the author's conceptual vision of the development of Polish judiciary and European legal traditions in Galicia. It was at the beginning of the twentieth century. In line with the implementation of Polish policy in Western Ukraine, the Court of Appeal of Lviv was established as an important state and legal institution, which became an important judicial body for reviewing contested decisions and judgments of lower courts of the Second Commonwealth to protect human rights and interests in the period under study. It is emphasized that in Ukrainian legal historiography from modern methodological positions a comprehensive historical and legal analysis of the place and role of the Court of Appeal of Lviv (1919-1939) in the state mechanism of the Second Commonwealth. Based on a systematic historical and legal analysis of the legal nature and genesis of the Court of Appeal of Lviv, the influence of socio-political factors on the conditions of its functioning is comprehensively revealed and it is found that the legal basis of the organization and activity of the court was largely based on modified Austrian legislation. heir of the Supreme Regional Court of Lviv, which functioned from the middle of the XIX century until 1918). It is shown that the Lviv Appellate District, which included the courts of Lviv, Ternopil, and Stanislaviv Voivodeships, differed from other appellate districts of the interwar Polish-Lithuanian Commonwealth by a national population structure dominated by Ukrainians, while judges in Galician courts, including the Court of Appeal of Lviv by Poles. It was revealed that in cases of appeal against the court verdict, the Court of Appeal of Lviv reviewed the decision of the court of first instance: upheld, partially satisfied or revoked it. As a higher court, he had the right to remand the case to the same court that had already heard the case, or to another court of the same instance within the Lviv District of Appeal. It was found out that the Court of Appeal of Lviv carried out law-making activities, which were manifested in the issuance of bylaws (circulars) designed to ensure the implementation of regulations of legislative, executive and higher judicial authorities. Scientific and theoretical provisions on the conditions of functioning of the judicial system of the Second Commonwealth of Poland were specified, the peculiarity of which was the use of the legislation of the states, which until 1918–1919 included Polish, Ukrainian and Belarusian lands. It is noted that under the influence of the political situation in the judicial system of the Second Commonwealth of Poland, in particular in the personal structure of the Court of Appeal of Lviv was dominated by Poles. The system of general courts in interwar Poland, which consisted of county, district, appellate courts and the Supreme Court - the Court of Cassation in civil and criminal cases, is analyzed.

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