Cossack Law of the Hetmanate as a Political and Legal Phenomenon
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DOI: 10.36695/2219-5521.1.2021.02
UDC [323.2:34] (477) 16-17»
V MAKARCHUK, I. TERLYUK, A. LYTVYNENKO
Volodymyr Makarchuk, Dr. hab. in Law, Professor of
the National University Lviv Polytechnic*
ORCID: 0000-0001-5441-0468
Ivan Terliuk, Ph.D. in History, Associate Professor of
the National University Lviv Polytechnic**
ORCID: 0000-0002-0900-4388
Anatoliy Lytvynenko, Doctoral student of Lviv Univer-
sity (Lviv, Ukraine), MRes & Ph.D. student of Robert
Gordon University (Aberdeen, Scotland), Doctoral stu-
dent of Baltic International Academy (Riga, Latvia),
LLM student of the Interregional Academy of Personnel
Management***
ORCID: 0000-0001-7410-5292
THE COSSACK LAW OF THE HETMANATE AS A POLITICAL
AND LEGAL PHENOMENON
Statement of issue. The discipline named History of State and Law of Ukraine is mandatory for learning in
higher educational institutions. Even a brief overview of any monograph or textbook would anticipate that Ukraine's
geographical territory has to be conceived under the word Ukraine, and the Law of Ukraine is a broad term
which not only may refer to modern Ukrainian legislation and jurisprudence. Thus, in a historical context, under the
term Law of Ukraine various legal norms acting in a certain time fragmenton are referred to. Upon such a consid-
eration, under the Law of Ukraine one may also conceive the law of antique colonial towns, the Restatement of
Laws of the Russian Empire (in the times of the Russian Empire reign), and even the directives of German occu-
pational forces in 1940s, as for a more obscure example. It is apparent that owing to the lack of Ukraine's standalone,
or its termination, the vast majority of the legal norms were laid down by the historical conquerors, and so they hard-
ly could be adjusted to the mentality of local Ukrainian folk, its concepts of law and equity. Therefore, the sit-
uation somehow reminds a famous Russian proverb: I became married without myself'. At the same time, an
inalienable part of the Law of Ukraine could be represented as an entirely-Ukrainian-law, which is created by
the national political elite considering the Ukrainian mentality. In fact, the germinators of such type of laws were
not necessarily ethnical Ukrainians, for instance Pylyp Orlyk, the creator of Orlyk's Constitution, had been a repre-
sentative of a Germanized Czech family.
Hence, the key qualifying features of The Law of Ukraine are the following. Firstly, its standalone (which
does not exclude adapted judicial legacy borrowed from developed countries). Next goes the adjustment to the legal
ideals and concepts of the majority of the Ukrainian folk as a political nation. Thirdly, the law of Ukraine has got
ties to the territory of modern Ukraine. In such a view, the Rus'Justice cannot be formally recognized as a source
© V. Makarchuk, I. Terlyuk, A. Lytvynenko, 2021
* BornoduMup Cmenanoeuu MaKapuyK, doxmop lopuduunux nayx, npopecop Incmumymy npaea, ncuxonoaii ma innoeaYiuno
oceimu Hayionanbnoao ynieepcumemy aJlbeiecba nonimexnixa>>
** Isan Xpocraaoauu TepmoK, Kandudam icmopuunux nayx, doyenm Incmumymy npaea, ncuxonoaii ma innoeaYiuno oceimu
Hayionanbnoao ynieepcumemy a(lbeiecba nonimexnixa>>
*** Anamoniu Anamoniuoauu Jlumauueuo, acnipanm JlbeiecbKoao natyionanbnoao ynieepcumemy im. clpaHxa (Jhleie, Yxpaina),
acnipanm Yniaepcumemy im. Po6epma I'opdona (A6epdin, ILLomzandi), doxmopanm Ea-zmiucbxoi miweHapodno axadeMi (Puaa,
Jlameai), cmydenm maaicmpamypu sa nanpmom aHpaeo>> Micpeaionanbnoi Aademiynpanin n nepconanom (Jieje, YWpaina)
22](ViewImageLocal?handle=hein.journals/lrkyivu2021&div=7&collection=&method=preview&ext=.png&size=3)
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Cossack Law of the Hetmanate as a Political and Legal Phenomenon
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