ВПЛИВ МАГДЕБУРЗЬКОГО ПРАВА НА РОЗВИТОК МІСЦЕВОГО САМОВРЯДУВАННЯ В УКРАЇНІ (ХІV-ХІХ СТОЛІТТЯ) (Ukrainian)

This article analyzes the impact of Magdeburg Law on the development of local self-government in Ukraine (XIV-XIX centuries). The author emphasizes that Magdeburg Law is one of the most well-known systems of medieval city law which regulated various political, socio-economic and legal relations of those times. Geographically, it was spread in Central-Eastern Europe, and thus in the Ukrainian lands in the State of Galicia- Volhynia, and after its cessation - in the Ukrainian lands which became part of the Kingdom of Poland, the Grand Duchy of Lithuania, the Polish-Lithuanian Commonwealth, and the Russian Empire. Application of Magdeburg Law in Ukraine was noted for its widespread use by local self-government authorities of the Hetmanate cities and the Kiev city, as well as in the codification of Ukrainian law in the XVIII - early XIX centuries. Despite its broad application in Ukraine, Magdeburg Law is one of the least studied topics in Ukrainian historical and legal science. The article highlights the peculiarities of city law, including Magdeburg Law, and notes its openness and flexibility which contributed to its spread both spatially and mentally. For this reason, Magdeburg Law is part and parcel of European legal civilization and European legal culture. The author brings into focus high adaptability of Magdeburg Law to specific historical conditions and social needs of individual communities. The specific historical development of the Magdeburg Law principles and their detailed legal elaboration entailed its transformation into Ukrainian city law. It is noted that the Ukrainian people, using and developing Magdeburg Law, were in the common cultural and legal space with other European nations which form the basis of the European community today. In the Hetmanate, Magdeburg Law was the nation-wide law, since it was applied for administrative activities of cities, as well as by city and Cossack courts, and during the codification of Ukrainian law. Magdeburg Law, together with Kulm law, Saxon Mirror, Ukrainian customary law and regulatory legal acts of the Hetmanate authorities, became the main sources of the codification of Ukrainian law in the XVIII - first half of the XIX centuries. They are, in particular, "Process of Brief Orders" of 1734, "Economy in Brief", 1734, "Laws by Which the Ukrainian People Are Judged" of 1743, "Lesser Rus' Rights Written Out From the Books of the Statute, Saxon and Order" of 1744-1757, "Justice and Punishment in the Lesser Rus' Rights" of 1750, "Statute Book and Other Lesser Rus' Rights" of 1764, "Extract of Lesser Rus' Rights" of 1767, "Extract From Decrees, Instructions and Regulations" of 1786, "Collection of Lesser Rus' Rights" of 1807. etc. Magdeburg Law contributed to the establishment of civil society and democracy in Ukraine, regulated social life through the prism of legal rules, and laid a legal foundation for appropriate functioning of cities. Almost all of the Ukrainian cities which were part of the State of Galicia-Volhynia, the Kingdom of Poland, the Grand Duchy of Lithuania and the Hetmanate had Magdeburg Law. In the middle of the XVIII century, there were about one thousand cities which had Magdeburg Law. Magdeburg Law had a significant impact on the development of local self-government in Ukraine (XIV-XIX centuries). [ABSTRACT FROM AUTHOR]

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