Hudoyar L. V. Sources of law in Zaporizhia Sіch
The system and specifics of sources of law in Zaporizhian Sich are highlighted.
Sources of law Zaporozhzhya Sich were the autonomous subsystem of active at that timein the Ukrainian lands of complex set of sources of law autonomous state formations:Hetmanat, Right-Bank Ukraine, Slobozhanshchina.
More important in system the sources of law Zaporizhian Sich had legal custom, administrativeacts and legal consciousness of Cossacks.
The norms of legal customs, as the autonomous subsystem, govern the legal relationship in Zaporizhian Sich to the eighteenth century in public and private law. In particular, electoral law, civil law, criminal law, finance law, administrative process, legal liability and legal proceedings, election-related military administration and military judges regulated by customary law. Customary law Cossacks regulated relations in land ownership.
Legal consciousness which was based on the idea of Cossacks of justice and moral values was the basis for making judicial and administrative decisions.
Military-administrative and executive power in Zaporizhian Sich not separated from the judiciary. Therefore, trial in the civil and criminal proceedings and examination of the various complaints and examination of the appeals largely be characterized as an administrative process. Decisions taken as a result of this trial, had the character of administrative acts.
Legal acts of the Zaporizhian Sich include norms both material and procedural law, individual dictates and regulations, “model” of specific decisions and individual rules of conduct.
An attempt to characterize the nature and extent of ordering regulatory framework to govern the administrative process that was the main type of legal activity in the current Host was done.
The peculiarities of the legal regulation of the administrative process in the Zaporozhzhya Sich, defined category of legal cases that were conducted during the administrative proceedings in the Zaporizhian Sich, highlights the types of administrative acts in Sich.
Based on the above provisions, it can be concluded, system of sources of law Zaporizhian Sich consists of the following elements: oral sources of law (legal custom, “stamp”); textual sources (written legal acts and regulatory agreements); social factors and sources origin of law as a social phenomenon; as a result of which their needs are met and carried interests.
Key words: Zaporizhian Sich, sources of law, administrative procedure, administrative acts, legal custom, legal awareness, oral and textual sources of law.
