“But
the people that (Lithuanians) tribute animals, honey, brooms, bark and other
Rus’ princes served. When he (the
people Lithuanians)
felt that his masters (Rus' princes)
were smashed by the Tartars, he grew up... started residues Rus' commit
violence and final devastation; devastated land inhabited his people and
extended its power on weakened Rus'.
And
slowly over time (the Rus’ land) took from the Tatars in his possession and
began to enjoy its wide spaces, and Baskakov, ie clerks that were collected
from her tribute to the Tartar king, drove ...” - Chronicle of Kyiv Michael's
Monastery about the beginning capture by Lithuanian feudal lords of the
Ukrainian lands in 1362 p.
Destruction
of Kyivan Rus' has led to the fact that its lands were under
the leadership of the neighboring countries, especially Poland and Lithuania.
In a sense, Ukrainian lands, which became part of the Duchy of Lithuania, had a
considerable impact on its state-legal development.
After
joining the Ukrainian lands the population of the Grand Duchy of Lithuania by
90% consisted of Ukrainians and Belarusians.
At
the beginning of the Lithuanian authorities adhere to the rules, "we do
not destroy the old days and do not introduce new". Between the Grand Duke
and the local nobility concluded agreements ("rows"), which Ukrainian
princes and boyars were obliged to serve the Grand Duke, and Duke - to protect
the land from the Tatars. Rus'
principalities were stored autonomy in the Grand Duchy of Lithuania. Polity,
public order, the legal system was remaining the same as for entry into
Lithuania. The official language was the Old Slavonic language.
High
level of culture, the legal forms and traditions of the Ukrainian lands have
contributed to the evolution of the Grand Duchy of Lithuania into Lithuanian-Russian
state. Centuries-old traditions of Ukrainian statehood were not interrupted,
but further their development was limited to local government.
Lithuanian-Russian
law largely inherited and continued the Old Rus’ customary law. Of particular
importance are the Lithuanian Statutes - outstanding monuments of Law of
Lithuanian, Ukrainian and Belarusian peoples. In content, the high level of
legislative technique, they were considered as one of the most progressive
legislation of the European legal thought at the time.
The Statutes consist of three legal codes The main purpose of the First Statute was to standardize and collect
various tribal and customary laws in order to codify them as a single document.
The First Statute was drafted in 1522
and came into power in 1529 by the initiative of the Lithuanian Council of Lords. It has
been proposed that the codification was initiated by the Grand Chancellor of Lithuania Mikołaj Radziwiłł as a reworking and expansion of the Casimir Code. The
first edition was redrafted and completed by his successor Albertas Goštautas, who assumed the
position of the Grand Chancellor
of Lithuania in 1522.
The second statute went into effect in
1566 by the order of King of
Poland and Grand Duke of Lithuania, Sigismund II Augustus, and was larger
and more advanced. The Grand Duke did this because of pressure from the Lithuanian nobility, as the expansion
of nobles' rights since the publication of the first statute had made it
redundant. The second statute was prepared by a special commission, consisting
of ten members, appointed by the Grand Duke and the Council of Lords.
The Third Statute was accepted in
1588 in response to the Union of Lublin, which created the Polish-Lithuanian Commonwealth. The main
author and editor of this statute was the great Chancellor of Lithuania Lew
Sapieha of Ruthenian origin. The statute was the first one to be printed (in
contrast to the handwritten statutes before) in Ruthenian language using the
Cyrillic alphabet. Translations of the statute were printed in Muscovite Russia
and also in Poland, where at that time laws were not thoroughly codified and
the Lithuanian statute was consulted in some cases where respective Polish laws
were unclear or missing.
1529, 1566, and 1588 - all written in an Old Chancery Slavonic language,
translated into Latin and later Polish. They formed the basis of the legal system of the Grand
Duchy of Lithuania.
The Statutes of Lithuania were a sign of the
progressive European legal tradition, and were cited as precedent in Polish and
Livonian courts. Furthermore, they had a major influence on the 1649 encoding
of the Russian legal code, Sobornoye
Ulozheniye.
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