Historical and Legal Features of Implementation and Functioning of Magdeburg Law in Lutsk
DOI:
https://doi.org/10.32782/2409-4544/2020-1/4Keywords:
Grand Duchy of Lithuania, Volyn, Lutsk, Magdeburg law, charter, privilegeAbstract
The study of historical and legal features of implementation and functioning of Magdeburg law in Lutsk is relevant because it allows to study the processes of formation and development of the right to selfgovernment in Volyn’ main center in certain chronological and territorial frameworks. Based on the historical and legal analysis of the monuments of law, monographs and scientific works, the article describes the general characterization of the process of implementation and social nature of the Magdeburg law in the city of Lutsk, which was a part of the Grand Duchy of Lithuania. It is justified that the Magdeburg law of the Grand Duchy of Lithuania differed from similar (city) law in the German and Polish cities. It has been determined that Lutsk, as the center of a specific land, was granted a Magdeburg law charter in 1432 by the Polish King Wladyslaw (Jagiello), each subsequent charter was only detailing the legal norms established by the previous one. It has been established that the rules of the Magdeburg law regulated the socio-economic and social-legal relations, the court and the judiciary procedures, determined the measures of criminal punishment, regulated the internal statutory activities of merchant corporations, craft shops and trade. Thus, it can be argued that the Magdeburg law facilitated the formation of civil society in Lutsk, democracy and regulated social life on the basis of legal norms, and created the legal basis for the proper functioning of the city. On the other hand, the composition of the documents shows that the form of privileges dated 1432 and 1497 was standard and almost unchanged, since granting privileges to the city of Lutsk, the supreme rulers also had their own political goals, so each subsequent charter only detailed the legal rules initiated by the previous charter.
References
Archive of Southwestern Russia, issued by the Provisional Commission for the Analysis of Ancient Acts, established under the Governorate-General of Kyiv, Podilsk and Volyn. – Part 5, Vol. 1. Towns Acts (1432–1798). – K: Univ. typ., 1869.
Bilous N. Kyiv at the end of XV – in the first half of XVIII century. City Power and Self-Government / N. Bilous. – K.: Kyiv-Mohyla Academy, 2008. – 360 p.
Bilous N. O. Privileges on blasphemy to the Kyiv burghers of the Chepevchei / N. O. Bilous // Archives of Ukraine. – 2002. – № 4-6. – P. 241.
Bortnikova A. V. Introduction of the Magdeburg law in the city of Lutsk in the XV century. (charters dated 1432, 1497) / A. V. Bortnikova // Science visnyk of Lesya Ukrainka Volyn. nat. univ. / Lesya Ukrainka Volyn. nat. univ.; [ed.: S.V. Gavriluk and others]. – Lutsk, 2009. – № 22: Historical sciences. – P. 162–181.
Hrushevskyy M. History of Ukraine-Rus: in 11 volumes, 12 books. – V. IV: XIV-XVI centuries – political relations. – Ed. 2nd, extended / M. Hrushevskyy / [Ed.: P.S. Sohan and others]. – K.: Scientific thought, 1991 – P. 211.
Kapral M. National Communities / M. Kapral // History of Lviv: in 3 volumes / [ed. I. Isaevich, M. Lytvyn, F. Steblii]. – L.: European center, 2006. – Vol. 1. – P. 122.
Kobyletskyy M. Magdeburg law in Ukraine: XIV – first half of XIX century. Historical and legal research / M. Kobyletskyy. – Lviv: PAIS, 2008. – 406 p.
The Magdeburg Charters Body for Ukrainian Cities: Two Projects of Editions of the 1920s-40s of the XX Century / [order. V. Andreev and others]. – K.: Prime, 2000. – 214 p.
Levkovych I. Essay on the history of Volyn land (before 1914) / I. Levkovych. – Winnipeg, 1953. – 110 р.
Terskyy S. V. History of Lutsk, Volume 1: Lutchesk of the X-XV centuries / S. V. Terskyy. – Lviv, 2007. – 252 р.
Matsiuk L. The spread of Magdeburg law in the Volyn cities of the XV –– XVIII centuries / L. Matsiuk // Volyn through the eyes of young scientists: past, present, future: materials of I International scientificpractical conferense of aspirants and students. – Lutsk: Lesya Ukrainka Volyn State University. – 2007. – Vol. 1. – P. 12-14.
