The Outset of Law in the Territory of Ukraine in the Antique Times / Зародження права на території України в античну добу (original) (raw)

The socio-political processes underway in Ukraine in recent years and intensive development of civil society institutions give the utmost urgency to the issue of functioning of a legal system which would be adequate to modern realities – the system designated to positively impact the nature of social changes, contribute to the humanization of State and law, raise the efficiency of legal regulation, and form a high sense of justice, both public and individual. In this context, the historical experience of lawmaking accumulated by the people over thousands of years also has its role to play in these processes. After all, the thousand-year existence of ancient States within the current Ukrainian territories has left a deep imprint on law of subsequent generations. This article aims at ascertaining, based on the analysis of historical sources (in particular, narrative ones, monuments of law, etc.), as well as the available scientific literature, the processes of establishment and development of law in Ukraine’s territory during the VII century BC – the first half of the VI century AD. The author analyses the works by Herodotus, Plutarch, Diogenes Laërtius, Lucian of Samosata, orations by Demosthenes, as well as legislative acts and other epigraphic monuments of antique poleis of the Northern Black Sea Region, in particular, the oath of Chersonesos citizens (end of the IV-beginning of the III century BC), Olbia “Canobus Decree” on monetary circulation (beginning of the IV century BC), the Chersonesos polis’s law on the amnesty of political exiles (first quarter of the III century BC), the act on sale or lease of land plots (the 60s–70s of the III century BC), instructions by the Governor of the Roman province of Lower Moesia Tertullian (end of the II century) addressed to the officials of Chersonesos and the chiefs of the Roman military garrison located in the city, rescripts of the Bosporan King Aspourgos to Gorgippia residents (years 14/15), the Roman Emperor’s rescript on release of citizens of Tyre from duty (year 201), etc. A valuable material regarding the specifics of property law and law of obligation is also contained in private letters written on lead plates which were discovered by archaeologists. The author notes that the outset of law in the territory of modern Ukraine in the antique times is primarily associated with legal traditions of the Scythians and the autochthonous population residing in the territories which were part of their early-State formations, as well as residents of the Northern Black Sea poleis. Narrative, epigraphic and archaeological sources reliably indicate that the States of the Northern Black Sea region had a sufficiently developed, complex and ramified system of legal regulation of public relations. As early as from the end of the VII–VI centuries BC, certain elements of the basic branches of law were gradually formed there. In Scythia, they were formed resting upon their own traditional principles, while in Chersonesos, Olbia, Panticapaeum and other poleis they were mostly borrowed from the legal system of the Athenian State through the metropolises – Heraclea Pontica and Miletus. Despite certain local peculiarities, basic institutions of law (civil, criminal, procedural) of the North Pontus city-States were basically similar to the legal framework regulating public relations in other Greek poleis of those times.