scholarly journals The legal regulation of economic issues in the Grand Duchy of Lithuania: modern Ukrainian historiography

2015 ◽  
Vol 2015 (3) ◽  
pp. 332-348
Author(s):  
Oleg Diachok ◽  
Keyword(s):  
Legal Regulation ◽  
Economic Issues ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

scholarly journals GENESIS OF THE LEGAL REGULATION OF PRE-TRIAL CRIMINAL PROCEDURE IN THE ANCIENT BELARUSIAN LANDS

2021 ◽  
pp. 137-140
Author(s):  
Y. Shkaplerov
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Grand Duchy Of Lithuania ◽  
Xix Century ◽  
Grand Duchy

The article considers the genesis of the legal regulation of pre-trial criminal procedure in the ancient Belarusian lands from the beginning of the XI century. In particular, the provisions of the senior written source of Kievan Rus law – Russkaya Pravda, which regulates such procedural institutions as “svod”, “gonenie sleda”, are analyzed. Thus is considered their essence and opinions of various authors on the designated problems. The author focuses the attention on the fact that the legal regulation of traces fixation of socially dangerous acts, determined by some provisions of the Russkaya Pravda, was taken by the legislator after some centuries and reflected in the Statutes of the Grand Duchy of Lithuania in 1529, 1566, 1588, which were in force on the Belarusian land until the XIX century.

scholarly journals The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects

2018 ◽  
Vol 5 (2) ◽  
pp. 130-136
Author(s):  
Ihor Muronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Documents ◽  
Grand Duchy Of Lithuania ◽  
Development Prospects ◽  
Grand Duchy ◽  
Land Code

The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.

scholarly journals The Document in the Hierarchy of Evidence of the Legal Process in the Grand Duchy of Lithuania in the Late Fifteenth Century and the First Half of the Sixteenth Century

2020 ◽  
Vol 46 ◽  
pp. 8-24
Author(s):  
Irena Valikonytė
Keyword(s):  
Fifteenth Century ◽  
Legal Regulation ◽  
Legal Process ◽  
Judicial Process ◽  
Judicial Affairs ◽  
Legal Evidence ◽  
Legal Power ◽  
Late Fifteenth ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

The discussion on the legal power of documents generated by the researchers exploring the written culture of the Grand Duchy of Lithuania in the fifteenth and sixteenth centuries invites for a more detailed analysis of the usage of a written document in the legal process, the chronology of its legal regulation, the document’s place in the system of evidence as well as its meaning in the legal consciousness of the nobles. The legal proceedings and rulings recorded in the judicial affairs books incorporated into the Lithuanian Metrica reveal the process when, with the development of the written culture and the increase of the demand for documents in the state’s internal affairs, the written document evolved into an independent and sound legal evidence in the judicial process. In the civil cases, primarily concerning the land ownership, the legal power of a written document was recognized already in the middle of the fifteenth century (although there was no peremptory requirement to present written documents in the judicial process), and approved by the extended edition of the First Statute of Lithuania. In the late fifteenth and early sixteenth centuries, the long-lived “colorful robes of justice” (the oath, the gesture, the placing of one’s cap) were replaced in the system of legal evidence by written documents which, from then on, were considered as more reliable evidence than a personal oath, and, in some cases, even a testimony. Eventually, this view found its place in the consciousness of the nobles who documented their transactions and used documents to solve legal conflicts. Moreover, in Lithuania, unlike in the Kingdom of Poland, the judges considered not only the public, but also the legitimate private documents as legal evidence of equal importance. Although, the hierarchy of legal evidence, that prioritized the documents was embedded only in the Second Statute of Lithuania (chapter IV article 52, entitled “On evidence and defense” (O dovodech i otvodech), the analysis of sources allows to decisively affirm that the main source of the aforementioned article was the practice of the courts in the late fifteenth and early sixteenth centuries.

Manuscript Catalogs and Inventories of Books from the Lands of the Grand Duchy of Lithuania – Some Problems of Publishing Rules

2012 ◽  
Vol 2 ◽  
pp. 107-121
Author(s):  
Lilia Kowkiel ◽  
Arvydas Pacevičius ◽  
Iwona Pietrzkiewicz
Keyword(s):  
Primary Source ◽  
Digital Form ◽  
Historical Sources ◽  
Historical Texts ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy ◽  
Book Culture

Historians and publishers of historical sources have a lot of problems with the texts written in different languages and alphabets, which were created at different times, in the multilingual areas inhabited by many nations following different religions. The historians of book culture have the same problems with texts of inventories and catalogues of books, which are the primary source of knowledge about the content of libraries. At present it’s also important the historical texts to be published in the digital form. This article is a part of the discussion on this very important subject.

D?r al-?arb as the Motherland? The Muslim Tatars of (the Grand Duchy of) Lithuania and Social Contract

2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius
Keyword(s):  
Twentieth Century ◽  
Social Contract ◽  
Social Consequences ◽  
Nation State ◽  
The Social ◽  
State And Society ◽  
Muslim Minority ◽  
Grand Duchy Of Lithuania ◽  
In The Beginning ◽  
Grand Duchy

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.

“History Misappropriation or Compreension?” (Russian Lihuanian Studies in the 19th and the Beginning of the 20th Century)

2020 ◽  
Vol 58 ◽  
pp. 219-236
Author(s):  
Andrey Yu. Dvornichenko
Keyword(s):  
20Th Century ◽  
Russian Empire ◽  
Soviet Period ◽  
Medieval History ◽  
Scientific Paradigm ◽  
Russian State ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

The abundant Russian historiography of the medieval history of Grand Duchy of Lithuania (Lithuanian-Russian State) has become in the last decades the centre of the discussions and is often subject to groundless criticism. This historiography was not very lucky in the Soviet period of the 20th century either, as it was severely criticized from the Marxist-Leninist position. When discussing Russian historiography the author of this article is consciously committed to the Russian positions. There are no reasons to consider this historiography branch either Byelorussian or Ukrainian one, as that was really Russian historiography, - the phenomenon that formed under the favorable specific conditions of Russian Empire before the beginning of the 20th century. The said phenomenon can be studied in different ways: according to the existing then main trends and schools or according to their affiliation with specific universities of Russian Empire. But according to the author of this article the best way to study the issue is in accordance with the main concepts of history. And then the pre-revolutionary historiography appears as an integral scientific paradigm that turns out to be the most divaricate branch of the Lithuanian studies of the time. It created, in its turn, the most vivid and objective historical picture that can still serve as the basis for the studies of Lithuanian-Russian state.

LIETUVOS DIDŽIOSIOS KUNIGAIKŠTYSTĖS KARIUOMENĖS KASDIENINIO GYVENIMO STANDARTAI 1764–1788 M.

2018 ◽  
pp. 198-217
Author(s):  
Valdas Rakutis
Keyword(s):  
Armed Forces ◽  
Local Communities ◽  
Supply System ◽  
Ruling Elite ◽  
Ordinary Life ◽  
Economic Unit ◽  
Grand Duchy Of Lithuania ◽  
A Company ◽  
A Current ◽  
Grand Duchy

The article analyses ordinary life of the Armed Forces of the Grand Duchy of Lithuania in the period between the beginning of the rule by the King of Poland and the Grand Duke of Lithuania Stanisław August Poniatowski, and until the reforms by the Four-Year Sejm (1788–1792). In the period of interest it was a small (up to 4,000 soldiers), independent army, made up from national contractors, mostly cavalry detachments, the main unit being a flag of 30–100 soldiers, and the so-called foreign contractors (cavalry, infantry and artillery), the main unit being a company of 60–100 soldiers. In 1775–1777, division by contractors’ ethnicity was replaced with the territorial divisions. The main changes took place in the national cavalry, where two equally sized brigades of hussars and petyhorcy were created, whereas majority of foreign contractors were reorganized into infantry. Peace-time armed forces was an important factor for the Lithuanian public, the ruling elite and the local communities. Army was not a tool for use in large international politics, it was more of a current order preserving instrument. Army supply system was based on the independent economic unit, governed by the unit commander. Attempts by the Lithuanian Military Commission to impose greater control gave insignificant results, although the reforms of 1775–1775 were able to strengthen control of the treasury and procedures, making relationships more visible and transparent, and the actual composition of the armed forces was very close to the theoretical provisions. The economic weakness of the nation after the First Partition of the Polish-Lithuanian Commonwealth and lack of correlation between recovery of the treasury and army financing put bridles on the army, preventing it from development and change. In spite of all 1764–1788 reforms, the Lithuanian armed forces remained a stagnating institution, where routine and established traditions dominated over novelty and change. Keywords: Armed Forces of the Grand Duchy of Lithuania, ordinary army life, rule of Stanisław Poniatowski, Military Commission, Military Department of the Permanent Council.

The relationship of magnates and the szlachta of the Great Principality/Grand Duchy of Lithuania with Russia in 1733

2020 ◽  
Author(s):  
А.В. Мацук
Keyword(s):  
Free Choice ◽  
Russian Empire ◽  
The Core ◽  
The Russian Empire ◽  
Grand Duchy Of Lithuania ◽  
Relationship Of ◽  
The Relationship ◽  
Grand Duchy

В статье исследуются события бескоролевья 1733 г. в Речи Посполитой. Согласно «трактату Левенвольде» компромиссным кандидатом на избрание монархом Речи Посполитой был португальский инфант дон Мануэль, которого предложила Австрия. Россия больше склонялась к кандидатуре «пяста». Россия оказалась не подготовленной к началу бескоролевья. Бывшие российские союзники магнаты ВКЛ рассорились с российским послом Фридрихом Казимиром Левенвольде и перешли на сторону Франции. В конце февраля 1733 г. в ВКЛ направили Юрия Ливена, который от имени российской царицы предложил поддержку в получении короны Михаилу Вишневецкому и Павлу Сангушке. Принятое на конвокационном сейме решение об избрании королем «пяста» и католика показало популярность Станислава Лещинского. В результате вслед за Австрией Россия поддержала кандидатом на корону Фридриха Августа. Магнаты ВКЛ до последнего оставались конкурентами о короне. Оппозиция Лещинскому объединилась под лозунгом защиты «вольного выбора» и поэтому в ней остались кандидаты «пясты», которые не могли уступить друг другу, и согласились на компромисс – кандидатуру Фридриха Августа. Для противодействия возможному избранию Лещинского Россия создала в ВКЛ новоградскую конфедерацию. Ее организатором стал новоградский воевода Николай Фаустин Радзивилл. Эта конфедерация становится основой Генеральной Варшавской конфедерации, которая 5 октября 1733 г. избирает королем саксонского курфюрста. The article examines the events of the «kingless» year of 1733 in the Polish-Lithuanian Commonwealth. According to the Levenwolde Treaties the compromise candidate for the Commonwealth’s throne was the Portuguese Infante Don Manuel, who’s candidacy was proposed by Austria. Russia, in turn, leaned towards the «pyasta» candidate. The Russian Empire was clearly unprepared for the start of the kingless period. Russia’s former allies – magnates of the Grand Duchy of Lithuania – came into conflict with the Russian ambassador Frederick Kazimir Levenwolde and sided with France. In late February of 1733, Empress Anna Ioanovna of Russia sent Yuri Liven to the Grand Duchy of Lithuania, who offered official support in the struggle for the crown to Mikhail Vishnevetsky and Pavel Sangushka. The electoral decision made at the Sejm proved the popularity of the «pyast» and Catholic candidates, specifically – Stanislaus Leschinsky. In turn, Russia – following Austria – showed its support for the candidacy of Frederick August. The magnates of the Grand Duchy of Lithuania remained in opposition in the crown issue until the very last. Opposition to Leschinsky was united under the motto of «free choice». For that reason, it was comprised of «pyasta» candidates, who were in a deadlock with one another, and were now ready for the compromise candidacy of Frederick Augustus. In order to counter the possible election of Leschinsky, Russia created the Novograd Confederation in the Grand Duchy of Lithuania. It was organized by the Novograd Voevoda Faustin Radzivill. This confederation became the core of the General Warsaw Confederation that – on October 5th 1733 – elected the Saxon King to the throne of the Polish-Lithuanian Commonwealth.

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