| Popis: |
Law, as a measure of freedom and justice, is created by the collision of diverse social elements, when the new collective whole can no longer be restrained by simple custom, morality. The divergence of moral convictions makes possible the existence of social cohesion and is reconciled by law, first in the form of the orders of elders, experienced, who act as arbitrators. And later this right becomes a custom and morality, but at the same time it becomes the content of a new morality. The new law determines only the direction in which the necessary life forms of a new social union should be formed and in which they should eventually take root in the general consciousness. Judicial acts of public authority were the primary source, and later they were included in the generally binding rules applicable to production, distribution and exchange. Due to the lack of strict law, a judge in Ukraine had a respectable status in ancient times, and trust in him in the early stages of the historical development of procedural law was an integral condition without which trial was impossible. There were no legal norms, and the judiciary had to establish them for each case under consideration, and the judicial process consisted of the creation of a norm and its application. The judge had to decide not only on the case, but also to find a rule of law, not only to judge a particular case, but also to declare in a casuistic form a universally binding provision that would be important for both litigants and the community as a whole. The main driving force behind the so-called case consuetude there is a kind of assessment of the parties to the dispute and their position in the family, so the decision was made taking into account the person and his economy. According to the villagers, the advantage of their local court over the state was that the latter, strictly guided by the law, was unable to make a decision that would not contradict the principles of rural life and common sense. The judge judges good people, whose presence complements the gaps in the process, which undoubtedly arise as a result of general illiteracy, most often of all persons involved in the process, not excluding the judge. Therefore, the record is not written, but orally and is engraved in people's memory. The inseparability of the judiciary until almost the middle of the 16th century led to the fact that the authority of the court decision was given the status of the person in society who made the decision, rather than its compliance with legal norms. |
