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| Article title | Main Areas of Lawmaking Activity by Kost Levytskyi | ||
| Authors |
Doctor of Law, Professor, Chief Researcher Department of Theory and Practice of Law-making Institute of Legislation of the Verkhovna Rada of Ukraine (Kyiv, Ukraine) kxenon46@gmail.com
PhD, lecturer in the theory and history of state and lawс King Danylo University (Ternopil, Ukraine) kxenon46@gmail.com
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) | ||
| Issue | 6/2019 | ||
| Сторінки | [157-174] | ||
| DOI | https://doi.org/10.33498/louu-2019-06-157 | ||
| Annotation | The article reviews the main areas of law-making activity by the famous Ukrainian politician, scholar, Doctor of Law, Chairman of the Union of Ukrainian Lawyers of Poland, the First Prime Minister of the West Ukrainian People’s Republic (ZUNR) K. Levytskyi (1859–1941). The purpose of the article is to study the main areas on which K. Levytskyi focused his law-making efforts. Upon examination of scientific works, monographs, books, articles and brochures, it is possible to systematize the materials available and single out the following areas: history of State and law; Austrian civil procedure legislation; legal support of economic activity; preparing of the German-Ukrainian dictionary of law; protection of the rights of the Ukrainian language in Austria-Hungary and Poland; history of political and legal doctrines; legal status of the bar in pre-war Poland. K. Levytskyi’s research in the history of State and law was focused on the study of the collection of old Russian law – “Ruska Pravda” (“Russian Truth”). The scholar explored the history of how this monument of law was introduced into scientific circulation after it had been discovered in 1738 by V. Tatishchev in the Chronicle of Novgorod and published in 1767 by Professor A. Shletser. Austrian civil procedure legislation rose K. Levytskyi’s interest for a number of reasons. Firstly, the Code had a complicated structure, and different parts of the document were adopted at different times, while civil-law relations and disputes related thereto were central to the court practice, owing to the development of capitalism in the Ukrainian lands. Secondly, the Austrian Civil Procedure Code was published in German and there was no translation of it into Ukrainian in that historical period. K. Levytskyi dedicated many of his works written in the course of 30 years to legal framework of economic activities of the Galicia population. Those works focused on such issues as introduction of new money, speichers and shops, economic unions, credit societies, the procedure for receiving rents, and insurance companies. The scientist researched those issues during two historical stages: 1) in the context of the Austro-Hungarian Empire’s legal system; 2) during the Polish period, when he was in Lviv in exile and engaged in banking and also practiced as attorney-at-law. Issues of legal terminology were of exceptional importance for the Ukrainian population because of the need to appeal to the highest public authorities of Austria-Hungary, regional structures in charge of administering Galicia, and Austrian courts. K. Levytskyi dedicated a number of articles to this issue which were published in various historical periods, and the first of them was the work titled “On Our Legal Terminology” (1889), where he gave the interpretation of the most widely used German legal terms. As for protection of the Ukrainian language, for K. Levytskyi it was the mandatory task at all stages of his creative life and one of the priority areas of scientific research. Thus, the work “On the Rights of the Rus’ Language” of 1896 contained, along with texts, also excerpts from laws and regulations which explained the Galician Ukrainians which rights they had to use the Ukrainian language when interacting with governmental bodies, institutions, and courts. History of political and legal doctrines was the target of scientific research by the scientist, in which he explored the process of emergence and development of the Ukrainian State and law at different stages of establishment of Ukraine. Examination of scientific works by K. Levytskyi showed that he conducted a broad range of legal studies, which, in particular, incorporated the issues of history of State and law, legal regulation of economic activities, protection of the Ukrainian language, the status of the bar, history of political and legal doctrines; besides, he prepared the German-Ukrainian dictionary. For K. Levytskyi, the bar was a weighty means of protecting the rights of Ukrainians, and for this reason he created the bar association – the Union of Ukrainian Lawyers; he also prepared recommendations for defense lawyers engaged in political processes, and also gave advise to young Ukrainian lawyers.
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| Keywords | law; the West Ukrainian People’s Republic; K. Levytskyi; lawmaking; the bar; Austrian Civil Procedure Code; dictionary of law | ||
| References |
Bibliography Authored books 1. Andrukhiv I, Kost Levytskyi: storinky zhyttia [K. Levytskyi: Pages of Life] (1995) (in Ukrainian). 2. Levytskyi K ta I Petrushevych, Poradnyk torhovelnyi [Trading Advisor] (z drukarni NTSh 1905) (in Ukrainian). 3. Levytskyi K, Velykyi zryv (do istorii ukrainskoi derzhavnosti vid bereznia do lystopada 1918 r na pidstavi spomyniv ta dokumentiv) [Great Failure (More on the History of Ukrainian Statehood from March to November 1918 Based on Memories and Documents)] (1931, 1968) (in Ukrainian). 4. Levytskyi K, Istoriia vyzvolnykh zmahan halytskykh ukraintsiv z chasu Svitovoi viiny. Z iliustratsiiamy na pidstavi spomyniv i dokumentiv [History of the Liberation Struggle of the Galician Ukrainians since the World War. With Illustrations Based on Memories and Documents], ch 1 (1929) (in Ukrainian). 5. Levytskyi K, Nimetsko-ukrainskyi pravnychyi slovar [German-Ukrainian Dictionary of Law] (z avstriiskoi derzhavnoi drukarni u Vidni 1920) (in Ukrainian). 6. Levytskyi K, Pro nevazhnist v novim protsesi tsyvilnim. Rozvidka z avstriiskoho prava protsesovoho [On the Unimportance in the New Civil Procedure. Investigation in Austrian Law of Procedure] (nakladom Naukovoho tovarystva im. Shevchenka 1900) (in Ukrainian). 7. Levytskyi K, Pro novi spilky hospodarski [On New Economic Unions] (z drukarni NTSh 1904) (in Ukrainian). 8. Levytskyi K, Pro prava ruskoi movy [On the Rights of the Rus’ Language] (koshtom t-va “Prosvita” z drukarni NTSh 1896) (in Ukrainian). 9. Levytskyi K, Pro silski kasy pozychkovi i shchadnytsi [On Rural Loan and Savings Institutions] (Prosvita 1894) (in Ukrainian). 10. Levytskyi K, Pro shpykhliry i kramnytsi [On Speichers and Shops] (koshtom t-va “Prosvita” 1893) (in Ukrainian).
Journal articles 11. Levytskyi K, ‘V borotbi za prava ridnoi movy’ [‘Fighting for the Rights of the Mother Tongue’] (1932) 2 Zhyttia i pravo 36 (in Ukrainian). 12. Levytskyi K, ‘V spravi nashoi pravnychoi terminolohii’ [‘On Our Legal Terminology’] [1889] 8 (I) Chasopys pravnychyi. Mћsiachnykъ dlia teoriћ y praktyky 140-2 (in Ukrainian). 13. Levytskyi K, ‘Za prava ukrainskoi movy’ [‘For the Rights of the Ukrainian Language’] (1939) 2 Zhyttia i pravo 12-3 (in Ukrainian). 14. Levytskyi K, ‘Na marginesi politychnykh protsesiv’ [‘On the Margin of Political Processes’] (1929) 1 Zhyttia i pravo 18-9 (in Ukrainian). 15. Levytskyi K, ‘Nasha stanova orhanizatsiia ta yii zavdannia’ [‘Our Core Organization and Its Tasks’] (1934) 4 Zhyttia i pravo 20-3 (in Ukrainian). 16. Levytskyi K, ‘Novi zavdannia pered molodym pokolinniam ukrainskykh pravnykiv’ [‘New Challenges Faced by the Younger Generation of Ukrainian Lawyers’] (1937) 3 Zhyttia i pravo 15 (in Ukrainian). 17. Levytskyi K, ‘Pravda Ruska. Pam’iatnyk zakonodatnyi prava ruskoho z XI viku’ [‘Pravda Ruska. Legislative Monument to Rus’ Law from the XI Century’] [1895] V (3) Chasopys. Pravnycha (in Ukrainian). 18. Levytskyi K, ‘Pro zavdannia suchasnoho advokata’ [‘On the Tasks of Today’s AttorneyatLaw’] (1930) 2 Zhyttia i pravo 1-16 (in Ukrainian). 19. Levytskyi K, ‘Pro novyi tsyvilnyi protses v Avstryi. Studiia krytychna’ [‘On the New Civil Procedure in Austria. Critical Study’] (1894) IV Chasopys pravnycha. Vydavnytstvo dlia teoryi i praktyky 1-26 (in Ukrainian). 20. Levytskyi K, ‘Pershyi z’izd dekaniv Advokatskykh Rad’ [‘The First Congress of the Deans of the Bar Councils’] (1933) 3 Zhyttia i pravo 8-9 (in Ukrainian).
Theses 21. Kaleniuk O, ‘Rozvytok ukrainskoi pravnychoi terminolohii na zakhidnoukrainskykh zemliakh naprykintsi XIX – na pochatku XX stolittia’ [‘Development of Ukrainian Legal Terminology in Western Ukraine in the Late XIX – Early XX Centuries’] (avtoref dys kand yuryd nauk 2015) (in Ukrainian). Conference papers 22. Stechyshyn A, ‘Pravovi pohliady i derzhavotvorcha diialnist K. Levytskoho v instytutsionalizatsii zhandarmerii ZUNR’ [‘Legal Views and State-Building Activities by K. Levytskyi in the Institutionalization of the ZUNR Gendarmerie’] v Vplyv yevrointehratsii na rozvytok yurydychnoi nauky v Ukraini: materialy I Vseukrainskoi zaochnoi naukovo-praktychnoi konferentsii [The Impact of European Integration on the Development of Legal Science in Ukraine: Materials of the First All-Ukrainian Scientific and Practical Conference Held by Distant Communication Means] (Natsionalnyi universytet vodnoho hospodarstva ta pryrodokorystuvannia 2017) 150-5 (in Ukrainian).
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