Article title Development of Civil Law Doctrine of Ukraine in Pre-Revolution Period
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6/2014
Сторінки [15-27]
Annotation The article analyzes the development of civil law doctrine of Ukraine in prerevolutionary period. Since some parts of Ukraine were the parts of different countries such as the Russian Empire and Austria-Hungary, it should be mentioned not one civil law doctrine, but several, that existed on the Ukrainian lands and served as a prototype of Ukrainian doctrine of civil law in the future. The author disclaimed the thesis that the difference between the civil law concepts of German scientists and their Austrian colleagues at that time was negligible. By analyzing the history of the Austrian Civil Code, it is proved that the foundation of its concept was the idea of natural law and the ideals of the Enlightenment period. This concept was laid as the basis of research of legists of universities on that part of Ukrainian territory. Therefore, the western Ukrainian doctrine of civil law should be considered in the overall context of the development of the Western tradition of private law, being historically and genetically related to the latter one. On Ukrainian territories, which were a part of the Russian Empire, the doctrine of civil law has been formed within the general doctrine of the Russian civil law. However, the Russian civil law in general has being evolved in line with the German legal thought almost until the 20’s. Especially perceptible influence on the formation of civil doctrine in this part of the Ukrainian lands was held by the German historical, realistic (pragmatic) and realistic (sociological) schools. The result indicates that the formation of the doctrine of private (civil) law on the Ukrainian lands, which were a part of the Russian Empire, was not completed, and in this state was discontinued by the events of year 1917.
Keywords civil law doctrine, private law, civil law, natural law, historical school of law, dogmatical school of law, sociological school of law, Ukrainian lands.