The author analyzes the approaches which historians of law apply to the category “history of Ukrainian law”, and proposes own definition of this category and its division into periods in the historical perspective. Examples are given to highlight the differences of Ukrainian law from Russian law in terms of evolution, essence and content. The article notes the doctrinal approach used by the Department of History of Law and State of the Law Faculty of Taras Shevchenko National University of Kyiv which recognizes the primacy of law before the State as an institution. In our opinion, with the emergence of the State, the history of law appears as the history of national legislation in its relationship to and interdependence with regulatory activities of the State – its administrative and judicial institutions, organization and operation of the army, the police, penal and prison institutions, and etc. History shows that society can sustainably develop in the coordinates of a reconciled environment, with law performing the function of an instrument of such reconciled environment.

It is argued that the first definition of the concept “history of Ukrainian law” was given not in Ukraine – outside its borders. After the defeat of the Ukrainian revolution of 1917–1921, the pleiad of lawyers, including historians of law, were forced to leave the Homeland and settle in the neighboring countries of Eastern Europe. The textbook under the same title appeared in the Ukrainian emigration environment in the early 1920s. In this regard, the first ones were several researchers of the Ukrainian Diaspora, who, however, did not have any sources relating to history and history of law, as well as no archival materials, because in the absolute majority they were preserved in libraries and archival funds of Soviet Ukraine. However, even under such conditions, the scholars were able to lay the foundations upon which a respective branch of scientific knowledge further evolved.

It is noted that the Department of History of Law and State of the Law Faculty of Taras Shevchenko National University of Kyiv may be regarded as the successor of the traditions retained by the Diaspora; for many years, its members defend not only the name of the study course “History of Ukrainian Law”, but also prove its genetic relationship with the law of the Rus’ State and other national state entities of a later period. Several study guides on the history of Ukrainian law were written by the Department’s teachers. The article particularly emphasizes the work by O. Shevchenko, who is the author of several textbooks and study guides which are still widely used in the educational process of law faculties of Ukraine. In one of them, the scientist actualized the issue of Ukrainian law periodization, with the main criterion determined as evolution of sources of law. The author of the article maintains the same stance.

                                                     Bibliography

Authored books

 1. Chubatyi M, Ohliad istorii ukrainskoho prava. Istoriia dzherel ta derzhavnoho prava [Review of the History of Ukrainian Law. History of Sources and State Law] (1947) (in Ukrainian).

2. Lashchenko R, Lektsii po istorii ukrainskoho prava: repr. vidtvor. vyd. 1923–1924 rr. [Lectures on the History of Ukrainian Law: Reproduced Restored Edition of 1923–1924] (Ukraina 1998) (in Ukrainian).

3. Miroshnychenko M, Istoriia ukrainskoho prava. Dzherela [History of Ukrainian Law. Sources], ch 1 (Kyivskyi universytet imeni Tarasa Shevchenka 2015) <https://lektsii. org/11-70974.html> (accessed: 17.09.2019) (in Ukrainian).

4. Okynshevych L, Vstup do nauky pro pravo i derzhavu [Introduction to the Science of Law and State] (Ukrainskyi Vilnyi Universytet 1987) (in Ukrainian).

5. Sergeevich V, Russkie juridicheskie drevnosti [Rus’ Legal Antiquities], t 2 (Tip N A Lebedeva 1890) (in Russian). Edited and translated books 6. Entsyklopediia ukrainoznavstva: zahalna chastyna [Encyclopedia of Ukrainian Studies: General Part], t 2 (Instytut ukrainskoi arkheohrafii ta dzhereloznavstva imeni M S Hrushevskoho 1995) (in Ukrainian).

7. Lysiak-Rudnytskyi I, Istorychni ese [Historical Essays], t 1 (per z anhl, Osnovy 1994) (in Ukrainian). 8. Montesk’e Sh, O duhe zakonov [On the Spirit of Laws] <https://www.civisbook.ru/files/ File/Monteskye_O%20dukhe.pdf> (accessed: 02.12.2019) (in Russian).

9. Shevchenko O (red), Istoriia ukrainskoho prava: navchalnyi posibnyk: materialy do kursu lektsii z istorii ukrainskoi derzhavnosti [History of Ukrainian Law: Study Guide: Materials for the Course of Lectures on the History of Ukrainian Statehood] (Olan 2001) (in Ukrainian).

Journal articles

10. Mrochek-Drozdovskij P, ‘Glavnejshie pamjatniki russkogo prava jepohi mestnyh zakonov’ [‘Milestone Monuments of Rus’ Law of the Era of Local Laws’] (1884) 5-6 Juridicheskij vestnik 77 (in Russian).

11. Slabchenko M ta Vasylenko M, ‘Shche do istorii ustroiu Hetmanshchyny XVII–XVIII st.’ [‘Even Before the History of Establishment of the Hetmanate in the XVII–XVIII Centuries’] [1913] 116(4) Zapysky tovarystva imeni Shevchenka 69 (in Ukrainian).