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Article title Sources of the Law of the Scythian State and Their Significance for the Development of State-Forming Processes on The Territory of Ukraine
Authors
IHOR BOIKO
Doctor of Law, Professor, Head of the Department of History of State, Law and Political and Legal Studies of the Ivan Franko National University of Lviv (Lviv, Ukraine) ORCID ID: https://orcid.org/0000-0001-8444-6787 igor.boiko@lnu.edu.ua
IVAN KOVALCHUK
Doctor of Philosophy in Law, Senior Lecturer, Department of Socio-Political Sciences, Vinnytsia National Technical University (Vinnytsia, Ukraine) ORCID ID: https://orcid.org/0009-0007-7467-5317 ivankovalchuk@vntu.edu.ua
OKSANA ZAYATS
Doctor of Philosophy in Law, Assistant Professor at the Department of History of State, Law and Political and Legal Studies, Ivan Franko National University of Lviv (Lviv, Ukraine) ORCID ID: https://orcid.org/0000-0003-4512-2338 oksana.lesyk@lnu.edu.ua
Magazine name Legal journal «Law of Ukraine» (Ukrainian version)
Magazine number 12 / 2024
Pages 50 - 65
Annotation

The article is devoted to the analysis of the formation of the sources of law of the Scythian state and the determination of their significance for the development of economic and political relations on the territory of Ukraine, which in general is an important stage in the formation of state and legal traditions on Ukrainian lands. The importance of the study lies in determining the place and role of Scythian law in the history of Ukrainian statehood. 
It is noted that the formation of norms and elements of civil, criminal, procedural law on ethnic Ukrainian lands was a long process. The emergence and development of primitive customs of a civil and criminal nature, apparently, began during the transition from the Paleolithic to the Mesolithic, from matriarchy to patriarchy, during the period of the decomposition of primitive communal relations, in particular with the creation of a family, clan, tribe. At that time, disputes and conflicts began to arise between people, the consequence of which was the commission of a crime (for example, taking a person’s life or causing him or her mutilation, theft of property, etc.). Primitive people formed an understanding of crime as a social danger, because harm was caused to a person or a human community, evil was caused, which caused fear, suffering, etc. in a person or a community. Therefore, in the Mesolithic period, and then in the Bronze and Iron Ages, people looked for ways to stop committing evil acts, created rules of conduct that provided for responsibility for crimes, the establishment of retribution for them, etc. In the ancient period, many ethnically and culturally heterogeneous societies existed on the territory of modern Ukraine for millennia. Multiethnic peoples to a greater or lesser extent influenced the ethnofund and gene pool of Ukrainians. They created genetically related traditions of lifestyle, culture, state organization, and legal regulation of social relations on the territory of historical Ukraine. It is emphasized that Scythian law regulated many aspects of social life, including property relations, military service, the legal status of slaves, and the protection of private property. These norms allowed to provide the basis for the functioning of society, where both customs and decisions made by higher authorities – the king and the people’s assembly – were important. Scythian law also performed a protective function, protecting social order and ensuring the stability of the state. The system of punishments, in particular death sentences, exile, corporal punishment, set itself the task not only of punishing criminals, but also of strengthening social ties based on loyalty and order. It is shown that the orientation function of law was that it determined the boundaries of people’s behavior, established permissions and prohibitions. Scythian law regulated behavior not only within clan and tribal groups, but also in relations with other peoples, in particular through international treaties, which were an important source of law. Law also performed an evaluative function, since through customary norms the Scythians could evaluate the behavior of their “fellow citizens”. This allowed to distinguish offenses and recognize the guilty, which became the basis for the functioning of law in conditions when there was no complex judicial system. Scythian law also had an important educational value, because through punishment and social norms it contributed to the formation of moral guidelines, such as loyalty to the king, brotherhood among warriors and a strict attitude towards violators. The educational aspect was especially expressed in the joint performance of military duties and in the preservation of patriarchal traditions that influenced the behavior of members of society. 
Scythian law was based on customary norms that adapted to the conditions of state formation. The main sources of law were customs, decisions of kings and people’s assemblies, as well as international treaties. A special role in ensuring law and order was played by customs that protected private property, social order and the authority of royal power. The conservative element in the legal system ensured its stability and continuity, preserving traditional norms even in conditions of interaction with progressive Greek culture. Scythia played an important role in the formation of economic and political relations in the Northern Black Sea region. Its ties with Greek city-states, in particular Olbia and Chersonese, contributed to the development of trade, which became an important factor in economic growth and integration with the ancient world. The legal traditions of the Scythians significantly influenced the development of economic and political relations on the territory of Ukraine, which in general is an important stage in the formation of state and legal traditions on the Ukrainian lands. The cultural heritage of the Scythian state, including elements of legal culture, also had a positive impact on the further development of ethno-national processes on the territory of Ukraine. The study of Scythian law allows us to better understand the origins of legal traditions on the Ukrainian lands. 
 

Keywords sources of law, customs; customary law; statehood; Scythia
References

Bibliography

 

Authored books

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17. Herodot, ‘Knyha IV. Melpomena’, Istorii v dev’iaty knyhakh (A Biletskyi pereklad, Naukova dumka 1993) 180–228.

 

Journal articles

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Encyclopedias

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