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History of domestic state and law. Social and state system of Ukraine in the second half of the XVII-XVIII centuries. Procedural law under Peter I. “A brief depiction of processes or litigation” (the most important)

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SOCIAL AND STATE SYSTEM OF UKRAINE IN THE SECOND HALF OF THE XVII-XVIII centuries. PROCEDURAL LAW UNDER PETER I. "BRIEF IMAGE OF PROCESSES OR LITIGATIONS"

In 1654, Left-bank Ukraine, as well as Kyiv, was annexed to Russia. The Ukrainian system of government, headed by a hetman elected by the military (general) council, and Ukrainian law were preserved. Under the hetman, there was a general foreman (Ukrainian government). The territory of Ukraine was divided into military-administrative units - regiments headed by elected colonels.

The main source of Ukrainian law was the Lithuanian Statute and Magdeburg City Law (including the Saxon Mirror).

Issues of foreign policy of Ukraine were subordinated to the Ambassadorial order, and the armed forces - to the Discharge order. Since 1663, the Little Russian order began to manage the affairs of Ukraine. Later, the management of Ukraine passed to the Collegium of Foreign Affairs, and since 1750 - to the Senate.

The post of Ukrainian hetman was abolished by Catherine II. She also restored the Little Russian (Ukrainian) collegium. Eliminated the Ukrainian system of self-government, established the position of Little Russian governor-general.

Under Catherine II, as a result of the partitions of Poland. Russia included Western (Right-Bank) Ukraine, except for Galicia, which belonged to Austria (Austria-Hungary). The Northern Black Sea region (including Crimea) annexed to Russia began to be called Little Russia.

Procedural law under Peter I. In Russia they first appeared суды, i.e. state bodies engaged exclusively in the administration of justice and not burdened with administrative functions. These are court (provincial) courts and city judges in cities. True, these courts were abolished shortly after the death of Peter I. But the courts were not separated from the administration. Judicial powers in certain areas belonged to the corresponding boards. Judicial issues were also dealt with by the Senate and even the tsar personally.

In 1697, Peter I canceled the trial. In practice, the judicial procedure for considering some civil cases was retained. Despite the mandatory search, elements of competition have been preserved.

The litigation was regulated by a Brief description of processes or litigation (part of the Military Regulations of 1716, prepared in 1715) for military courts, where military commanders (generals and officers) were judges

At that time, the theory of formal evidence appeared in Russia, i.e., the value and significance of certain evidence were legally determined.

Peter I determines the form of the statement of claim, the norms of the Council Code of 1649 on civil cases and parts of criminal cases in civil (non-military) courts are also restored. Thus, there was a return to competition in these categories of cases.

The Preobrazhensky Prikaz actually performed the functions of a special court for political affairs.

Retained legal isolation and church courts.

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