The formation and development of the court and judicial system of each country takes a long time. The court is a state body that hears civil, criminal and some administrative cases [1]. The formation of the judiciary means the transition of the state to a new level of development and is a prerequisite for the rule of law.
In the judicial and administrative system of Kyivan Rus, the judiciary was divided into two departments: church and secular. Another characteristic feature was that the court was not separated from the administration [2]. In Kyivan Rus we can highlight three main groups of courts: public, private and church.
Public courts include princely court, viche court and public court.
The princely (princely) court was exercised by the prince himself as the supreme judge or his government officials or specially appointed judges - mayors, thousands of tiuns, throwers, bastards, believers, volosts. The prince's court was carried out on the condition that one of the parties belonged to the feudal state. Although in some cases, burghers, stench and even purchases could sue him. The trial took place at the prince's court (in the capital and on the ground) or on the territory of state institutions [3].
The veche court considered at the people's assembly (vichy) the most important cases concerning the community (redistribution of land, border disputes, murders, thefts) and the state (organization of the militia) [3].
Public (people's) court was carried out by a faithful elders and court men, good people. He considered all civil and criminal cases, participated in the pre-trial investigation [3].
Private court (lordly, dominant) were conducted by feudal lords - landowners (boyars, warriors, government officials) over their dependent people - slaves, servants and partly purchases and serfs. Ecclesiastical (spiritual) courts existed in dioceses and were subject to and headed by bishops. The jurisdiction of the ecclesiastical court included the clergy and their families, the church servants (their offenses against religion, civil and punitive), as well as all Christian believers whose affairs were cared for by the church (faith, marriage). Courts were held at monasteries and were governed by ecclesiastical institutions and the "Nomocanon" (Byzantine canon law) [3].
The order of judicial action, or process (litigation), has evolved in from private to public and was designed to determine the rights of persons (parties) and ensure their protection and enforcement. The trial was accusatory and adversarial (word for word), in which the parties took an active part (prosecuted or defended), and the judges played the role of mediator. However, there were also elements of the search (investigative) process in the form of a call, a summons and the pursuit of a trace [4].
Thus the judicial practice on the territory of Kyivan Rus led to the formation of legal statehood on the territory of Ukraine, because it regulated relations between the subjects and resolved issues that concerned them. The judicial system was characterized by caste character and was not complex enough, as all courts could be divided into three main groups. In general, the judicial system was not perfect. This is evidenced by the lack of a centralized judicial system. The court system, like the entire system of government and administration in the Kyiv state, provided power to the feudal lords, protected their rights, property and personal interests.
References:
1. Словник української мови. Академічний тлумачний словник (1970-1980) [Електронний ресурс] Режим доступу: http://sum.in.ua/s/sud
2. Навчальні матеріали онлайн. Зручніше ніж в бібліотеці! Історія держави і права. Судоустрій. [Електронний ресурс] Режим доступу: https://pidru4niki.com/1580011945420/pravo/sudoustriy
3. Заруба В.М. Історія держави і права України. Київ: Видавництво Істина. – 2005 – 224с.
4. Bookster. [Електронний ресурс] Режим доступу: https://bookster.com.ua/sudochynstvo-v-kyyivskij-rusi/
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