Ecclesiastical judiciary during the period of the Hetman State

Abstract

The article provides a comprehensive historical and legal analysis of church justice in the Ukrainian Hetmanate (Zaporozhian Army) of the 17th–18th centuries. The legal nature of church courts, their institutional features and place in the system of judicial bodies of the contemporary society are studied. Particular attention is paid to the interaction of church and secular justice, as well as the mechanisms for delimiting their jurisdiction. The competence of church courts is analyzed, in particular in the field of marital and family relations, moral and ethical offenses and disciplinary responsibility of the clergy. The types of cases that were subject to consideration by church courts are highlighted, and the procedural features of the implementation of justice are also characterized, including the use of testimony, oaths and church punishments. The influence of canon law and Byzantine legal tradition on the formation and development of church justice in the Hetmanate is revealed. It is established that church courts functioned as a relatively autonomous institution, but were in close relationship with state power and secular courts. The importance of church justice as an important element of the legal system of the Ukrainian Hetmanate, which ensured the regulation of social relations on the principles of morality and religion, is substantiated. It is proved that the activities of church courts contributed to the formation of legal culture, strengthening social discipline and maintaining public order. It is concluded that church justice played a significant role in the formation of the Ukrainian legal tradition and had a significant impact on the development of justice institutions in subsequent historical periods.