LOOKS of PROFESSOR V.H.DEMCHENKO (1831-1914) IN RELATION TO SHOWS OF WITNESSES AS PROOF IN RULE-MAKING IN TIME OF KYIV RUS

Abstract

Historyof  Law Kyiv Rus, without regard to the more than 200-years-old period of her research, continues to remain in the field of attention of scientists, and, also,  politicians. One of important questions of History of Law these period is a question about rule-making and role in him shows of witnesses.  This problem was studied thoroughly enough as early as ХІХ of century and one  of  active acting persons of discussion round  this  theme there was a historian of law, native of Ukraine, professor  of the Kyiv university Vasyl Hryhorovych Demchenko. In the master's degree dissertation "Historical research is about the shows of witnesses as proof in matters of judicial, accoding the Russian law before Peter the  Great" (in 1859), V.H. Demchenko considered becoming of such important institute of judicial law as institute of certificate in detail.  A scientist marks the value of judicial proofs in general genesis of law, he underlines that  before an arbitrariness was the only means of guard of rights, but development of society  resulted in a volume, that next to this means already the guard of rights for cramps began to be used. He considered that the judicial aspects related to the shows of witnesses are system enough set forth in Russian True. A researcher paid attention to that Russian True talks about witnesses in most cases  in connection with those the offences that must be by them validified, in accordance with every case, where this proof is required. Therefore resolutions about them matter general not rules that spread to all possible cases of their  use, but touch  only private, that have force only for those cases for that they are straight set. General rules some resolutions that is unconnected   with determinations  about separate offences matter only. A scientist underlined that the judicial role of witnesses accoding Russian True did not have been limited to only the value of them, as judicial proof. On occasion they got the certain participating in  realization  of process. It touched those judicial events application of that got to parties without every participation of some government bodies ( for example,zvid).  In the research  of V.H. Demchenko analysed a question about the capacity  of witnesses for a certificate, specified also on space of application of proofs with participation of witnesses after Russian True, order of finishing telling with participation of  witnesses, force of shows of witnesses. Thus, V.H. Demchenko no doubt, was one of the most skilled specialists on history law that investigated  time of Kyiv Rus.