PUBLICATIONS
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Magazine
“Life and Law” (1928-1939). Systematic contents index.-Lviv:Shevchenko Scientific Society, 1995.-P.36.
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The Bar in Germany// Legal Practice.-Kyiv,1996.-january;
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Ukraine’s
Constitution of 1710: Orlyk and Vasylenko.-Kyiv: Ukrainian Publication Association,1997.-35p.;
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Ukrainian
Attorney’s Union in Lviv. Part 1: Literature index.-Kyiv:Ukrainian Publication Association, 1998.-P.55
SUMMARY
Among the blank of Ukrainian history
we would like to turn up another obscure page, it is the story about publiñ, political, publishing and
professional activity of Ukrainian Attorneys' Union in 1923-1939. Ukrainian
Attorneys' Union in Lviv (UAU) pre-conditions were the professional Ukrainian
legal organisations and chasopyses (newspapers) existing in Halychyna in the
19th, beginning of the 20th century. The first attempts made by Ukrainian Legal
Societies and professional legal chasopyses date of back to the end of the 19th
century. In 1881 Lviv University students created Group of Lawyers as a section
of the Academia Society. Theaim there
of was to extend the feeling of need for fundamental special training of
Ukrainians as lawyers for the Ukrainian nation's rights defence. The Group of
Lawyers conducted discussions, possessed its own library, and published its
resumes. Hence, probably, came the idea about publishing the professional legal
newspaper in Ukrainian. In 1889 under the guidance of famous attorneys
K.Levitskyj, A.Horbachevskyj, Y.Olesnytsyj and with assistance of O.Ohonovskyj,
S.Fedak and M.Shukhevych, they started to publish the Legal Chasopys (1889-1900). Since 1900 till 1910 due
to initiative of Legal Commission of
Shevchenko Scientific Society they had been publishing the Legal and Economic
Chasopys (10 volumes) and also Legal Library (Lviv, 1901-1909, Vol.1-2). In
1909 the Ukrainian Lawyers Society was created in Lviv. Edited by the professor
S.Dnistrynskyj, it was publishing Legal Bulletin (three issues). The World War
l and the events in Halychyna (1918-1920) turned to be the obstacle in activity of the Society and publishing Legal Bulletin. Failure to become
an independent state during 1918-1920 led to Ukrainian's public life decline.
All the functions in defence and aid to Ukrainian population in political
processes were taken up by Board of Ukrainian Defenders of the Ukrainian
Citizens Committee. However, there were attempts to create more substantial
-professional organisation to unite all Ukrainian attorneys in Halychyna and
all organisations of professional legal chasopys.
As a result of it, in 1923 the
Ukrainian Attorneys' Union in Lviv was created, and in 1927 the two issues of
the Bulletin of the Ukrainian Attorneys' Union were published (edited by
L.Hankevysh). It is worth of mentioning that along with activity of practising
Lawyers in Lviv, the law scientist's Activity took place in Legal Commission of
history -philosophy section of Sh.S.S. and also industrious training law
faculty of Ukrainian Secret University in Lviv was being kept. Among the
University teachers were S.Baran, E.Davydiak, V.Verhanovskyj, V.Okh-rymovych,
St.Starosolskyj, P.Sosenko, V.Celevych etc. The continuous preparation work led
to appearance since July 1, 1928 the first issue of chasopys “Life and Law“ as
an issue of Ukrainian Attorneys' Union in Lviv. Since May, 1929 it became the
joint issue of Ukrainian Attorneys' Union and Ukrainian Lawyer Society.
K.Levitskyj, M.Karatnytskyj, A.Rak, E.Davydiak, O.Nadraha, Y.Levitskyj,
R.Perfetskyj in different periods were the members of the editorial board.
Besides Legal periodical mentioned, U.A.U. published occasional legal research
results. The U.A.U. activity, aimed at Ukrainian nation rights protection,its
participation in the political process, public patriotic and professional
activity requires separate study. The author, for publishing of it, is
preparing the results of this study.
This article's aim is
the distribution among lawyers, scientists and attorneys the information about
scientific and practical issues of Ukrainian Attorneys’ Union in Lviv.
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Scientific publications of
Ukrainian law scientists on legal issues in Czech-Slovak Republic, 1921-1940:bibliography.-Kyiv: Ukrainian
Publication Association,1998.- P.62.
SUMMARY
Scientific activities of the Ukrainian law scientists who emigrated to
Czech-Slovak Republic were primarily centered within the department of Law and
Social Science of the Ukrainian Liberty University in Prague (ULU)[1].
Moreover, some of the scientists were teaching and engaged in scientific
studies at the Ukrainian Industrial Academy in Podyebradakh (UIA) as well as at
the Ukrainian High Pedagogical Institute named after M.Dragomanov[2].
Scientific-pedagogical activities involved delivering separate law
courses, organizing seminars. The following were the program of courses and
names of professors teaching at the Department of Law and Social Sciences at
ULU for the first semester in Vienna: prof. I.Ganitsky – Ukrainian Cooperative
Movement and its Economic Basis; prof. S.Dnistryansky – Theory of Law,
Constitutional Law, International Law; prof. D.Koropatnitsky – Theory of
Criminal Law; prof. M.Lozynsky – Monarchy and Republic, Alliance of Countries,
Parliamentary and Soviet Form of Administration; associate prof. P.Lysyak –
Critical Review of Economic Theories; prof. V.Starosolsky – Genesis of Law,
State Law; prof. S.Sheluhin – Law, Ethics, Religion and Justice, historical
review of the Ukrainian Law; L.Yeh – Administrative Law. Thus, there were six
professors and one associate professor teaching at the Law Department. This Department
was headed by: dean – prof. S.Dnistryansky[3],
pro-dean – prof. V.Starosolsky[4].
Later the academic process at the Department was under supervision of : 1922/23
dean – prof. F.Shcherbyna, pro-dean – prof. O.Ejhelman[5];
1925/26 dean – prof. V.Starosolsky, pro-dean – prof. R.Lashchenko[6];
1926/27 dean – prof. K.Losky, pro-dean – prof. M.Lozinsky; 1927/28 dean – prof.
K.Losky, pro-dean – prof. V.Tymoshenko; 1928/29 dean – prof. S.Sheluhin,
pro-dean – prof. K.Losky; 1929/30 dean – prof. S.Sheluhin, pro-dean –
S.Borodayevsky; 1932/33 and 1933/34 dean – prof. S.Sheluhin, pro-dean – prof.
O.Odarchenko; 1934/35 dean – prof. S.Sheluhin, pro-dean – A.Andriyevsky;
1936/37 and 1937/38 dean - prof. O.Mytzuk, pro-dean – prof. L.Shramchenko;
1938/39, 1939/40 and 1940/41 dean – prof. L.Shramchenko, pro-dean – prof.
O.Gajmanivsky.
After the ULU had been moved to
Prague from Vienna the curriculum for 1921/1922 semester at the Law Department
was the following: S.Dnistryansky – Theory of Law, Constitutional and
International Law; D.Koropatnytsky – Theory of the Criminal Law, M.Lozinsky –
Review of the International Law, Monarchy and Republic, Parliamentary and
Soviet Form of Administration; V.Starosolsky – Genesis of Law, State Law;
S.Sheluhin – Law, Ethics, Religion and Justice, Historical Review of the
Ukrainian Law[7]. With the
influx of new scientific authorities to the ULU topics of law courses were
modified and expanded. Thus, during the summer semester of 1922 the following
new courses were taught: K.Losky – Institutions of the Roman Law, R.Lashchenko
– Ukrainian Law; S.Dnistryansky – History of the Public and Private Law,
Obligatory Law; V.Starosolsky – Political Law. During the summer semester of
1923 along with the above mentioned courses there were also taught: O.Lototsky
– Ukrainian Sources of the Canon) Law; O.Odarchenko – Basics of the Trade Law;
O.Ejhelman – Administrational Law; O.Mytzuk – History of Political Economy;
V.Shcherbyna – Statistics; V.Tymoshenko – Trade Policy[8].
During winter and summer semesters of 1923/24 in addition to the previously
taught courses new subjects would appear: R.Lashchenko – History of the
Ukrainian Civil and Criminal Law and Procedures; S.Dnistryansky – Basics of the
Ukrainian Private Law, History of the Philosophy of the Law; A.Yakovliv – Civil
Procedures; O.Andriyevsky – Civil Law; O.Lototsky – Canon Law and Hierarchy of
the Church; O.Odarchenko – State Credit and State Budget; O.Ejhelman – General
Sociology, Local Self-Governance.
Further, new law courses were
being included into the curriculum: in 1924/1925: S.Sheluhin – Encyclopedia of
the Law; R.Lashchenko – History of the Ukrainian State Law during Hetman’s Era;
O.Lototsky – Church Independence, History of the Canon Law Theories in Ukraine;
A.Yakovliv – Marine, Trade Law; M.Lozynsky – History of the Ukrainian
State-Building; in 1925/26: R.Lashchenko – Court System in Ukraine in 17th-18th
centuries; K.Losky – History of the Roman Republic; in 1926/1927:R.Lashchenko – History of the Ukrainian Family and Heritage Law; O.Lototsky –
Relationship between Church and State in Modern Countries; A.Yakovliv –
International Private Law; in 1927/28: S.Dnistryansky – Theory of the Law-Like
Mentality; K.Losky – Roman State and Administrational Structure; in 1928/29:O.Andriyevsky – Private Law of the Soviet Ukraine; O.Ejhelman – Structure and
Activities of the League of Nations; in 1930/31: S.Dnistryansky – Economic Law,
History of the Law in Europe; B.Matyushenko – Forensic Medicine; O.Baraniv –
Roman Jurisprudence; in 1931/32: S.Dnistryansky: Philosophy of the Modern Law;
A.Yakovliv – Treaties between Ukrainian Hetmans and Moscow in 17th-18th
centuries; S.Dnistryansky – Philosophy of the Law in the Old Age[9];
in 1936/37: L.Biletsky, O.Gajmanivsky – History of the Ukrainian Law;
O.Andriyevsky – Roman Law; O.Gajmanivsky – Canon Law; A.Yakovliv – Civil Law
and Procedures; O.Odarchenko – Trade and Voucher Law; O.Ejhelman – Political
Law and General Law Science; in 1939/40: O.Baraniv – Major Issues of Law
Terminology; O.Ejhelman – International Court System[10].
In general during 1921-1940
there were sessions on more than 50 separate law courses and seminars taught to
quite a significant number of the ULU students. For comparison, the following
is the number of students studying at the law and social science department in
1921-1926[11]:
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1921/22
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1922/23
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1924/25
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1925/26
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| Total of registered for the courses
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282/258
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332/273
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142/124
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166/112
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| Regular students
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273/256
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329/269
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134/112
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153/108
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| Extra students
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9/2
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3/4
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8/12
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13/4
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| Optional attendees
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| Country:
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| Czech-Slovak Republic
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20/12
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8/6
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3/3
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1/2
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| Eastern Ukraine
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211/204
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| Armenia
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|
|
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0/3
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| Lithuania
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|
|
|
1/0
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| Trans-Dnister Ukraine
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36/30
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|
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| Bukovyna
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10/11
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13/12
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5/2
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6/2
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| Kuban
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4/0
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1/1
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6/8
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7/4
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| Byelarus
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1/1
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1/1
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|
0/1
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| Russia
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|
1/1
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|
|
| Estonia
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|
|
0/1
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|
| Georgia
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|
|
1/1
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3/0
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| Yugoslavia
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|
|
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0/3
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| Galychyna
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251/220
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81/68
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74/40
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| Nationality:
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|
|
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| Ukrainians
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258/241
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323/266
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139/120
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162/103
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| Trans-Carpathian Ukrainians
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10/5
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| Czechs
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8/7
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4/3
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2/3
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1/2
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| Belorussians
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1/1
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1/0
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|
0/1
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| Russians
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|
3/0
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|
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| Germans
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1/4
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1/1
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|
|
| Armenians
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|
|
|
0/3
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| Jewish
|
4/0
|
3/0
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|
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| Georgians
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|
|
1/1
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3/3
|
Most
of the lecture brochures of professors and associate professors were published
by the ULU and UIA printing facilities as well as by the “Association at UIA”.
Specifically scientific-research activities in the sphere of Law were parallel
to the academic process and to some extent were also conducted independently.
Results of the scientific research were made public through delivering speeches
or presenting brochures/essays at the sessions of the department or at the
meetings of scientific associations: the Ukrainian Law Association in
Czech-Slovak Republic[12],
the Historical-Philological Association in Czech-Slovak Republic, the Ukrainian
Scientific Institute in Berlin and Warsaw, as well as through participating in
various scientific gatherings/congresses. At the first Ukrainian scientific
congress in Prague (October 3-7, 1926) the law-sociology workshop had been
established within which 4 sessions were held and 25 scientific brochures
presented[13]. At the
second Ukrainian scientific congress in Prague (1931) the law-economic workshop
was established and several scientific brochures were presented[14].
Significant achievement in the activities of the Ukrainian law-scientists was
the organization of the Ukrainian Law congress which took place in Prague,
October 4-7, 1933 under the honorary chairmanship of the ULU’s rector –
I.Gorbachevsky. Opening and summary remarks at the congress were delivered by
S.Dnistryansky. At the congress scientific brochures were presented, for
instance: L.Biletsky “The oldest version of
“Ryuska Pravda”, Zh.Perich (law professor at the Belgrade University and
the International Law Academy in Hague) “Non-juridical elements in the Law”,
A.Yakovliv “Progress of the Ukrainian Law in 17th-18th centuries”,
S.Dnistryansky “New ways for the Ukrainian State Law”, and many others (total
of 34)[15].
Quite interesting were items of the resolution adopted at the congress: “a)
congress recognizes it is necessary to publish a scientific-practical version
of the text of “Ryuska Pravda”; b) recognizes the necessity to institute
Criminal Court in Ukraine with participation of the civilian element; c) to
recognize economic law as a valid subject of the University workshops; d)
congress recognizes a substantial influence of the Ukrainian social and
economic theories upon Moscow and wants to focus scientists’ attention on the
fact that it is advisable to further research other aspects of this influence;
e) congress expresses its desire to create within the Ukrainian Law Association
in Prague the standing Commission on development of scientifically-proven
agricultural code of Ukraine” as well as resolutions of unofficial character:“recognizing that the famine is the result of human rights and rights of Nation
negation the people gathered at the Ukrainian Law Congress in Prague express
their sorrow that this can happen even in 20th century and that the
Government of the Soviet Union does not attempt to save the nation from its
destruction”[16]. Ukrainian
law scientists established in 1923 the Ukrainian Law Association which united
primarily law professors of the ULU, and also attempted to establish the
Ukrainian Law Institute. However, due to financial constraints this idea was
not possible to realize[17].
The purpose of this Association was to “unite theoretical and practical
Ukrainian law forces on the basis of researching Ukrainian Law issues, as well
as care about social, material (financial) and moral interests of the Ukrainian
law scientists in Czech Republic and assist in establishing friendly
relationship between the Ukrainian and Czech law scientists”. In 1933 there
were 61 members of the Association. Among them there were also several
scientists from the Trans-Carpathian Ukraine[18].
Ukrainian law scientists
maintained contacts with scientific circles of the Soviet Ukraine, Western
Ukraine, Czech-Slovak Republic and other countries. Their publications were
printed and revised in magazines in Kyiv and Lviv. In 1928 S.Dnistryansky was
elected regular academician of the All-Ukrainian Academy of Science. He also
taught law in the Czech High school for political science, civil law in Prague
German University and was a member of the examination commission from the law
department of the German University[19].
Ukrainian law scientists were
also involved in the international law activities, for instance: participated
in congresses of the Czech-Slovak law scientists in 1925 and 1930, in the
International Congress of Criminologists in Prague (1930), in the first
congress of law scientists from Slavic countries in 1933.
This was a very brief overview of the Ukrainian law scientists’
activities in Czech-Slovak Republic which topic assuredly deserves a much more
detailed coverage.
Subject of this publication is
the annotated bibliography of scientific publications by the Ukrainian law
scientists working in emigration in Czech-Slovak Republic: in the Ukrainian
Liberty University in Prague, the Ukrainian Industrial Academy in Podyebradakh,
the Ukrainian High Pedagogical Institute named after M.Dragomanov, the
Ukrainian Technical-Industrial Institute; in Poland: in the Ukrainian
Scientific Institute in Warsaw; in Germany: in the Ukrainian Scientific
Institute in Berlin during 1921-1940. This bibliography includes publications
in Ukrainian, German, Polish, Czech, English and French languages and were
printed in Czech-Slovak Republic, Ukraine, Poland, Austria, USA, France,
Germany and other countries.
To prepare this bibliography
publications were used which were saved due to selfless efforts of many people
in special funds of the scientific library named after V.Stephanyk in Lviv, the
Lviv State University library named after I.Franko, as well as materials from
the Central State Historical Archive of Ukraine in Lviv. It is also worth
noting that this is not the first research of such matter. First attempts to
prepare a general bibliography of publications by the Ukrainian law scientists
in Czech-Slovak Republic were previously made by P.Zlenko, V. and A.Zajikiny[20].
In the research activities to compile bibliography of publications of the
Ukrainian law scientists were also involved Ya.Padokha, S.Dnistryansky,
V.Starosolsky and A.Yakovliv[21].
In 1930th there were several publications dedicated to particular
individuals from among the Ukrainian law scientists group: S.Dnistryansky,
P.Klunny, O.Ejhelman, R.Lashchenko. In 1992 M.Mushinka published his essay on
the activities of S.Dnistryansky.
The purpose of this publication
is to remember unjustly forgotten or previously neglected or unknown scientific
publications by the Ukrainian law scientists and bring them back into the realm
of the Ukrainian law science.
Ukrainian
jurisprudence: materials for bibliography (xix—xx century). -Lviv: Shevchenko Scientific Society,
2002.-P.260
summary
Ukrainian law,
as a part of the Ukrainian history, has long-running traditions. Due to
concrete historical conditions, Ukrainian law did not have possibilities to
develop consistently at the state level until
the early 90s of the past century.
With the restoration of the
independent Ukrainian state it is our duty to compile a thorough bibliographic
index of works by Ukrainian law specialists
– who worked in the past and who work for the benefit of Ukraine nowadays even though they have been
scattered around vast geographical territories of both Ukraine (Galychyna,
Trans-Carpathia, Bukovyna) and foreign countries.
The bibliography
includes parotially works by the Ukrainian law specialists who worked in the
tzarist Russia. Nevertheless, the high level of law science development, and
law publications in tzarist Russia illustrate the fact that Ukrainian law
schools played a very important role in Russian law formation.
In XIX century there were
numerous bibliographies compiled on Russian law science which enable the examiner
to evaluate the development of the law science and practice in tzarist Russia.
Certainly, it would be difficult to find in those bibliographies even a passing
reference to Ukrainian law school or its achievements. The study of this period
in the light of Ukrainian law schools still awaits its examiner[22].
The 20s-30s of the XIX
century brought hope for the development of Ukrainian scientific and practical
jurisprudence. This period is characterized by scientific research patriotism
and truly state-hood building ideas in the research of the Ukrainian law
history and prospects for its development in the future. However, due to known
reasons the development of Ukrainian jurisprudence was extremely
ideologically-charged. Yet even under such conditions we can still talk of
Ukrainian law schools on theory and history of the state and law, international
law, civil, criminal and other brunches of law.
The period of
Ukrainian jurisprudence development in the Ukrainian SSR after World War II as
not the object for our study. We would just like to indicate a few works which
most thoroughly and objectively present the history of this period of the
Ukrainian jurisprudence development: Law science and education in Ukraine / Yu.
S. Shemshuchenko, I. B. Usenko, B.M.Babij and
others; Ex. Edit. Yu. S. Shemshuchenko; 1992.— 304 p.; Academic legal
thought / Compiled: I. B. Usenko, T. I. Bondaruk. Under gen. superv. U.S.Shemshuchenko.— K.: In Yure,
1998.— 503p. Works
which also contain significant factual historical material: Babij B.M. Essay on development of the law research in the
Ukrainian SSR, 1919—1984.— Kyiv, 1984.— 196p. Social
sciences in the Ukrainian SSR. 1976—1980. State and Law. Brochure of compiled materials /
edit. B.M.Babij and
others.— K.,1982.— 220 p.
We shall note here a number
of well-known bibliographies of the works of jurists in the Ukrainian SSR.
Inthe 20-30s the bibliographies of the
Ukrainian legislation were compiled regularly: ABC-subject bibliography for NKY
Bulletins for 1924.— Kharkiv, 1925.— 70 p; Alphabetical-subject bibliography for
legislation pub. from 1919 till 1923, effective on the territory of the
Ukrainian SSR. (Comp. By Yu.Katsnelson, I. Kophman).— Odessa, 1924.— 88 p.; Herald of
the Soviet Justice. Systematic bibliography of the materials issued in 1927.—
Kh.: Chervonyj Druk, 1927.— 24 p.; Collection of laws and regulations of the
workers-and-peasants’ government of Ukraine. ABC-subject bibliography for the 1st
and 2nd collections of laws and regulations.— Kh, 1926.— 49 p.; 1927.— 106p.; 1928.— 54p.
Such traditions
still continue on today. A whole range of bibliographies and reference guides
were devoted to personalities of Ukrainian jurists: Boris M. Babij/Preface by
A.P.Taranova; Comp.
by G.A.Oskoma; Edit.
Board K.M.Sytnik and
others.— K.: Naukova
Dumka, 1984.— 58p.;
Valentin K. Mamutov/Ukrainian Academy of Sciences. Comp. by V.I.Dudina.— K.: Naukova
Dumka, 1994.— 63p.; Vasyl Ya. Tatzij: Jimed for the 60th birth
anniversary and 35th years of scientific-pedagogical and social
activities/Yu.M.Hroshevoj (comp.): Ukrainian National Academy of Sciences;
APNU.— Kh: Law, 2000.— 50p.— (Biography and bibliography of jurists); Victor P.
Kolmakov (1913—1973).
Bibliography.— Odessa, 1975.— 13p.; Victor V. Tzvetkov (jimed for the 75th
birthday anniversary and 50 years of scientific-pedagogical activities) / V.I.Semchyk comp.
Academy of Law Sciences of Ukraine.— Kh.; Law.— 1998.— 29p.; Vitalij I, Semchyk
(O.Polivodskyi
comp.): Koretskyi Institute of State and Law.— K, 1997.— 43p.; Vladimir M.
Koretskyi: Bibliography.— K.: Naukova Dumka, 1984.— 60p.; Voronenko V.,
Kisterska L., Matveyeva L., Usenko I., Mykola P. Vasylenko / Preface by
Yu.Shemshuchenko.— K.: Naukova Dumka, 1991.— 272p.; Depenchuk L. Bohdan
Kistyakivsky.— K.: Basics, 1995.— 174p.; Marko I. Bazhanov/Yu.V.Baulin (comp.)
Academy of Law Sciences of Ukraine.— Kh.: Law, 1997.— 30p.; Olexandr M. Bandurka.
Bibliography for the 60th birth anniversary.— Kh., 1997.— 32p.;
Petro P. Mykhaylenko/Yu.Sytnikov
(comp.): Ukrainian National Academy of the Interior.— K.,1999.— 39p.; Fedir H.
Burchak. Academy of Law Sciences of Ukraine.— K.:InYure, 1999.— 20p.; Yurij S.
Shemshuchenko: Timed for the 6oth birth anniversary / Yu.Ya.Kasyanenko-comp.—
K.:Geneza, 1995.— 51p.
Special
attention shall be paid to the scientific researches by the Koretskyj Institute
of the State and Law presented in bibliographies: Systematic index of works
published by scientific personnel of the State and Law Institute of the Academy
of Sciences of the USSR (1949—1969). Issue 1. / USSR Academy of Sciences.
Institute of the State and Law; Comp. By G.O.Oskoma, V.O.Khorkova.— K.,1971.—
173p.; Systematic index for works published by scientific personnel of the
State and Law Institute of the Academy of Sciences of the USSR (1971—1974).
Issue 2. / USSR Academy of Sciences. Institute of the State and Law; Comp. by
G.O.Oskoma, V.O.Khorkova.— K.,1974.— 101p.; Koretskyj Institute of State and
Law of the Ukrainian National Academy of Sciences. Scientific achievements for
50 years (1949—1999)/ Executive editor Yu.S.Shemshuchenko.— K.: InYure, 1999.—
347p.
During the
existence of the Ukr. SSR soviet researchers of the ukrainian jurisprudence
normally overlooked or gave a biased coverage of the activities of the
Commission on studying history of Western-Rus’ and Ukrainian Law[23],
the Commission on studying customary law of Ukraine and the Commission on
soviet law which were established by the All-Ukrainian Academy of Sciences.
Unfortunately, even modern researchers do not pay enough attention to the
activities of those Commissions and works of their employees. Therefore, the
author includes into the index the bibliographic description of works by
Ukrainian law specialists which editions were published in the editions of the
All-Ukrainian Academy of Sciences: “Works of the Commission on studying
Western-Rus’ and Ukrainian Law”, “Works of the Commission on studying customary
law”, “Scientific experiments and exploration by the Commission of the soviet
law”, “Collection of the socio-economic department of the All-Ukrainian Academy
of Sciences (VUAN)” and “Proceedings of the socio-economic department of the
VUAN”.
With no attention from both the soviet jurisdiction
as well the modern Ukrainian jurisdiction left has been a whole stratum of works
by the Ukrainian law specialists who were working outside the Soviet Ukraine,
researching Ukrainian law and law of the other countries, developing Ukrainian
school of law and thus, in our opinion, such works should become an integral
part of the Ukrainian jurisprudence.
Nevertheless a whole
stratum of researches by Ukrainian law scientists who were working outside the
Soviet Ukraine, making researches of Ukrainian and foreighn law, and developing
Ukrainian school of law has been left with no attention. In our opinion, such
works should become an integral part of the Ukrainian science of law.
Unfortunately,
there are no specific bibliographies of works of the Ukrainian law specialists
who worked outside Ukraine. It’s worth noting, though, some bibliographies
which partially include works by the Ukrainian law scientists from various
historical periods: Bibliography of scientific works of Ukrainian emigration
1920—1931/Compiled by P. Zlenko.— Prague, 1932.— 154p.; Dnistryanskyi S.,
Starosolskyi V. Ukrainian law professors // Jubilee Almanac of the Ukrainian
Law Union (SUA) in Lviv.— Lviv: SUA, 1934.— P.126—145; Zajikin V.,Zajikina A.
Historico-juridical science of the Ukrainian emigration and its major
ideological directions. Concerning it’s characteristics expressed in the
article by L.Okynshevytch
„National-democratic
concept of the Ukrainian law history in the works of academician M.Hrushevskyi
// Ukraine.— K., 1932.— Part I,II ½.— Lviv, 1937.— 19p., Padokh Ya.
Subject-matter of the history of the Ukrainian law in Ukrainian Free University
(UFU) and its teachers (1921—1981) // Scientific collection of the UFU.—
Munich, 1983.— V.10.— P.1031— 1049., Tschubatyi N. Gegenstand der Geschichte
desukrainischen Rechts // Contributions
a L’Histoire de Ukraine au 7-e Congress International des Sciences
Historiques.— Leopol,1933.— Ð.69—95; Tschubatyj M. Literatur und ukrainischen
Rechtgeschichte in den Jahren 1919—1929 // Przewodnik historyczno-prawny.— Lwow,1930.—
Rocznik 1, Zesz.2—
S.162—179; Zesz.3.— S.263—283; Zesz.4.— S.388—411.—
Abdruck: Lemberg, 1931.— 63 S.; Yakovliv A. Scientific work of the Ukrainian
emigration in the sphere of law // 2nd Ukrainian scientific
conference in Prague.— Prague, 1934.— P.107— 112.
Many works are
devoted to the Ukrainian law scholars who worked outside Ukraine they are
presented by the author in the first part of the book in the chapter:Personalities of Ukrainian ;Law specialists. Moreover, we would like to note
some works by the modern researchers devoted to personalities of the Ukrainian
law specialists which have been published recently in Ukraine; they are not
included in the book: Andrusyak T. Kost’ Levytskyi: life for the sake of the
people // NTSh Herald.— Lviv, 2000.— Part 23— P.6—8; Andrusyak T.
Academician Stanislav Dnistryanskyi and his role in establishing UFU // UVU
Scientific collection.— Munich; Lviv,1995.— V.17— P. 62—67.; Andrukhiv I.,
Arsenytch P. Ukrainian law specialists in the national revival of Halychyna:1848—1939.— Ivano-Frankivsk, 1996.— 79p.; Vosnyj V. Founder of the Ukrainian
jurisprudence (Timed for the 125th birth anniversary of academician
S.Dnistryanskyi) // Herald of the Ukrainian National Academy of Sciences
(NAN).— 1995.— No 11/12.— P. 59—63.; Halushko M.V., Romanyuk M.M. Stanislav
Dnistryanskyi —
editor of the first Ukrainian law publications // Collection of works by the
scientific-research center of periodicals / Under ed. of: M.M.Romanyuk.— Lviv, 1996.— 1997.— Issue
¾.—3/4 P.395—399.; Kulchytskyi V. Vivcharenko O., Bojko I. Ukrainian
jurisprudence in personalities.— Ivano-Frankivsk, 1995.— 38 p.; Kupchynskyi
O. Distinguished organizer and supporter of the Ukrainian science // NTSh
Herald.— Lviv, 1988.— Part 19/20.— P.38—40.; Mushynka M. Academician Stanislav
Dnistryanskyj // Herald of the USSR Academy of Sciences.— 1991.— ¹6.— P.86—96.;
Academician Stanislav Dnistryanskyj (1870—1935): Bibliography/Compiler and
author of the preface M. Mushynka.— Kyiv, 1992.— 93p.; Manuscript heritage of
Yaroslav Padokh. List of cases from personal archive / Preface by
O.Kupchynskyi. Some words about Yaroslav Padokh and his archive.— Lviv;
New-York, 2000.— 41p.; Ohorodnyk T. Advocacy and socio-political activities of
V.Starosolskyj 1929—1939 (based on articles from „Dilo” newspaper) //
Collection of works by the scientific-research center of periodicals-Lviv,
2000.— Issue 7.— P.375—393.; Sukhyj O. Mykhaylo Lozynskyj: scholar, public
figure, politician (Scientific exploration).— Lviv,1995.— 31p.
During the
period of the XIX-earlyXX century the works by Ukrainian law specialists were
presented in the bibliographies published at that time in Halychyna. Materials
for that period (1848—1900) are used by the author from the publication „Repertoire of
the Ukrainian book”, (798-1916: Materials for bibliography. V.1—4/Comp.,
preparation and references by L.I.Il’nytska; O.I.Khmil; Scientific edition by
Ya.R.Dashkevytch
(Lviv, 1995—1999)
presented with preserving the descriptions and orthography used at that time.
It is also has to be noted that the works of Ukrainian law specialists from
Halychyna were used in specialized Polish-language law bibliographies published
on the territory of Austria and Rech Pospolyta, however those were only the
works published in the Polish language.[24]
The works of Ukrainian law
specialists from Trans-Carpathian region are partly presented in the
collection: General bibliography of Podkarpatye / Compiled by Nikolaj Lelekatch
and Ivan Harajda.— Uzhgorod: Publication of Podkarpatye Scientific Association
in Unhvar, 1944.— 148p.— (Literary-scientific library; Part 30). Descriptive
analysis of achievements by the Ukrainian law specialists from Bukovyna is
presented in I.Novosivskyi’s article “Ukrainian jurists in Romania after 1918”
published in the journal “Law. Herald” (New-York) in 1995.[25]
The works by the Ukrainian law specialists from Trans-Carpathia and Bukovyna
are partly presented by us; yet, in our opinion, this period and activities of
the Ukrainian law specialists in these regions of Ukraine are still to be
thoroughly studied.
The author has
also published a number of works from the law bibliography.: “Life and Law
(1928—1939):Systematic index”.— Lviv: NTSh, 1995.— 36p., Union of Ukrainian Advocates in Lviv. Part 1:Index of publications. – Kyiv: Ukrainian Publisher’s Union, 1998.— 55p.
Scholarly papers of Ukrainian jurists in the law sphere in the Czechoslovak
Republic in 1921—1940; Bibliography. – Kyiv: Ukrainian Publisher’s Union,
1998.— 62p.
Publications of Ukrainian
jurists were selectively included into bibliographies published in the USA,
Canada, Germany etc. Up-to-date computer technologies allow to see on web-sites
in the Internet[26] some
selective information about Ukrainian law publications in Ukrainian and in
other languages.
This
bibliography represents an attempt to compile a consistent bibliographic index
of the works by Ukrainian jurists in the
XIX—XX
centuries.
This
bibliography includes works of Ukrainian jurists who worked at Lviv University,
the Ukrainian Underground University in Lviv, the Ukrainian Free University
(UVU) in Prague and Munich, the Ukrainian Scientific Institute in Warsaw and
Berlin, the Ukrainian Industrial Academy in the Czech Republic, the Ukrainian
High Pedagogical Institute after M.Drahomanov in the Czech Republic, The
Scientific Society after Taras Shevchenko, the Ukrainian Free Academy of
Sciences in Germany and the USA and in other scientific and educational
institutions.
The collection
consists of two parts: the first comprises works by Ukrainian jurists, namely,
specific publications, monographs and theses presented in the following
journals and collections: Bohosloviya (Warsaw); Volya (Vienna); Elpis (Warsaw),
Notes of NTSh (Lviv); Notes of the Ukrainian Academic Community at the
Ukrainian Industrial Academy (UGA) in the Czech Republic (Podyebrady); Notes of
UGA in the Czech Republic (Podyebrady); Notes of ChSVV (Rome); Historical
calendar-almanac of the Red Kalyna (Lviv); Calendar of the “Prosvita” Association
(Lviv); Knyhoylub (Praha); Literary and Scientific Herald (Lviv); Scientific
Notes of the Ukrainian Technical and Industrial Institute (Munich); Scientific
and collection of UVU (Prague); Works by historico-philological society in
Prague (Prague); Works of the Ukrainian Scientific Institute in Warsaw
(Warsaw); Development of the state (Montreal); Development of the nation
(Prague); publications of NTSh in series of „Rus’ka historical library
of NTSh” (Lviv); „Russian
People’s Voice” (Uzhgorod); Modern contemporary Ukraine (New-York); Our time (New-York; Toronto; Munich); Ukrainian
calendar (Warsaw); Ukrainian independent (Munich); Abhandlungen des
Ukrainischen Wissenshafttlichen Institutes in Berlin (Berlin); American Slavonic
and East European
Review (New-York); Archiv fur Rechts — und Wirtschaftsphilîsophie (Berlin-Breslau); Archiv fur die Zivilpraxis
(Vienna); Czasopismo prawnicze i
ekonomiczne (Krakov); Indiana Law
Journal, Iherings Jahrbucher fur die Dogmatik des burgerlichen Rechts (Yena), Gazeta sudowa Warsaw); Gerichtszeitung (Hrunbut); Justice das le monde (Luvien);
Jurisprudentia Argentina; Zeitschrift fur das Privat — und uffentliche Recht der Gegenwart, Jahrbuch der Ukrainenkunste (Munich); Jahrbucher fur Geschichte Osterreichische Zeitschrift fur
Afentliches Recht (Vienna); Osteuropas (Breslau (now Wrotzlaw); Le Monde slave (Paris); Les questions
ukrainienes (Zurich); Mjeseunik (Zagreb); OstEuropa (Jahrgunu); Îst-Europa
(Berlin); Osterreichische Richter Zeitung (Vienna); Palestra (Warsaw);
Parlamentsprotokolle (Vienna); Pravnik (Prague); Prawnik (Warsaw); Proloque (New-York); Przeglund prawa i administracyi (Lviv); Przewodnik
historyczno-prawny (Lviv); Revista Espanola de Derecho Internacional
(Madrid);Revista de Estudios Politicas
(Ìàäðèä); Revue de Droit
International (Geneva); Samorzud Terytorjialny; Sbornuk vud pravnuch a stutnuch (Prague); Slavia Orientalis
(Warsaw); Slavic and East European studies (London); The Ukrainian Quarterly
(New-York);The Annals of Ukrainian
Academyof Arts and Sciences in the
United States (New-York); Ukrainian Review (London); Zeitschrift fur Geschichte
Osteuropas (Breslau (now Wrotzlaw); Zeitschrift fur Osteuropische Recht
(Breslau (now Wrotzlaw); Zentralblatt fur die juristische Praxis (Vienna).
In the first
part of the collection the annotated description of the works published in the
Ukrainian, German, Spanish, French, Polish, Czech, Serbian, English and Russian
languages is given; they were edited in Austria, England, Argentina,
Belgium,Canada, Germany, Poland, the USA, Ukraine (Halychyna, Bukovyna,
Trans-Carpathia, partly in the Ukrainian SSR), France, the Czech Republic,
Switzerland, Yugoslavia and other countries over 200 years.
The second part of the
collection includes annotated content description of the Ukrainian professional
law publications and law newspape which were published in the XIX—XX century;
es in the Ukrainian language: „Chaasopys Pravnycha” (Lviv); „Chaasopys
Pravnycha i Ekonomichna” (Lviv); „Pravnychyj Visnyk” (Lviv); „Law Herald”
(New-York); „Bulletin of the Ukrainian Advocates Union in Lviv” (Lviv);
„Zhyttya i Pravo” Lviv); „Pravni porady” (Kolomiya).
HISTORY
OF Ukrainian Attorney’s Union in Lviv(1923-1939) //
Advocate, Kjiv.-2002-¹ 4/5.-P.98-106
[1] Ukrainian Liberty University was
established in 1921 in Viennaand same
year was moved to Prague. For more details on scientific activities of
the Ukrainian law scientists in Czech-Slovak Republic refer to: Padokh.Ya.,
Subject of the History of Ukrainian Law in ULU and its Professors
(1921-1981).// Scientific collection of ULU. Munich. 1983.V.10.-p.1031-1049;
Dnistryansky S., Starosolsky V. Ukrainians, law professors // Anniversary
almanac of the Ukrainian Bar Association in Lviv.-Lviv.1934.-p.126-145, as well
as: Smal-Stotsky R. The centers of Ukrainian Learning // The Slavonic Review.-
1924.- March. Vol. 1/2, no.6, p.558-568.
[2] Ukrainian Liberty University in
Prague in 1921-1926.-Prague, 1927.-p.67
[3] For more information on
S.Dnistryansky refer to: Academician Stanislav Dnistryansky (1870-1935). Bibliography/Compiler
and author of introduction M.Mushynka.-Kyiv, 1992.-93p.; Melnyk M. New paths on
25-year activities of prof. S.Dnistryansky (Posthumous remembrance) // Life and
Law.-Lviv, 1935-Part2.-p.1-6.; Levitsky K. Doctor Stanislav Dnistryansky //
Ukrainian politicians. Silhouettes of our old envoys and political activists
1907-1914.-Lviv, 1937. –Part2.-p.56-60.; Zoll F.S. Stanislaw Dnistrjanskyj //
Palestra.- Warszawa, 1936.-R13.-N3.-S.1-7.
[4] For more information on
V.Starosolsky refer to: Volodymyr Starosolsky. 1878-1942./ Edited by
I.Starosolska.// ZNTSH. – 1991.-411p. (V.210)
[5] For more information on O.Ejhelman
refer to: Klunnyj P. Lifestory and scientific activities of the honourable
professor O.Ejhelman.-Prague,1926.
[6] For bibliography of R.Lashchenko’s
publications refer to: Gajmanivsky O. Rostyslav Lashchenko. His
bibliography of scientific
publications.//Knygolyub.-Prague,1929,Book3/4.-p.44-48.
[7]
Same.-p.112
[8]
Same.-p.170
[9] Ukrainian Liberty University in
Prague in 1931-1941.-Prague, 1942.-p.14-15
[10]
Same: p.36-37.
[11]
Central State Historical Archive of Ukraine in Lviv: Fund #310, Register #1,
Item #9, and also: Ukrainian Liberty University in Prague in
1921-1926.-Prague,1927.-p.82-84.
[12]
For more information on the activities of the Ukrainian Law Association in
Czech-Slovak Republic refer to: Ukrainian Law Association in Czech-Slovak
Republic (1923-1928).-Prague,1928.-34p.
[13]
Ukrainian Scientific Congress in Prague, October 3-7, 1926.-Prague,1928.
[14]
2nd Ukrainian Scientific Congress in Prague.-Prague, 1934.
[15] Congress proceedings were published
in the magazine: “Life and Law”.-Lviv,1933.-Part4.-p.1-9; 1934.-Part1.-p.1-21.
[16] “Life and Law” magazine.-Lviv,1933.-Part4.-p.9
[17] Academician Stanislav Dnistryansky
(1870-1935).Bibliography/Collector and author of introduction M.Mushinka.-Kyiv,
1992.-p36
[18] Narizhnyj S. Ukrainian
emigration.-Prague,1942.-p.228.
[19] Narizhnyj S. Ukrainian
emigration.-Prague,1942.-p.256.
[20] Bibliography of scientific
publications of the Ukrainian emigration in 1920-1931.Compiled by
P.Zlenko.-Prague,1932.-154p.; Zajikin V., Zajikina A. Historical-juridical
science of the Ukrainian emigration and its main ideological directions. Concerning
its characteristic in the article by L.Okynshevich “National-democratic concept
of the history of law in Ukraine as reflected in publications by academician
M.Grushevsky. (Ukraine.K.,1932.Part1/2).-Lviv,1937.-19p.
[21] Yakovliv A. Scientific activities
of the Ukrainian emigration in the sphere of law //2nd Ukrainian
Scientific Congress in Prague.-Prague,1934.-p.107-112.
[22] Here we shall indicate just some studies: Bondarchuk T. Founders of Kyiv historico-juridical school M.F.Vladymyrskyi-Budanov
and F. I. Leontovych.— K.:1995.— 25 p.; Bondarchuk T.
Western-Rus’ Law: experts and research es Kyiv - historico-juridical school/Ex. Edit.
I. B. Usenko.— K.: Koretsky Institute of State and Law of the Ukrainian Academy
of Sciences, 2000.-160p.; Skakun O. „Political and law legal thought in Ukraine — 1861—1917” (1987), „Historical
law school in Ukraine” (1988), „M. F. Vladymyrskyi-Budanov as a historian of Ukrainian Law” (1974).
[23] Most comprehensive and objective
study of the Commission's activities was given in the following work:Okinshevych L. Ten years of work of the Commission on studying the history of
Western-Rus’ and Ukrainian law (1919-1929) // Works by the Commission on
studying the history of Western-Rus’ and Ukrainian law. Issue 6.-K.,
1929.-P.11-30; Same in the French
language: P.31-52. (Collection of the socio-economicdepartment of
the Ukrainian Academy of Sciences. No18).
[24] Suligowski À. Bibl³ografja prawn³cza polska. XIX i XX wieku.-Warszawa:Wyd. imenia W. Andrychiewicza,1911.-XCV+ 538s.; Berier Roman Longchaamps de.
Polska Bibliografia Prawnicza 1911-1912. Rejestr Alfabetyczny. We
Lwowie,1916.-120s. Koranyi K. Bibliografia
historyczno-prawna za lata 1926-1936.-T.1-2.-We Lwowie: Nakladem
Towarzystwa Naukowego.-T.1.-1938.-497s.; T.2.-1939.-433s. (Prace Naukowe.
Wydawnictwo Towarzystwa Naukowego we Lwowie. Dział 1.-Tom XII, Tom. XIII)
[25] More, about Ukrainian jurists from Bukovyna see: Marchuk V., Nykyforuk
M., Patsurkivskyi P. Law department of Chernivtsi University: historical essay //
Yerlihivski collection.-Chernivtsi, 1995, Number 2.-P.3-20.
[26][26] Ukraine: Legal Materials in English (1992-1993). A selected
bibliography compiled by Marta Tarnawsky.
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