The evolution of the idea of freedom in Ukraine (9 - first half of the 14th century)

The article is devoted to the study of the idea of freedom as a general principle of law in Ukraine during the 9th – first half of the 14th century. The author emphasizes that the desire for freedom is a mental feature of Ukrainians, and the idea of freedom determined the content of the worldview of the Ukrainian nation. It reflected a person’s attitude to the surrounding reality, formed beliefs, ideals, principles of being and value orientations. The ideals of freedom formed the basis of Ukrainian customary law. Legal custom, based on natural-law ideas and values, determined the scope of freedom for both the community as a whole and each member of society in particular. The concept of freedom in the Ukrainian legal tradition was transmitted through the perception of such categories as “liberty” and “slavery”, therefore its perception took place through the opposition of liberty and slavery. The author concludes that after the emergence of the state in the 9th century. The principles and norms of customary law formed the basis of written forms of law, among which the Ruska Pravda occupies an exceptional place. The content of the idea of freedom was that the status of freedom influenced the division of the population; the legal norms of the Ruska Pravda determined the scope of rights and freedoms of individuals of all social classes, including foreigners. During the specified period, the process of forming the right to freedom of entrepreneurial activity began, however, with respect to certain social classes (merchants, artisans, moneylenders and traders). In the event of the impossibility of fulfilling debt obligations to the creditor, the debtor entrepreneur could, under certain circumstances, lose personal freedom. The emphasis is on the values of freedom, which were affirmed by forming the foundations of the right to freedom of religion: the legislative novelties did not contain regulatory provisions on direct or indirect restrictions on rights or the establishment of privileges on the basis of religious beliefs. The focus is on the right to freedom of movement, legal personality of women, as well as the absence in the system of ancient Ukrainian law of such a type of criminal punishment as restriction or deprivation of liberty (in fact, restriction or deprivation of personal freedom) for a certain period for committing a criminal offense (crime).