РУСЬКА ПРАВДА У ПРАЦЯХ НІМЕЦЬКИХ ДОСЛІДНИКІВ

The article shows the role and place of German scholars in the study of Rus' Pravda and other sources of law of the Kyivan Rus' State. The author analyzes the works of August Ludwig von Schlözer, Johann Philipp Gustav von Ewers, Alexander von Reinz, Gustav Roselkampf, Johann Georg Neumann, Ewald Sigmund Tobien, Leopold Karl Goetz, Jozef Kohler, Dieter Strauch, and Günter Baranowski. German scholars, starting with Johann Philipp Gustav von Ewers, compared the Rus' Pravda with the sources of European law, in particular, Germanic law, and pointed to the influence of Germanic and Scandinavian law on the Rus' Pravda. German researchers Ewald Sigmund Tobien, Leopold Karl Goetz, and Günter Baranowski translated a number of lists and editions of the Rus' Pravda into German with commentary on the articles of the Rus' Pravda. It is shown that the works of German scholars had an impact on Ukrainian and Russian researchers of the Rus' Pravda. Gustav Evers wrote that cooperation between Germans, Franks, and Rusyns (Ukrainians) took place long before Princess Olha's embassy to the German emperor, and the great Kyivan prince Yaroslav the Wise sought to establish friendly relations with his western neighbors. Johann Evers also wrote that the Rus' Pravda contains some provisions of Norman law. Under the influence of Gustav Evers, who worked in the Russian Empire, other German scholars also worked at the University of Derp (Tartu): Alexander von Reitz, Gustav Roselkampf, and Eveld Tobien. Alexander Reitz wrote that all the barbaric codes of Europe, including the Rus' Pravda, had the same meaning, on the border of the Slavic and Germanic worlds, which were the Elbe and Oder rivers. The peoples transmitted the spirit of jurisdiction and even the language of legislation, as evidenced by the mixing of common Slavic legal terms with Germanic. In his opinion, Rus' Pravda came from the European legal family. Ewald Tobien wrote that the oldest Pravda (Yaroslav's Pravda) was created in the pre-state and Christian period, and all the lists of the Common Version come from one “mother manuscript”. Ewald Tobien was the first to publish all the lists and editions of the Rus' Pravda published at that time in one edition. In 1909-1913, Professor Leopold Karl Goetz of the University of Bonn published the text of the Rus' Pravda in German with a detailed commentary in his four-volume work. Leopold Goetz is considered one of the most authoritative researchers of the Rus' Pravda. He also supported the position of Ewald Tobien that the Rus' Pravda was created before the adoption of Christianity, approximately in the middle of the ninth century, on the basis of ancient Ukrainian customary law, and considered Kyiv to be the place of its creation. In his opinion, the norms of Germanic-Scandinavian law had a greater influence on the Rus' Pravda than the norms of Byzantine law. Leopold Goetz's position was supported by another German scholar, Jozef Kohler, who wrote that Germanic-Scandinavian law began to spread in the Kyivan Rus' state after the formation of the Norman dynasty. A contemporary German scholar, professor at the University of Bonn, Dieter Strauch, points to the influence of Swedish law on the Rus' Pravda. Also, the Rus' Pravda in German with their detailed commentary and other scholarly works that study the Rus' Pravda were published by Professor Günter Baranowski of the University of Bonn. He conducted a comparative analysis of the Rus' Pravda with sources of Germanic and Byzantine law. Keywords: Rus' Pravda, German scholars, German law, customary law, Yaroslav's Pravda, Yaroslavovychs' Pravda, sources of law, Kyivan Rus' State.