The origin and development of procedural rules in Ancient Greece
Abstract
The research is devoted to the development of legal norms in Greece in the ancient period. It is noted that certain issues of legal norms development in Greece in the ancient period were the subject of research by domestic lawyers and historians, but Ukrainian legal science currently lacks comprehensive historical and legal research on this issue which would cover the entire range of issues related to the origin and development of procedural law in Greece in the ancient period.
It is emphasised that as a result of the formation of the political system, law-making activity is intensified. In addition, law-making activities are freed from the influence of religion and mythology. Instead of unwritten customs, which were interpreted by representatives of the ruling elite, secular law begins to be applied and enshrined in writing.
The article examines the origin and development of procedural rules in Ancient Greece and the administration of justice in Athens, analyses its forms, and considers procedural aspects of the activities of representative institutions of that time in Greece. Given the general patterns of formation and development of the legal process in all its richness, the author draws attention to the ancient experience of non-jurisdictional forms of legal process. The author examines the jurisdictional (civil or criminal law) and non-jurisdictional (procedural aspects of representative institutions) forms of legal process in Greece of the ancient period.
It has been concluded that in Ancient Greece, the procedural rules reflected the procedure enshrined mainly in the rules of customary law, which provided for the application of substantive legal rules. In most Hellenic States of ancient times, it had certain common features. The jurisdictional process in those days was a procedure that was enshrined in law and provided for the procedure for the exercise by public authorities or self-government bodies of their functions in the administration of justice, while the non-jurisdictional form of legal process regulated the procedural aspects of the activities of representative institutions.
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Copyright (c) 2023 D. V. Slynko, L. I. Kalenichenko
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