The legal status of the individual in «Ruska Pravda» and the Constitution of Pylyp Orlyk: historical origins of ideas of rights and freedoms in the ukrainian legal tradition
Abstract
The article is devoted to a comprehensive historical and legal study of the evolution of the legal status of the individual within the Ukrainian legal tradition, based on the example of two fundamental legal monuments: Russkaya Pravda and the Constitution of Pylyp Orlyk of 1710. The study analyzes the genesis of ideas of human rights and freedoms beginning with the period of Kyivan Rus. The author demonstrates that Russkaya Pravda laid the initial foundations for the legal protection of the individual, although such protection was strictly differentiated and depended on social status. Particular attention is paid to the system of criminal fines (vira), which replaced customary blood feud with a state-administered legal procedure, constituting an important step toward the humanization of law. Special emphasis is placed on the protection of honor, dignity, and property inviolability of the free strata of society, which indicates the early formation of the concept of personal inviolability. The second stage of the study focuses on the analysis of the Constitution of Pylyp Orlyk (Pacts and Constitutions of the Rights and Freedoms of the Zaporizhian Host), which is examined as a unique example of early European constitutionalism. The transition from the medieval estate-based hierarchy to the idea of a «social contract» is highlighted. It is substantiated that the 1710 document, for the first time in Ukrainian history, clearly delineated power and introduced mechanisms of checks and balances, which directly contributed to the strengthening of the legal status of the individual. The Constitution is analyzed through the prism of limiting the arbitrariness of the Hetman’s authority, establishing an independent judiciary, and protecting the rights of socially vulnerable groups (widows, orphans, and Cossack families), which testifies to the emergence of ideas of social justice and underscores its relevance in contemporary contexts. From a comparative perspective, the study reveals the continuity of Ukrainian legal thought, which developed in line with broader European values. It is argued that despite the significant chronological gap, both documents demonstrate a common aspiration to limit despotism and establish the rule of law. The conclusions of the article confirm that modern human rights and freedoms in Ukraine have deep historical roots, and that the Constitution of Pylyp Orlyk became a logical culmination of the evolution of individual rights within the Cossack republican tradition.
Fields of Study & Subjects
Historical Legal Studies and Society
Medieval and Early Modern Justice
Ukrainian Legal and Forensic Studies
Publication details
- Journal / source
- Analytical and Comparative Jurisprudence
- Volume
- 3
- Issue
- 1
- Pages
- 424–428
- Publication date
- 4 March 2026
- Language
- EN