Правова природа влади кошового отамана в системі військово-політичної організації Запорозької Січі

The article presents a comprehensive historical and legal analysis of the process of formation of Cossack statehood at the Zaporizhian Sich and determines the place and role of the Kosh Otaman in the state and legal mechanism of Cossack society. Special attention is paid to the study of the powers of the Kosh Otaman in the context of the functioning of the legislative, executive, and judicial branches of power, as well as to the mechanisms of their interaction within the military-republican system of the Zaporizhian Sich. Based on the analysis of historical and legal sources and the works of Ukrainian scholars, it is demonstrated that the Zaporizhian Sich constituted a unique form of political and legal organization that combined elements of direct democracy, the elective nature of public authorities, collegial decision-making, and a strong personalized executive power. The central institution within the system of governing bodies was the Sich (General Military) Council, which functioned as the supreme legislative, administrative, and judicial authority. Its decisions were binding on all members of the Cossack community, including the Kosh Otaman and the military elite. The author establishes that the Kosh Otaman occupied a special place in the state and legal mechanism of the Zaporizhian Sich and effectively performed the functions of the head of the Cossack polity. The institution of the Kosh Otaman was elective and limited in term, which significantly distinguished it from monarchical forms of rule and simultaneously ensured the democratic nature of power. The election of the Kosh Otaman was carried out by the General Military Council, which also remained the primary body exercising control over his activities. The article examines the powers of the Kosh Otaman in the legislative sphere. It is substantiated that he was not an independent subject of law-making in the modern sense; however, he played a key role in the procedural support of the legislative process. His competences included convening and opening the Sich Council, organizing its work, promulgating adopted decisions, and ensuring their implementation. Legislative power at the Sich was collegial in nature and was based on the principle of the supremacy of the will of the Cossack community, which excluded the possibility of unilateral adoption of normative acts by the Kosh Otaman. The main emphasis is placed on the scope of the Kosh Otaman’s powers within the executive branch of government, where he acted as the central official. He headed the Kosh of the Zaporizhian Host, the military-administrative government of the Sich, which included the military judge, clerk (scribe), osaul, and other members of the senior officer corps. The Kosh Otaman exercised overall command of the army, organized military campaigns, was responsible for maintaining internal order, supervised financial and economic affairs, controlled the distribution of land and resources, and represented the Zaporizhian Sich in external relations. A separate aspect of the study is devoted to the judicial powers of the Kosh Otaman. It is proven that despite the collegial nature of judicial proceedings at the Zaporizhian Sich, in serious criminal cases the Kosh Otaman acted as the highest judicial authority. He was entitled to make final decisions or to refer the most significant cases for consideration by the council of senior officers or the General Military Council.