Становлення норм щодо рівності жінок і чоловіків у джерелах права Києво-Руської держави

Abstract

The article analyzes the historical experience of the formation of norms on gender equality in the sources of law of the Kyivan Rus state. It is noted that in the current conditions of Russia`s war against Ukraine, active work is being carried out toward European integration. One of the tasks is the effective provision of regulatory and legal regulation and the implementation of high-quality gender policy. Today, it is important to bring the current legislation of Ukraine into compliance with the standards of the European in the field of gender parity. Of particular interest is gender parity in the system of public service, which in modern conditions is of great importance, in particular, it implements the functions of the state (public servants ensure the implementation of laws, state programs and decisions of state authorities); protects the rights and freedoms of citizens; contributes to maintaining law and order, security, and social stability in the state; ensures transparency, accountability of authorities, and citizen participation in the management of public affairs, etc. Gender parity in the system of public service implies equal representation of women and men in state bodies and local self-government bodies, as well as ensuring equal opportunities for access to positions, career advancement, and participation in decision-making. It is shown that the formation of gender policy in modern Ukraine, among other things, involves the study of historical experience. Gender equality in Ukrainian law was formed gradually – isolated legal norms to the modern system of anti-discrimination legislation. Of significant interest is the study of the sources of law of the Kyivan Rus state, which contained certain norms regarding the rights of men and women. It is emphasized that in the Kyivan Rus state, relations between husband and wife were carried out on the principles of equality, spirituality, humanism, and justice. The legal status of women in the family was, for that time, at a high level, and their rights were protected by the state. In the norms of Russkaya Pravda, a woman, in particular a mother, had a relatively higher legal status than in many other legal systems of that time. In particular, a mother had the right to inherit property and dispose of it. After the death of her husband, she often became the head of the family and the guardian of the children. A widow retained the right to a share of her husband`s property (the so-called “widow`s share”). Monetary fines (vira) were established for encroachments on a woman`s honor or life. A woman in Kyivan Rus was not considered a completely dependent person and had certain property and procedural legal capacity. The legal status of women in the Kyivan Rus state was higher compared to Roman and ancient Germanic law. Full equality in the Kyivan Rus state was not provided for.