Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue № 10(22)



Description: The article is aimed to attract the attention of not only theorists, but also historians of the study of law to the fact that the latter began its evolution from «custom». It is the latter that is based on worldview recognition and submission. It was closer to justice, and therefore met the ideas of the ideal of the law as the supreme good; it provides peace, order and mutual understanding. Methodology: The research methodology is based on the principles of historicism, systemicity, scientific character, interdisciplinarity. The following methods were used: historiographic analysis, historical and genetic, terminological analysis, comparative, typological. Based on a wide range of published and substantiated studies in the field of principles of the formation of law, the authors systematized and scientifically proved the formula of causal relationships, which ultimately made a decisive influence on the development of positive law. Results: According to the authors, the current legislation, as well as the formation of the state, has passed a significant historical path of its formation and development from the primitive custom to the positive law sanctioned by the state. Moreover, in the early states, custom prevailed even with persistent and constantly strengthened attempts by public authorities to influence the legal status of society and dominate it through the judicial and administrative apparatus. This, in turn, ensured a gradual combination of various forms of legal regulation originating from society and the state.

The very origins and foundations of the current legislation can be found even in the social regulation of primitive society, which was carried out with the help of customs, taboos, morality, and the like. Moreover, the basic principles of customary law as the first form of positive law were mythological and religious principles, which were also developed and supplemented in the further development of its forms. The sources of the current legislation which reflect the historical beginning of its gradual formation and development are different in certain spatial and social dimensions.

As for the current legislation, it arose in the context of the gradual and prolonged formation of a socially heterogeneous society, as well as the development of social and economic relations. At the same time, the theoretical and historical conditions for the emergence of officially established modern legislation are formed through the list of social interests of strata close to the state apparatus. These circumstances made it possible to make managerial decisions that would better protect their property rights and opportunities, and helped them in the institute of positive law, which was generally binding for the whole society.

Key words:state, society, law, positive law, evolution, theory of law development.


  1. Bedrii, M. M. (2018). Osnovni ta dodatkovi oznaky pravovogo zvychaiu u konteksti poshukiv yogo definitsii [Basic and additional features of legal custom in the context of finding its definition]. Journal «Science Rise: Juridical Science», 1(3), 25-33. (in Ukrainian)
  2. David, R. (2003). Osnovnye pravovye sistemy sovremennosti [Basic legal systems of the modern world]. Мoskva: Mezhdunarodnyie otnosheniia. (in Russian)
  3. Hrytsenko, V.A., & Brusova O.V. (2018). Pohliadi dorevoliutsijnukh ushenykh-yurystiv shchodo vynyknennia prava v davnih skhidnykh slovian [Reviews of dorevolutional scientists and lawyers on the emergence of law by ancient Eastern Slavs]. The forum of law, 2, 37-44. (in Russian)
  4. Gurevich, A. (1972). Kategorii srednevekovoi culturi [Categories of medieval culture]. Мoskva: Iskusstvo. (in Russian)
  5. Gurevich, A. (1970). Problemy genezisa feodalisma v Zapadnoi Yevrope [Problems of the genesis of feudalism in Western Europe]. Мoskva: Visshaia shkola. (in Russian)
  6. Kachanina, Т.V. (2004). Proiskhozhdeniie gosudarstva i prava [Origin of state and law]. Мoskva: Vysshaia shkola. (in Russian)
  7. Maltsev, G.V. (2010). Оcherki istorii rannevo prava i gosudarstva [Sketches of the history of early law and the state]. Мoskva: RAGS. (in Russian)
  8. Maltsev, G.V. (2019). Теоretiko-pravovaya kharakteristika pretsedentnoi normy prava [Theoretical and legal characteristic of the case law]. Pravovоie gosudarstvo – Constitutional state, 30, 43-52.  (in Ukrainian)
  9. Piento, R. (1972). Metody sotsialnykh nauk [Social science methods]. Мoskva: Progress. (in Russian)
  10. Schlegel, S. A. (1970). Tiruray Justice: Traditional Tiruray Law and Morality  [Tiruray Justice: Traditional Tiruray Law and Morality]. Berkeley: University of California Press.

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького