НОРМИ МІЖНАРОДНОГО ПРАВА У ПРАВОВІЙ СИСТЕМІ КИЇВСЬКОЇ РУСІ

Abstract

The article analyzes the process of formation of norms and institutions of international law in the legal system of Kievan Rus. The new state faced the task of international legal recognition, expanding geopolitical influence, establishing diplomatic relations with other states, strengthening trade cooperation. During the IX-XII centuries international relations were carried out on the basis of the norms of contemporary international law, and the Kyivan prince became subject of international law as their international obligations became the obligations of the state as a whole. Particular attention is paid to the Treaties of Kievan Rus with Byzantium from 860, 907, 911, 944 and 971. During the formation and development of Kievan Rus as a powerful state the international treaty gradually became the main source of international law. Analysis of Rus’s contractual relations with Byzantium gives grounds to assert that in the field of international law the principles and norms of the law of international treaties, international trade and maritime law as well as the law of war and diplomatic (ambassadorial) law are beginning to take shape. The fundamental principle in the law of international treaties is the principle of compliance with the terms of the treaty (pacta sunt servanda). Among the principles of international trade law is the principle of mutual interest and respect, which was largely reflected in the then international treaties and became the basis for the formation of the principle of reciprocity. In the field of international maritime law there was a process of formation of the principle of the high seas including the provisions of coastal law. In the international legal culture of that time, the principle of just war with a justified purpose prevailed the meaning of which is revealed through the rules that war must be declared and conducted in accordance with the laws and customs of war.