THE INSTITUTION OF GUARDIANSHIP UNDER THE STATUTES OF THE GRAND DUCHY OF LITHUANIA: LEGAL NORMS AND PRACTICE OF APPLICATION

Abstract

This article examines the institute of guardianship under the Statutes of the Grand Duchy of Lithuania as an essential element of the legal system, ensuring the protection of property and social rights of minors of noble origin. The relevance of this study is driven by the need to analyze the historical experience of legal regulation of social relations within the context of the development of Ukrainian legal culture. The primary problem identified is the inequality in the legal protection of children from different social strata, the limitations of the legislation regarding educational aspects, and gender restrictions. The purpose of the study is to analyze the legal norms governing the institute of guardianship, identify its specific features and gaps, and evaluate its influence on the development of Ukraine's legal culture. To achieve this goal, historical-legal, comparative-legal, hermeneutical, and formal-dogmatic methods were employed, enabling a comprehensive analysis of the norms of the three editions of the Lithuanian Statutes. The study revealed that the legal regulation of guardianship under the Statutes of the Grand Duchy of Lithuania focused primarily on protecting the property interests of minors, predominantly of noble origin. The legislation established clear requirements for guardians, such as owning property, having a good reputation in the community, and holding an appropriate social status. At the same time, these norms were closely tied to the estate-based social structure, leaving the rights of children from non-noble backgrounds insufficiently protected. The analysis demonstrated that the Statutes provided mechanisms for monitoring guardians’ actions, including property inventories, reporting to courts, and the possibility of compensating for losses. However, gaps existed in regulating guardianship over incapacitated individuals and the use of income from the wards’ property. A significant aspect was the limited participation of women in guardianship, reflecting the gender inequality of the time. The article proposes a conceptual approach to analyzing guardianship as a legal phenomenon that combines the traditions of Kyivan Rus with feudal legal innovations. This approach highlights the role of guardianship in stabilizing social relations and developing legal culture. The conclusions emphasize the importance of the Lithuanian Statutes as a foundation for the further development of Ukraine's legal system. Future research should explore the evolution of guardianship within specific historical periods, focusing on its adaptation to socio-political changes and the influence of other legal systems on the Ukrainian legal tradition.