scholarly journals The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects

2018 ◽  
Vol 5 (2) ◽  
pp. 130-136
Author(s):  
Ihor Muronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Documents ◽  
Grand Duchy Of Lithuania ◽  
Development Prospects ◽  
Grand Duchy ◽  
Land Code

The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.

scholarly journals Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land

2019 ◽  
pp. 132-144
Author(s):  
I.V. Myronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
General Rule ◽  
Legal Regulation ◽  
Legal Documents ◽  
Land Owners ◽  
Foreign Countries ◽  
Natural Movement ◽  
Legitimate Interests ◽  
The Republic

The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.). Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.

scholarly journals Lublin Union in the context of narrative minimalism and legal historical contents in the end of 16th – the first half of 17th century

2019 ◽  
pp. 22-30
Author(s):  
V. V. Halubovich
Keyword(s):  
Eastern Europe ◽  
17Th Century ◽  
Public Law ◽  
State Institutions ◽  
The Public ◽  
Documentary Sources ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Different Levels ◽  
Grand Duchy

The article analyzes the information about Lublin 1569 Union from the narrative and documentary sources that date back to the reign of the first monarchs of Vasa dynasty. The author defines main contexts of the term «union» use in the sejm constitutions and documentation of the Grand Duchy of Lithuania congresses. The direct correlation between the estimates of the Union at different levels of state representative institutions of the Commonwealth is revealed. The Lublin Sejm of 1569 was a key event in the history of Eastern Europe, but in the historical works (chronicles and annals) of the second half of 16th – early 17th century information about it and its decisions are concise and general. At the end of 16th – the first half of 17th century the memory of Lublin Union was not mainly broadcast by narrative channels. In keeping the memory about 1569 events legal deeds and state institutions decisions were of considerable importance. The result of the state union with Poland was the approval of the public law standards that could not be ignored by any representative of the so-called political people of the Grand Duchy of Lithuania in the following centuries. The author maintains that as a whole the Grand Duchy of Lithuania gentry did not question the correctness of the 1569 choice, took and defended «Lublin myth», as under those conditions it had more benefits than losses.

scholarly journals GENESIS OF THE LEGAL REGULATION OF PRE-TRIAL CRIMINAL PROCEDURE IN THE ANCIENT BELARUSIAN LANDS

2021 ◽  
pp. 137-140
Author(s):  
Y. Shkaplerov
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Grand Duchy Of Lithuania ◽  
Xix Century ◽  
Grand Duchy

The article considers the genesis of the legal regulation of pre-trial criminal procedure in the ancient Belarusian lands from the beginning of the XI century. In particular, the provisions of the senior written source of Kievan Rus law – Russkaya Pravda, which regulates such procedural institutions as “svod”, “gonenie sleda”, are analyzed. Thus is considered their essence and opinions of various authors on the designated problems. The author focuses the attention on the fact that the legal regulation of traces fixation of socially dangerous acts, determined by some provisions of the Russkaya Pravda, was taken by the legislator after some centuries and reflected in the Statutes of the Grand Duchy of Lithuania in 1529, 1566, 1588, which were in force on the Belarusian land until the XIX century.

scholarly journals The Document in the Hierarchy of Evidence of the Legal Process in the Grand Duchy of Lithuania in the Late Fifteenth Century and the First Half of the Sixteenth Century

2020 ◽  
Vol 46 ◽  
pp. 8-24
Author(s):  
Irena Valikonytė
Keyword(s):  
Fifteenth Century ◽  
Legal Regulation ◽  
Legal Process ◽  
Judicial Process ◽  
Judicial Affairs ◽  
Legal Evidence ◽  
Legal Power ◽  
Late Fifteenth ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

The discussion on the legal power of documents generated by the researchers exploring the written culture of the Grand Duchy of Lithuania in the fifteenth and sixteenth centuries invites for a more detailed analysis of the usage of a written document in the legal process, the chronology of its legal regulation, the document’s place in the system of evidence as well as its meaning in the legal consciousness of the nobles. The legal proceedings and rulings recorded in the judicial affairs books incorporated into the Lithuanian Metrica reveal the process when, with the development of the written culture and the increase of the demand for documents in the state’s internal affairs, the written document evolved into an independent and sound legal evidence in the judicial process. In the civil cases, primarily concerning the land ownership, the legal power of a written document was recognized already in the middle of the fifteenth century (although there was no peremptory requirement to present written documents in the judicial process), and approved by the extended edition of the First Statute of Lithuania. In the late fifteenth and early sixteenth centuries, the long-lived “colorful robes of justice” (the oath, the gesture, the placing of one’s cap) were replaced in the system of legal evidence by written documents which, from then on, were considered as more reliable evidence than a personal oath, and, in some cases, even a testimony. Eventually, this view found its place in the consciousness of the nobles who documented their transactions and used documents to solve legal conflicts. Moreover, in Lithuania, unlike in the Kingdom of Poland, the judges considered not only the public, but also the legitimate private documents as legal evidence of equal importance. Although, the hierarchy of legal evidence, that prioritized the documents was embedded only in the Second Statute of Lithuania (chapter IV article 52, entitled “On evidence and defense” (O dovodech i otvodech), the analysis of sources allows to decisively affirm that the main source of the aforementioned article was the practice of the courts in the late fifteenth and early sixteenth centuries.

scholarly journals Politics of Central Asia: Water and Energy Aspect

2016 ◽  
pp. 7-18
Author(s):  
S S Zhiltsov
Keyword(s):  
Soviet Union ◽  
Water Resources ◽  
Central Asia ◽  
Water Use ◽  
Transboundary Rivers ◽  
Legal Documents ◽  
The Soviet Union ◽  
Central Asian ◽  
Energy Aspect ◽  
Central Asian Republics

This article analyzes the situation regarding the water resources of the transboundary rivers that developed in Central Asia after the collapse of the Soviet Union when the previous mechanism of mutual account of the interests of all the Central Asian republics broke down. Particular attention is given to the factors that have an impact on the formation and implementation of Central Asian politics regarding water use. A comparison is made of the international legal base that regulates conflicts involving the water resources of transboundary rivers and the legal documents of the Central Asian states. The paper analyzes the reasons for the failure to create a multisided mechanism for resolving the disputes that arise among the Central Asian countries with respect to water use of the transboundary rivers.

Manuscript Catalogs and Inventories of Books from the Lands of the Grand Duchy of Lithuania – Some Problems of Publishing Rules

2012 ◽  
Vol 2 ◽  
pp. 107-121
Author(s):  
Lilia Kowkiel ◽  
Arvydas Pacevičius ◽  
Iwona Pietrzkiewicz
Keyword(s):  
Primary Source ◽  
Digital Form ◽  
Historical Sources ◽  
Historical Texts ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy ◽  
Book Culture

Historians and publishers of historical sources have a lot of problems with the texts written in different languages and alphabets, which were created at different times, in the multilingual areas inhabited by many nations following different religions. The historians of book culture have the same problems with texts of inventories and catalogues of books, which are the primary source of knowledge about the content of libraries. At present it’s also important the historical texts to be published in the digital form. This article is a part of the discussion on this very important subject.

D?r al-?arb as the Motherland? The Muslim Tatars of (the Grand Duchy of) Lithuania and Social Contract

2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius
Keyword(s):  
Twentieth Century ◽  
Social Contract ◽  
Social Consequences ◽  
Nation State ◽  
The Social ◽  
State And Society ◽  
Muslim Minority ◽  
Grand Duchy Of Lithuania ◽  
In The Beginning ◽  
Grand Duchy

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.

“History Misappropriation or Compreension?” (Russian Lihuanian Studies in the 19th and the Beginning of the 20th Century)

2020 ◽  
Vol 58 ◽  
pp. 219-236
Author(s):  
Andrey Yu. Dvornichenko
Keyword(s):  
20Th Century ◽  
Russian Empire ◽  
Soviet Period ◽  
Medieval History ◽  
Scientific Paradigm ◽  
Russian State ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

The abundant Russian historiography of the medieval history of Grand Duchy of Lithuania (Lithuanian-Russian State) has become in the last decades the centre of the discussions and is often subject to groundless criticism. This historiography was not very lucky in the Soviet period of the 20th century either, as it was severely criticized from the Marxist-Leninist position. When discussing Russian historiography the author of this article is consciously committed to the Russian positions. There are no reasons to consider this historiography branch either Byelorussian or Ukrainian one, as that was really Russian historiography, - the phenomenon that formed under the favorable specific conditions of Russian Empire before the beginning of the 20th century. The said phenomenon can be studied in different ways: according to the existing then main trends and schools or according to their affiliation with specific universities of Russian Empire. But according to the author of this article the best way to study the issue is in accordance with the main concepts of history. And then the pre-revolutionary historiography appears as an integral scientific paradigm that turns out to be the most divaricate branch of the Lithuanian studies of the time. It created, in its turn, the most vivid and objective historical picture that can still serve as the basis for the studies of Lithuanian-Russian state.

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