scholarly journals DEVELOPMENT OF LEGAL REGULATION OF USE OF NATURAL RESOURCES IN ECONOMIC ACTIVITY IN UKRAINE

2021 ◽  
pp. 90-99
Author(s):  
А.H. Riabtsova ◽  
Keyword(s):  
Natural Resources ◽  
Middle Ages ◽  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Customary Law ◽  
Soviet Period ◽  
Economic Activities ◽  
Forest Protection ◽  
The Russian Empire

The formation and development of legal regulation of the use of natural resources in economic activity is analyzed. It is established that certain aspects of the legal regulation of the use of some natural resources can be found in Ruska Pravda, which was carried out mainly for tax purposes. The development of legislation on the use of natural resources in the Middle Ages and during the stay of Ukraine as part of the Russian Empire is analyzed. It is established that the use of natural resources on Ukrainian lands during their stay in the Polish-Lithuanian principality was regulated mainly by customary law. Agrarian reform was carried out as a result of the adoption of the act “Ustav na Voloky” (1557). In addition, in 1567 the Forest Charter was adopted, which was one of the first acts in Europe in the field of forest protection and use. It is substantiated that until the twentieth century there was a rather fragmentary regulation of the protection and preservation of natural resources, mainly with a view to protecting the ownership of certain natural objects, especially land. The regulation of the use of natural resources in economic activity in the Soviet period and after the declaration of independence is studied. Among the first acts adopted after the revolution was the “Decree on Land” of November 8, 1917, according to which the land became state property. However, only since the 60 of the last century special laws have been adopted aimed at legal protection of nature. Normative-legal acts of independent Ukraine from the standpoint of regulating the use of natural resources in eco- no mic activity are systematized into three groups: normative acts regulating economic activity in general and certain aspects of natural resources protection; regulations that mainly regulate the protection of natural resources in general and estab lish certain principles of their use in economic activities; regulations governing the protection and use of certain types of natural resources, including in economic activities. In addition, the periodization of the historical development of legislative regulation of the use of natural resources in economic activity is suggested.

Codification of the Natural Resource Legislation in the Russian Empire

2018 ◽  
Vol 9 (1) ◽  
pp. 183
Author(s):  
Eleonora Sergeevna NAVASARDOVA ◽  
Roman Vladimirovich NUTRIKHIN ◽  
Tatyana Nikolaevna ZINOVYEVA ◽  
Vladimir Aleksandrovich SHISHKIN ◽  
Julia Valeryevna JOLUDEVA
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Mineral Resources ◽  
Legal Regulation ◽  
Russian Empire ◽  
Special Importance ◽  
Economic Activities ◽  
Legal Norms ◽  
The Russian Empire ◽  
Forest Legislation

The codification of the legislation on lands, forests, subsoil and other natural resources in the Russian Empire (1721-1917) is studied herein. Some sources of the systematization process in this field of legislation in the period, preceding the formation of the empire, from the time of the ʼCouncil Codeʼ to the reforms of Peter I (1649-1720) are revealed. Initially, the formation of the legal regulation in this field had the form of adoption of numerous separate legal acts. Such law-making methods were casual in nature and resulted in the emergence of internal contradictions in the legislation, which became too extensive and inconsistent. This was the strong reason for the urgent need for its systematization. The land law was most developed in Russia in the pre-imperial and imperial periods, which was due to the prevalence of agricultural production and the special importance of land relations. The land legislation was codified prior to other natural resource industries. The second most important in this area was the forest legislation. This was explained by the abundance of forests and their active use in economic activities, which required serious legal regulation. The importance of subsoil legislation had increased over time, due to increased exploitation of mineral resources. Later, water and faunal law began to develop actively and systematically. The milestone in the development of natural resource industries was M.M. Speransky's codification reform, the main result of which was the appearance of the ʼCode of Laws of the Russian Empireʼ. The separate codes included in it were specifically devoted to land, forest and mineral relations. First of all, they were the ʼCode of Survey Lawsʼ (vol. X), the ʼCode of Institutions and Forest Chartersʼ (vol. VIII) and the ʼCode of Institutions and Mineral Chartersʼ (vol. VII), which, however, were only the part of the array of legal norms on lands, forests and subsoil. Other volumes of the Code of Laws contained a large number of them. The norms of water and faunal law had no separate codes. Their systematization was carried out in the charters of the related branches of law. Along with this codification, a large number of separate normative nature-resource acts were issued. Not all of them were organically included in the relevant codes; they simply joined them as the official annexes. The systematization of the legislation on natural resources in the empire was not very consistent and was not always successful (Engelstein 1993: 339). Even after the most extensive imperial codification, it remained extremely fragmented. However, the demerger of certain natural resource charters from the Code of Laws as the separate codification units indicated the beginning of the formation of the land, forest and mineral law in pre-revolutionary Russia as the independent branches.

scholarly journals MODERNIZATION OF LEGAL REGULATION OF OSSETIAN’S MARRIAGE AND FAMILY RELATIONS

2020 ◽  
Author(s):  
Т.Т. ДАУЕВА
Keyword(s):  
Gender Stereotypes ◽  
Family Relations ◽  
Legal Regulation ◽  
Customary Law ◽  
Annual Reports ◽  
Marriage And Family ◽  
The Family ◽  
Traditional Marriage ◽  
The Russian Empire ◽  
Traditional Norms

В статье представлен сопоставительный анализ инноваций в семейной сфере осетин, их синтеза с традиционными компонентами семейного быта. Особое внимание уделяется особенностям взаимодействия таких институтов регулирования, как обычное право осетин, церковные установления и законодательство Российской империи. Теоретическую основу работы составили концепции ученых, исследовавших проблемы традиционных брачно-семейных отношений, особенностей трансформации семьи в период пореформенной модернизации. Источниковой базой для статьи послужили ранее не опубликованные архивные материалы: судебные дела по разводам, выплатам калыма, двоеженства; переписка Владикавказской епархии с начальником округа; ежегодные отчеты начальников округов Осетии начальнику Терской области. Новизна предопределена предметным обращением к новациям и их конкретным результатам: противоречиям между традиционным укладом семьи и некоторыми трансформациями, например, изменениями гендерных стереотипов и пр. Объектом исследования является традиционная осетинская семья XIX в. с характерными для той поры обычаями и традициями. Своей целью мы поставили выявление особенностей внедрения новаций, присущих российскому администрированию, в брачно-семейную сферу осетин. Следует уточнить, что научному анализу подвергаются отдельно взятые аспекты традиционных норм и установок патриархальной семьи. Высказывается мнение, что именно в семье воплотились наиболее значимые трансформации гендерных стереотипов, что имело свое отражение и в некоторых аспектах этнического сознания осетин. The article presents a comparative analysis of innovations in Ossetians family sphere and their synthesis with traditional components of family life. Special attention is paid to the peculiarities of interaction between such regulatory institutions as Ossetian customary law, church orders, and the legislation of the Russian Empire. The theoretical basis of the work is based on the concepts of those scientist who researched the problems of traditional marriage and family relations, the peculiarities of family transformation in the period of post-reform modernization. The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs of Ossetia to the chief of the Terek region. The novelty is predetermined by a substantive appeal to innovations and their concrete results: contradictions between the traditional way of life of the family and certain transformations, for example, changes in gender stereotypes, etc. The object of the research is a traditional Ossetian family of the XIX century with customs and traditions typical for that period. Our goal is to identify the features of introducing innovations applied by Russian administration in the marriage and family sphere of the Ossetians. It should be clarified that only specific aspects of traditional norms and attitudes of the Patriarchal family are subject to scientific analysis. It is suggested that it was in the family where the most significant transformations of gender stereotypes took place, which was also reflected in some aspects of the ethnic consciousness of the Ossetians.

scholarly journals Legal protection of forests in Kievan Rus

Legal Ukraine ◽  
2020 ◽  
pp. 80-86
Author(s):  
Mykhailo Yurkevich
Keyword(s):  
Legal Protection ◽  
Organizational Structures ◽  
Customary Law ◽  
Legal Analysis ◽  
Law And Order ◽  
Forest Protection ◽  
Feudal Society ◽  
Protection Legislation ◽  
Ancient Monument ◽  
Organizational Principles

The article considers the issues of legislative regulation in the ancient monument of law – Ruska Pravda, issues of forest protection in the territory of Kievan Rus, in order to form a general comprehensive concept of forest protection in Ukraine in different periods of state formation. The relevance of the study is justified by the change of economic, political, social and legal development of Ukraine, which influenced the transition from the monistic paradigm of legal reality research methodology to the pluralism of research paradigms and allows a new assessment of development of forest protection norms on the territory of Ukraine. The most important factors that led to the formation of forest protection legislation of Kievan Rus are highlighted. A comparative legal analysis of the Short and Spatial editions of Russkaya Pravda was carried out. It is established that the Spatial edition differs from the Short edition by a larger number of articles on the protection of forestry, which is due to the process of formation of feudal society and the need for more detailed regulation of property rights. The features of this monument of law, which distinguished it from the legal acts created in subsequent periods, are indicated. Attention is drawn to the enshrinement in Russkaya Pravda of the norms of customary law, according to which «what is given by nature belongs to the whole society». Therefore, deforestation was not prohibited, but liability for theft of firewood was imposed by imposing a fine of 9 kunas, and for each cart with firewood – 2 kunas separately, while the law regulated fishing related to forests. The system of fines provided by Ruska Pravda for offenses related to forestry is described. Organizational principles of forest protection in Kievan Rus are considered. It is established that in this period there were no special organizational structures in this area and that law and order in the forests was provided by princely warriors with the participation of hunters. Key words: «Russian Law», Kievan Rus, forest protection, forestry, liability for violation of forest protection norms, theft, fine.

scholarly journals Legal regulation of measures for the use and protection of forests

2021 ◽  
pp. 69-73
Author(s):  
Radmir IKSANOV ◽  
◽  
Igor VLADIMIROV ◽  
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Local Population ◽  
Legal Protection ◽  
Legal Regulation ◽  
Nature Management ◽  
Forest Protection ◽  
The Russian Federation ◽  
Forest Users ◽  
Legal Mechanism

Forest violations are a special type of offenses that infringe on the order of rational nature management and environmental protection. The purpose of this study is to analyze legal measures for the use and protection of forests. The relevance of the work lies in the fact that the problem of legal protection of forests is manifested in the mechanism of exercising the powers of forest protection by the constituent entities of the Russian Federation, therefore, the solution to this problem should be developed and implemented by the efforts of state bodies, public associations and the local population. The paper lists the problems of the legal mechanism of forest protection, defines its subjects, discloses the problems in the field of control and supervision activities by forest users.

scholarly journals SPECIFIC FEATURES OF THE FORMATION OF CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE IN THE XX CENTURY

2020 ◽  
pp. 100-116
Author(s):  
Viktor Branovytskiy ◽  
Keyword(s):  
Natural Resources ◽  
Legal Regulation ◽  
Soviet Period ◽  
Legal Interpretation ◽  
Scientific Cognition ◽  
Natural Objects ◽  
The People ◽  
Management Concept ◽  
Sphere Of Influence ◽  
First Time

The purpose of the article is to clarify the peculiarities of the formation of citizens’ right to use natural objects of the ownership right of the people of Ukraine in the XX century. Methods. The research methodology consists of such methods of scientific cognition as: systematic and structural, historical and legal, comparative and legal, formal and legal, interpretation, deduction, induction, analysis, synthesis, etc. Results. The author studies in the section “Period of power changes on the territory of Ukraine” the peculiarities of the legal regulation of the rights to natural objects in the period from 1917 to 1920 and finds out that there was no single practice of regulating natural management relations at that time in Ukraine, since it changed depending on the region, the authorities whose sphere of influence extended to it and the year of issuance of the regulatory act. The author studies in the section “Soviet period” the specifics of the legal regulation of the rights to natural objects during Ukraine’s stay in the USSR and finds out that the only form of the ownership to all natural objects was state, the natural management concept was significantly developed, the mechanism of administrative and legal provision for the realization of citizens’ right to use natural objects of state property, an extensive system of legislation were formed. The author emphasizes in the section “Period of Sovereign Ukraine” how the approach to the regulation of the rights to natural objects was changed after Ukraine’s secession from the USSR, especially the ownership right of the people of Ukraine to natural resources and citizens’ rights to use them. Conclusions. The author indicates in the conclusions: when and which regulatory legal acts enshrined for the first time the people’s ownership to natural objects, citizens’ right to use natural objects of the ownership right of the people and the procedure to use them at the legislative level; main features of legal regulation of the rights to natural objects in the period from 1917 to 1920, the Soviet period and the period of sovereign Ukraine; the circumstances depending on guaranteeing this right. Finally, the author formulates a position according to which it is necessary to distinguish land plots and other objects that may be owned by others and those that constitute the exclusive ownership of the people due to their value and significance. Besides, the author emphasizes the need to get back to the method of normative and legal regulation of the rights to natural objects, which was used in 1990–1991, when the people of Ukraine were endowed with independent powers and had a real status of the owner to natural resources.

scholarly journals ECONOMIC ACTIVITY CONCEPTUAL APPROACHES OF DIVERSITY ACTIVATION IN THE KUYALNIK ESTUARY ZONE

2018 ◽  
Vol 20 (2(67)) ◽  
pp. 149-157
Author(s):  
A.I. MARTIENKO ◽  
N.I. KHUMAROVA ◽  
O.S. GOLIKOVA
Keyword(s):  
Natural Resources ◽  
Economic Activity ◽  
Economic Indicators ◽  
Economic Activities ◽  
Traditional Use ◽  
Resource Potential ◽  
Regional Budget ◽  
Increasing Demand ◽  
Administrative Units ◽  
Potential Use

Topicality. Current high socioeconomic (public) request for recreational and tourist services and the inadequate use of available natural resources in Ukraine as recreational make it necessary to find directions for diversification of their rational use for expanding recreational and tourist activities and related species.Aim and tasks. Purpose of the article is to determine the conceptual approaches to the diversification processes development in the use of natural resources around the territory of Kuyalnitsky estuary, that are aimed at revealing its potential and expansion of business activities of enterprises and districts in general.Research results. According to the analysis of financial and economic indicators of administrative units (Bilyaivskyi, Ivanivsky and Limansky districts), adjacent to the Kuyalnitsky estuary, and the aim, the authors conclude that the traditional use of natural resources in agriculture and industry does not provide the proper level of socio-economic development of the districts and they are not financially self-sufficient. Consequently, the economic activity in the Kuyalnitsky estuary basin is focused on agriculture and industrial production, but this territory diversification of the natural resource potential use in the direction of recreational and tourist activity as an alternative to existing types of production is required. The processes of diversification will consist in the production of environmentally friendly products and services to meet the needs of recreational activities, as recreational activity will contribute to increasing demand for them. To start diversification of economic activities types, which will provide synergistic effect and increase economic indicators of the development of areas around the Kuyalnitsky estuary is proposed. Among the areas of natural resources diversification of the estuary, it is proposed to consider the development of a network of sanatorium and resort establishments, enterprises of cosmetic products creation, as well as beauty salons with the use of the resource potential of the Kuyalnitsky estuary (brine, mud, salt, blue clay, phyto-preparations).Conclusions. The districts located around the Kuyalnitsky estuary have rich recreational natural resources, but do not use them fully in economic activity. In fact, there is only one sanatorium that uses mud and peloids of the estuary. The budgets of these districts do not cover their expenditures and receive subsidies from the regional budget, and the lack of proper implementation of the environmental legislation has led to the almost critical environmental situation of the Kuyalnitsky estuary. In order to improve the current situation, the authors propose to direct economic activities diversification processes of economic entities for the tourism development, in particular, rural, green, ecological, cognitive with the provision of medical services on the basis of unique mud of the estuary, taking into account ecosystem and polyfunctional approaches that will ensure the use , preservation and protection of a unique natural object.

scholarly journals Transformation of the Civil Legislation of the Russian Empire on the Example of a Sales Agreement

2020 ◽  
Vol 16 (2) ◽  
pp. 18-25
Author(s):  
Yuri B. Danilov
Keyword(s):  
Legal Regulation ◽  
Russian Empire ◽  
Customary Law ◽  
Legal Institution ◽  
Scientific Discussion ◽  
Economic Liberalism ◽  
Judicial Practice ◽  
Legal Nature ◽  
Russian Law ◽  
The Russian Empire

The article is devoted to the analysis of the nature of the transformation of the civil legislation of the Russian Empire in terms of regulating the sale and purchase relations in the 19th and early 20th centuries. The essence and legal nature of the sales agreement is determined, the analysis of the objective prerequisites for the emergence and development of this institution in Russian law is carried out. It was established that its occurrence was a logical and logical outcome of socio-economic processes during the period of “economic liberalism”. A circle of sources of law has been determined, establishing the basis for legal regulation of this type of obligation. In particular, these include: regulatory legal acts, materials of judicial practice of higher instances and norms of customary law. Assessing the arguments of the participants in the scientific discussion about the appropriateness and validity of highlighting the sale as a separate obligation, the author formulates the key differences between the sale and the sale, which allow us to consider the sale as an independent legal institution.

scholarly journals Differentiation of the Legal Regulation of the Loan Treaty by Prerevolutionary and Soviet Legislation

2019 ◽  
Vol 9 (1) ◽  
pp. 5086-5089
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Tradition ◽  
Modern Development ◽  
Fourth Volume ◽  
The Russian Empire

XOne of the trends in the modern development of legal thought in Russia should be called an appeal to the experience of past generations. A loan agreement is one of the oldest institutions known as far as Roman law [1, 18]. A detailed regulation of legal regulation in the Russian Empire was obtained by the loan agreement in the book of the fourth volume X of part 1 of the Code of laws of the Russian Empire (hereinafter - the Code of Laws). The rules contained in the said act were valid until the October Revolution of 1917. At the end of the XIX beginning of the XX centuries. The highest established Drafting Commission developed the Civil Code Draft (hereinafter - the draft GU), the fifth chapter of the second volume of the second book of which was devoted to the regulation of the loan agreement (Articles 348-363). In the Soviet period, for the first time, a loan agreement was regulated by the Civil Code of the RSFSR of 1922 (hereinafter - the Civil Code of the RSFSR) in chapter VI “Loan”. It is of great theoretical and practical interest to compare the rules for regulating a loan agreement in the pre-revolutionary and Soviet periods for several reasons. Firstly, “Russian private law is at the stage of its reform” [2, 126]. Secondly, the text of the 2009 Concept states that the historical development of Russian law and the legal systems of continental law (Roman law) should be taken into account. In the article, the authors study the historical legal tradition of a loan obligation.

scholarly journals Formation of legal regulation of land relations in the Volyn province as part of the Russian Empire (1793–1917)

2020 ◽  
pp. 72-77
Author(s):  
Oksana Lesyk
Keyword(s):  
Property Rights ◽  
Social Stratification ◽  
Social Life ◽  
Practical Interest ◽  
Legal Regulation ◽  
Russian Empire ◽  
Customary Law ◽  
Land Relations ◽  
The Russian Empire ◽  
Polish Law

In modern conditions of great scientific and practical interest is the study of historical experience of legal regulation of land relationsin the Volyn province as part of the Russian Empire (1793–1917), which will help to understand and highlight the basics of historicaldevelopment of legal regulation of land relations in Ukraine. The study and generalization of this historical and legal experience will make it possible to use certain achievements to clarify the origins of national land law. Historical and legal research of this topicwill contribute to a deeper understanding of the protection of property rights and the peculiarities of its legal regulation, increase theefficiency of the institution of property rights at the present stage of establishment of the Ukrainian state.The article is devoted to the characteristics of the formation of legal regulation of land relations in the Volyn province as part ofthe Russian Empire (1793–1917).The author notes that in land relations in Volyn as part of the Russian Empire (late XVIII – early XX centuries.) There were certainfeatures not typical of other Ukrainian regions: there were strong influences of Polish law, which could not be completely eliminatedfrom practical application; in Volyn, local customary law, designed to regulate land relations (from purchase and sale to inheritance),had a strong influence; significant role in the economic and social life of the region was played by large landowners.It is concluded that in the early twentieth century. the largest amount of land in the Volyn province was owned by large landow -ners (including German and Czech colonists), while the peasantry, which was the largest group of the population of the then Volyn,owned a small amount of land. At that time there was an evolution of land relations in the countryside, resulting in a reduction in thenumber of landed estates and social stratification of the peasantry.So, in the land legal relations in Volyn as a part of the Russian Empire (the end of the XVIII – the beginning of the XX century)certain peculiarities were observed, which were not peculiar to other Ukrainian regions.

scholarly journals The Position of Women in Economic Life: A Comparison between Transition Economies and Turkey

2013 ◽  
Author(s):  
Nuray Gökçek Karaca
Keyword(s):  
Eastern Europe ◽  
Transition Economies ◽  
Economic Activity ◽  
Central And Eastern Europe ◽  
Legal Regulation ◽  
Economic Life ◽  
Economic Activities ◽  
Commonwealth Of Independent States ◽  
Participation Of Women ◽  
Independent States

In this study, the participation of women in economic life, in other words their position in economic activity in Turkey was examined in comparison with the Central and Eastern Europe (CEE) countries and the Commonwealth of Independent States (CIS). To examine women’s participation in economic life in Turkey in comparison with transition economies, we benefited from the Gender Empowerment Measure (GEM), which was developed by the UNDP the participation of women in economic activity in Turkey is low extremely. The factors that reduce the participation in the workforce by women in Turkey are traditional division of work, economic development, level of education, unpaid family work, informal employment, legal regulation, discrimination, work/non-work preferences. The participation of women in economic activity is also low in transition economies. But transition economies is not homogenous in terms of participation of women in economic activities. Results also indicate that, the participation of women in economic activity in the Central and Eastern Europe (CEE) is higher than the participation of women in economic activity in the Commonwealth of Independent States (CIS).

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