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 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 The Code of Local Laws of the Western Provinces of 1837 as the monument of municipal law of Ukraine

2020 ◽  
pp. 47-52
Author(s):  
Oleksandr Vovk
Keyword(s):  
19Th Century ◽  
Russian Empire ◽  
Customary Law ◽  
Practical Significance ◽  
Municipal Law ◽  
Court Proceedings ◽  
The Russian Empire ◽  
Polish Law ◽  
Civil Laws ◽  
The Town

It is established that the Code of Local Laws of the Western Provinces of 1837 (the Code of 1837), the draft of which has beenprepared by the Second Department of His Imperial Majesty’s Own Chancellery was to be the codified collection of local law for Kyiv,Volyn and Podil Provinces in the 1830s. However, in 1838 the concept of expanding the all-Russian system of legislation to allprovinces strengthened, so the fully prepared Code of 1837 did not come into force, but it was used as a manual for legal scholars andpractitioners.It is established that the sources for the Code of 1837 were the norms of Ukrainian customary law; privileges, regulations, constitutionsof Lithuanian and Polish law; universals and instructions of the hetmans; nominal and senate decrees of the Russian autho -rities; decrees of judicial practice of Ukrainian state, statutory and town courts. In theoretical and legal comparison with other collectionsof legislative acts of that time, the structure of the Code of 1837 is quite clear and at the same time branched out, namely it consistsof: Introduction; Part I “Laws on estates”; Part II “Civil laws”; Part III “Laws on judicial rites, on court proceedings, and on measuresof civil penalties”; Annexes. Each of the books was divided into sections, subsections, chapters, and paragraphs with footnotes. Legalnorms concerning town (municipal) law were mostly concentrated in Section III (Book I Part I) “On townspeople”, Subsection III(Book II Part I Section II) “On acts of the estate of townspeople” and Section III (Book II Part I) “On special acts of the estate of townspeopleand countrypeople”.It is noted that in the first half of 19th century norms of town law regulated not only the activities of town self-government, butalso determined the rights and duties of a particular townee estate, their belonging to the town community, which were concentrated inthe Code of 1837. Having analyzed the content of the main provisions of the town law of the Code of 1837, it should be noted that acertain number of its paragraphs have a blanket way of formulating. In the Code of 1837, the codifiers technically used the referenceto the articles of the Code of Laws of the Russian Empire of 1832. The peculiarity of the regulations of the Code of 1837 was the establishmentof concepts of citizens of western provinces and of free people as townspeople in its text. An important feature of the provisionsof the Code of 1837 also concerned such a category of townspeople as honorary citizens of the western provinces. The norms ofmunicipal law of the Code of 1837 did not contradict the main source of municipal self-government for Ukrainian towns in the firsthalf of the 19th century, that is the Charter on the Rights and Benefits of the cities of the Russian Empire of 21 April 1785. The Codeof 1837 preserved its practical significance even at the beginning of the 20th century where it came to legal relations having arisenbefore the 1840s, and, accordingly, were subject to the local laws of that time.

scholarly journals The Legal Regulation of Siberian Peoples in the Russian Empire: the Interplay Between Customary Law and Legislation

2019 ◽  
pp. 932-938
Author(s):  
Valentina Yu. Smorgunova ◽  
Aleksandra A. Dorskaia ◽  
Il’ia L. Chestnov
Keyword(s):  
Legal Regulation ◽  
Russian Empire ◽  
Normative Theory ◽  
Customary Law ◽  
Judicial Reform ◽  
Historical School ◽  
The Russian Empire ◽  
Theory Of Law ◽  
Law And Legislation

The paper uses historic and legal materials to analyse the contemporary theories that describe the correlation of customary law and legislation. The authors identify the applicability of these theories in studying regulation of Siberian peoples in the Russian Empire. The paper explores the role of the historical school of jurisprudence and the normative theory of law in determining the interplay between customary law and legislation in the 19th and 20th centuries in Russia. The authors make the conclusion that the implementation of judicial reform of 1864 was impeded in Siberia due to the state giving preference to customary law in governing the relations not regulated by legislation

scholarly journals Ethnological-legal and technical-legal aspects of intercultural communication in Russia of the Imperial period: the experience of theoretical and methodological structuring on the example of the formation of the institutions of lamaism among the Volga kalmyks of the second half of the 19th century. Part 1

2021 ◽  
Vol 4 ◽  
pp. 3-10
Author(s):  
I. A. Arzumanov ◽  
Keyword(s):  
Intercultural Communication ◽  
19Th Century ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Russian Empire ◽  
The State ◽  
Customary Law ◽  
Legal Communication ◽  
The Russian Empire ◽  
The 19Th Century

Federation On the example of the formation of the institutions of Lamaism among the Volga Kalmyks II. floor. XIX century. the historical-legal and socio-cultural aspects of intercultural communication in Russia are considered. The methodological correlation of the processes of intercultural communication in the context of the polyphonic nature of the legal culture of the Russian Empire is analyzed. The universalism of the sociological (integral) discourse of jurisprudence determines not only the civilizational specifics of legal communications as one of the forms of intercultural communication, but also the methodological body of research based on the cultural-anthropological approach and ethnological-legal conditioning. The interdisciplinary nature of the study is due to the specificity of the ethno-confessional specifics of the processes under consideration and involves an appeal to theoretical and legal, state, socio-cultural, and religious discourses. Based on the analysis of the provisions of the primary sources of normative legal acts concerning the state and legal regulation of the ethno-confessional sphere among the Volga Kalmyks and in the Russian Empire as a whole in the first half of the 19th century, a comparative analysis of the processes of consolidating the institution of the majour in the Volga Kalmyks and Buryat clans of the East Siberian region is carried out. An example of cultural and legal communication between such subjects as the state and ethno-confessional communities are the results of the analysis of archival documents, for the first time introduced into scientific circulation, concerning the activities of the imperial administration in the sphere of systematizing the norms of customary law of the Volga Kalmyks and streamlining the processes of forming regional institutions of Lamaism. Some aspects of the socio-cultural determinants of the processes of increasing the number of Lamaist clergy among the Volga Kalmyks and the problems of its legal regulation are considered. Conclusions are made about the intercivilizational nature of legal communication, implicitly aimed at assimilating the customary legal system of Kalmyks in order to include them in the general system of legalizations of the empire.

The Effect Of The Russian Empire On The Political Life Of The Emirate Of Bukhara (1868-1917)

2020 ◽  
Vol 02 (10) ◽  
pp. 171-177
Author(s):  
Yangiboeva Dilnoza Uktamovna ◽  
Keyword(s):  
Social Life ◽  
Russian Empire ◽  
Political Life ◽  
The Political ◽  
Historical Events ◽  
Fertile Soil ◽  
Central Asian ◽  
The Russian Empire ◽  
Changing World

The article describes the influence of the Russian Empire on the socio-political life of the Emirate of Bukhara in the late XIX - early XX centuries during the reign of Mangit emirs Muzaffar (1860-1885), Abdulahad (1885-1910) and Alimkhan (1910-1920). There were many people who looked at this country, which has beautiful nature, fertile soil and rich in minerals. The Central Asian khanates, which were part of a constantly changing world, did not undergo renewal, despite their obsolescence. At the end of the 19th and the beginning of the 20th centuries, when the Emirate of Bukhara became politically and economically full of the policy of the Russian Empire and officially became its vassal, many historical events took place in its social life.

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 Positive and debatable aspects of land and legal creativity of O.S. Dobrov

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Yermolenko Iryna ◽  
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Customary Law ◽  
Historical Period ◽  
Land Law ◽  
Public Interests ◽  
Private Interests ◽  
Land Relations ◽  
Customary Land ◽  
Academy Of Sciences

The article is devoted to the land and legal creativity of a member of the Commission for the Study of Customary Law of Ukraine, established in 1921 at the All-Ukrainian Academy of Sciences, O.S. Dobrov, in particular the peculiarities of the introduction into the mechanism of legal regulation of the then land relations of local customs. As a positive point, the proposed expansion of the historical period of existence of domestic land law, starting from the XVI century. It is stated that modern Ukrainian representatives of legal science have overlooked this fact. A debatable point in the work of O.S. Dobrov is an insufficiently substantiated proposal to apply local customs in land law through the prism of their compliance with the principle of compliance with the Civil Code of compliance with the socio-economic purpose of any civil rights of citizens called to implement solely to develop productive forces. Attention is drawn to the insufficient elaboration of empirical material by the scientist, because the illogical substitution of the basic private law principle of formation of civil rights in order to satisfy private interests on the purely public law principle of achieving state interests ultimately leads to complete leveling of customary land law. Keywords: land law, local customs, customary land law norms, public interests, private interests

scholarly journals The “Edelevsky” list of the “protective memory” of Tsar Ivan Vasilyevich to the Mordovian Princes and Murzes in 1572

2020 ◽  
Vol 12 (1) ◽  
pp. 29-41 ◽  
Author(s):  
Alexander N. Demidov
Keyword(s):  
Social Stratification ◽  
Legal Status ◽  
Social Situation ◽  
Russian Empire ◽  
Russian Society ◽  
Family Ties ◽  
The Social ◽  
History Of ◽  
Unique Source ◽  
The Russian Empire

Introduction. The article considers the publication of a unique source for the history of the Mordovian people, the “protective memory” dated by 1572 addressed to the princes and Murzes of Mordovia. The “protective memory” is considered in comparison with the “romadanovsky” list belonging to the descendants of the Mordovian prince Romadan, seeking the return of the nobility, the non-criminal record of the Temnik-Kadom Mordva, published in the XVIII century, similar to the records of Tatar Sovereigns to the Temnik-Kadom Mordva. Materials and methods. The author focused on studying the content of the source, revealing the identities of the recipients, analyzing the composition of the princes and Murz of Mordovian records, spelling of the names, origin, and family ties. The genealogy of the princes Edelevs is being reconstructed, the history of their kind is described together with the history of Mordovian Murzas and their representatives in the context of social and historical ties. Results and discussion. The article describes the social situation of Princes Edelevs, the features of land ownership, land use, property and ownership of serfs. The article discusses the history of the discovery and use of the source in the clerical work of the aristocratic deputies’ assemblies and the Governing Senate at the request of the descendants of Mordovian princes and Muzes from the Edelev family to restore the rights of the noble state. It poses the problem of studying the social stratification in Mordovian society, the typology and origin of the Mordovian aristocracy, the peculiarities of the titling and inheritance of power, its role in the historical and social development of the Mordovian people, as well as its legal status in the Russian Empire. It compares the situation of the Temnikov-Kadom Mordovian Tarkhans, Cossacks, White Field and Alatyr princes and Mordovian Murzes, serving Mordovians and Tatars. Conclusion. “Protective memory” indicates that in the XVI century there was a national Mordovian aristocracy, collaborating with Moscow and being in the service of Great Sovereigns, and subsequently becoming part of the nobility and other classes of Russian society. The choice of Mordovian princes ensured the relatively peaceful entry of Mordovian lands into the Russian Empire.

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