十九世纪中叶俄罗斯帝国的森林经营改革:改革的第一步(以库尔斯克省为例)

S. Nikiforov
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摘要

的相关性。近几十年来,俄罗斯的森林法发生了重大变化。国家目前正在试验一种以公法优先为基础的森林管理和利用森林资源的新概念。在俄罗斯历史上,在森林法律关系领域有着私法与公法概念的演化转化的经验。目的:研究十九世纪中叶俄罗斯森林经营领域私法与公法的演化转型经验。目标。在本文的框架内,解决了以下任务:分析十九世纪中叶森林经营改革的法律基础,以库尔斯克省为例,分析改革第一阶段某些规定的实施特点。研究的方法论基于辩证方法的运用,涉及现代方法和规范性法律行为的研究方法。结果。尽管没有任何根本的立法行为标志着十九世纪中叶俄罗斯欧洲部分森林管理领域改革的开始,但改革具有根本性的性质。公法的规定被扩展到以前由私法规范主导的领域。结论。到19世纪中叶,国家有充分的理由精简和严格管理森林的使用,包括那些私人拥有的森林。到十九世纪五十年代,在私人拥有的森林中,俄罗斯欧洲部分的森林破坏问题变得明显。国家从没有特权的阶层——农民开始改革。然而,这项改革不仅被农民误解,而且也被负责实施改革的政府官员误解。库尔斯克国有资产商会林业部官员对该省林业管理转型的消极态度导致了改革的拖延。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Forest Management Reform in the Russian Empire in the Mid – Nineteenth Century: The First Steps of the Reform (on the Example of the Kursk Province)
Relevance. Serious transformations have been carried out in the forest law of Russia in recent decades. The State is currently testing a new concept of forest management and use of forest resources based on the priority of public law. In the history of Russia, there is an experience of evolutionary transformation of the concepts of private and public law in the field of forest legal relations. The Purpose – study the experience of the evolutionary transformation of private and public law in the field of forest management in Russia in the middle of the XIX century. Objectives. Within the framework of the article, the following tasks are solved: analysis of the legal foundations of forest management reform in the middle of the XIX century, features of the implementation of certain provisions at the first stage of the reform on the example of the Kursk province. The methodology of the research is based on the use of a dialectical approach, involving modern methods and methods of studying normative legal acts. Results. Despite the absence of any fundamental legislative act marking the beginning of the reform in the field of forest management in the European part of Russia in the middle of the XIX century, the reform was of a fundamental nature. The provisions of public law were extended to the sphere in which the norms of private law had previously dominated. Conclusion. By the middle of the XIX century, the state had good reasons to streamline and strictly regulate the use of forests, including those that were privately owned. In privately owned forests by the 50s of the XIX century, the problem of forest destruction in the European part of Russia became obvious. The state began the reform with the unprivileged estate – the peasantry. However, the reform was misunderstood not only by peasants, but also by government officials responsible for its implementation. The negative attitude of the officials of the Forestry Department of the Kursk Chamber of State Property to the transformation of the forestry management of the province led to a delay in the reform.
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