1922年RSFSR土地法是俄罗斯土地立法史上第一部法典

T. F. Yashchuk
{"title":"1922年RSFSR土地法是俄罗斯土地立法史上第一部法典","authors":"T. F. Yashchuk","doi":"10.22363/2313-2337-2022-26-4-938-958","DOIUrl":null,"url":null,"abstract":"The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"RSFSR Land Code of 1922 as the first codified act in the history of Russian land legislation\",\"authors\":\"T. F. Yashchuk\",\"doi\":\"10.22363/2313-2337-2022-26-4-938-958\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.\",\"PeriodicalId\":32648,\"journal\":{\"name\":\"RUDN Journal of Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"RUDN Journal of Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22363/2313-2337-2022-26-4-938-958\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"RUDN Journal of Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22363/2313-2337-2022-26-4-938-958","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

作为20世纪20年代苏联法律全面编纂的一部分,1922年的苏联土地法典(LC)是本文的重点。《土地法》被视为形成苏联土地法分支的第一部法典,明确了其主体、方法和进一步发展的参数。这篇文章是根据大量的史学材料写成的,这些材料是按时期系统化的。在20世纪20年代,《法典》全面生效,因此,对其规范的理论解释,以及作者对《法典》的评论被出版。随后,对1922年的《土地法》进行了研究,目的是了解和获得新土地法发展的历史经验。本文采用了苏联时期的规范性法律行为、出版的文件和档案资料。特别关注的是LC草案的准备工作及其在立法批准之前的进一步发展。方法论包括辩证法、比较法和形式法。将信用证作为法律内容的历史渊源进行研究;它的外部批评给出。揭示了先前颁布行为的社会政治条件对信用证内容的影响。认为《土地法》反映了苏联土地立法的一致性和新颖性。先前测试的规范的巩固和合并程度非常高。概述了LC最明显的差距和克服它们的方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
RSFSR Land Code of 1922 as the first codified act in the history of Russian land legislation
The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
45
审稿时长
12 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信