RSFSR Land Code of 1922 as the first codified act in the history of Russian land legislation
- Authors: Yashchuk T.F.1
-
Affiliations:
- Dostoevsky Omsk State University
- Issue: Vol 26, No 4 (2022): MONUMENTS OF SOVIET LAW
- Pages: 938-958
- Section: LAND LAW AND ENVIRONMENTAL LAW
- URL: https://journals.rudn.ru/law/article/view/32977
- DOI: https://doi.org/10.22363/2313-2337-2022-26-4-938-958
Cite item
Full Text
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.
About the authors
Tatyana F. Yashchuk
Dostoevsky Omsk State University
Author for correspondence.
Email: yashukomsu@mail.ru
ORCID iD: 0000-0002-2930-8557
Doctor of Legal Sciences, Full Professor, Head of the Department of the Theory and History of the State and Law
55a, Mira pr., Omsk, 644077, Russian FederationReferences
- Abykeeva, A.T. (1960) Land law in the first year of Soviet power (1917-1918). Voronezh, Voronezh University Publ. (in Russian).
- Bezgin, V.B. & Yudin, A.N. (2013) The Peasant Community and the Village Council in the 1920 s. Sociodynamics. (2), 119-160. (in Russian).
- Bogolyubov, S.A. (ed.). (2019) Russian lawmaking in the 1920s. Moscow, Yurlitinform Publ. (in Russian).
- Bogolyubov, S.A., Pashentsev, D.A. & Zaloilo. M.V. (eds.). (2021) Legislative support of the new economic policy. Moscow, Prospekt, Publ. (in Russian).
- Bratus, S.N. (ed.). (1968) Development of the codification of Soviet legislation. Moscow, Yuridicheskaya literatura Publ. (in Russian).
- Govorenkova, T.M. (1999) We read Velikhov together. Moscow, Munitsipal’naya vlast’ Publ. (in Russian).
- Evtikheev, I.I. (1928) To the doctrine of a single state land fund. Gorki, Academy Publ. (in Russian).
- Evtikheev, I.I. (1929 a) Land law. Moscow, Novaya derevnya Publ. (in Russian).
- Evtikheev, I.I. (1929 b) Regulation of land relations in cities. Gorki. (in Russian).
- Maksimova, O.D. (2011) Legislation in Soviet Russia in 1917-1922. Moscow, Zertsalo-M Publ. (in Russian).
- Mikheeva, Ts.Ts., Zinkovsky, S.B., Lapo, P.V. & Grafshonkina, A.A. (2018) Review of the I International Scientific Conference “Law as a phenomenon of civilization and culture”. Moscow, RUDN University, 30-31 March, 2018. RUDN Journal of Law. 22 (3), 410-424. https://doi.org/10.22363/2313-2337-2018-22-3-410-424 (in Russian).
- Nemytina, M.V. & Mikheeva, Ts.Ts. (2017) Social relations and law in the Soviet society. RUDN Journal of Law. 21(3). 331-354. https://doi.org/10.22363/2313-2337-2017-21-3-331-354 (in Russian).
- Nikitin, A.N., Pavlov, A.P. & Ruskol, A.A. (eds.). (1940) Land law. Moscow, NKY Publ.(in Russian).
- Novitsky, I.B. (1925) Labor lease of land and auxiliary hired labor in agricultural holdings. Moscow, Pravo i Zhizn Publ. (in Russian).
- Pashentsev, D.A. (2017) The Land Code of the RSFSR of 1922 as a source of law. Economics, Pedagogy and Law. (3), 3. (in Russian).
- Rasskazov, L.P. & Verkhoglyad, D.A. (2014) Land Code of the RSFSR 1922 and its importance in the legal regulation of land legal relations of the Soviet Russia. Yurist-pravoved. (1), 88-92. (in Russian).
- Rosenblum, D.S. (1929) Land law of the RSFSR. Moscow, Leningrad, Gosudarstvenoe izdatelstvo Publ. (in Russian).
- Safonov, A.A. (2014) Country community in the Soviet agrarian legislation. Vestnik akademii prava i upravlеnia. (34), 117-123. (in Russian).
- Sergeevskaya, N.D. (1954) History of the Land Code of the RSFSR 1922 (preparation and adoption). Author. of dis. …cand. Legal of sciences. Moscow. (in Russian).
- Tinyakov, S.A. (1926) Legislation on urban lands. Moscow, Yuridicheskoe izdatelstvo Publ. (in Russian).
- Ushakov, A.A. (1957) On the history of the creation of the Land Code of the RSFSR in 1922. Uchenyye zapiski Permskogo gosudarstvennogo universiteta. T. XI, Issue 4, book 2. Permʹ: Permskoye knizhnoye izdatelstvo Publ. pp. 60-70. (in Russian).
- Velikhov, L.A. (1996) Fundamentals of urban economy. Moscow, Nauka Publ. (in Russian).
- Yashchuk, T.F. (2007) Organization of local authorities in the RSFSR. 1921-1929. Omsk, OmGU Publ. (in Russian).
- Yashchuk, T.F. (2021) Systematization of Russian legislation in the Soviet period. Omsk, OmGU Publ. (in Russian).