Legal regulation of communal land ownership in the Russian Empire in the second half of the 19th - early 20th centuries

Cover Page

Cite item

Abstract

Аbstract. The study is devoted to the peculiarities of legal regulation of communal land ownership in the Russian Empire in the second half of the 19th - early 20th centuries; it is a complex, multifaceted phenomenon that requires new theoretical understanding. At that period, the Russian peasant land community was the subject of heated discussions and debates among representatives of various layers of socio-political thought in pre-revolutionary Russia. The article investigates legal regulation of communal land ownership and legislation of the specified period (Complete Collection of Laws of the Russian Empire) and is resulted in findings and conclusions. It is concluded that the complexity of legal regulation of communal land ownership in the Russian Empire in the period under study was associated with the lack of genuine economic freedom of peasants in relation to land, its ownership, use and disposal. The specifics of legal regulation of communal land ownership in the Russian Empire in that period represented the combination of customary law, whose norms governed the peasant community, and official statutory regulation. The study features chronological framework and periodization of legal regulation of communal land ownership. The examples stem from practice and pre-revolutionary literature based on the archival documents.

About the authors

Almagul D. Dyusyupova

Moscow University for the Humanities

Author for correspondence.
Email: adusupova@mosgu.ru
ORCID iD: 0000-0002-6528-7829
SPIN-code: 8566-8667

Candidate of Legal Sciences, Associate Professor of the Department of Theory of State and Law, Labor and Social Law, Dean of the Faculty of Law

5 Youth str., Moscow, 111395, Russian Federation

References

  1. Belyaev, I.D. (1860) Peasants in Rus'. Moscow, University Printing House. (in Russian).
  2. Chernyshevsky, N.G. (1950) Articles 1858-1859. In: Complete works in fifteen volumes. Vol. V. Moscow, GIHL Publ. (in Russian).
  3. Chicherin, B.N. (1858) Experiments on the history of Russian law. Moscow (in Russian).
  4. Druzhinin, N.M. (1963) A. Haxthausen and Russian revolutionary democrats. History of the USSR. (3), 76-85. (in Russian).
  5. Dyusyupova, A.D. (2022) Agrarian relations in Russia in the second half of the 19th - early 20th centuries: law and politics: monograph. Vlasenko, N.A. (ed.). Moscow, Yurlitinform Publ. (in Russian).
  6. Hauke, O.A. (1914) Peasant land law. Moscow, Warehouse of the publication of I.K. Golubev. In the bookstore "Jurisprudence" Publ. (in Russian).
  7. Haxthausen von August (1847) Studien über die innern Zustände, das Volksleben und insbesondere die ländlichen Einrichtungen Russlands. Hanover, Hahn.
  8. Herzen, A.I. (1871) Lettres de France et d'Italie (1847-1852). New York, New York Public Library.
  9. Kachorovsky, K.R. (1906) Russian community: Is it possible, desirable to preserve and develop it? Moscow, Type-lithography of the Russian Association of Printing and Publishing (in Russian).
  10. Kaufman, A.A. (1908) The Russian community in the process of its origin and growth. Moscow, Printing house of the Partnership Sytin I.D. (in Russian).
  11. Kavelin, K.D. (1859) Works of K. Kavelin. Parts 1-4. Moscow, K. Soldatenkov and N. Shchepkin (in Russian).
  12. Kirin, A.V. (2021) State reforms in Russia: from Peter to Putin. Moscow, Ed. home of the Higher School of Economics. (in Russian).
  13. Lenin, V.I. (1976) On the trail! In: Complete edition. V. 17. Moscow, Politizdat Publ. (in Russian).
  14. Lenin, V.I. (1979) Complete edition. V. 13. Politizdat Publ. (in Russian).
  15. Mayer, D.I. (2003) Russian civil law (in two parts). Corrected and supplemented 8th ed. Ed. 3rd, rev. Moscow, Statute Publ. (in Russian).
  16. Nemytina, M.V. (1999) Court in Russia: second half of the 19th - early 20th centuries: Diss. of Doctor of Legal Sciences. Moscow, Academy of Management of the Ministry of Internal Affairs of Russia. (in Russian).
  17. Pakhman, S.V. (1877) Customary civil law in Russia. V. I. Property, obligations and means of judicial protection. Saint Petersburg, Printing house of the 2nd department. (in Russian).
  18. Plekhanov, G.V. (1956) Our disagreements. In: Selected philosophical works. In 5 vols. V. I. Moscow, Gospolitizdat Publ. (in Russian).
  19. Pobedonostsev, K.P. (1884) Course of civil law. In 3 vols. V. 1. Saint Petersburg, Printing house of A. A. Kraevsky. (in Russian).
  20. Semevsky, M.I. (1870) Historical and legal acts of the 17th and 18th centuries, collected by Mikhail Semevsky. In: Readings at the Society of Russian History and Antiquities at the Imperial Moscow University. Moscow, Publishing house University Printing House of Katkov and K. pp. 1-88. (in Russian).
  21. Soloviev, S.M. (1866) The origin of the community. Russian Bulletin. (6), 286-304. (in Russian).
  22. Соловьев С.М. Происхождение общины // Русский вестник. 1866. Т. 6. C. 286-304.
  23. Tengoborsky, L.V. (1852) Études sur les forces productives de la Russie. Paris, J. Renouard et cie.
  24. Vasilchikov, A.I. (1881) Land ownership and agriculture in Russia and other European countries. V. 2 Second edition. Saint Petersburg. Stasyukevich M.M. Publishing House (in Russian).
  25. Vlasenko, N.A. (2015) Introduction to the theory of the rule of law. Selected. Moscow, Norma Publ. (in Russian).
  26. Vorontsov, V.P. (1902) On the history of the community in Russia (materials on the history of communal land tenure). Moscow, Partnerships I.N. Kushnerev and Co. Publishing House. (in Russian).
  27. Yakovlev, A.I. (2020) Three centuries of reforms and revolutions in Russia. Moscow, Veche Publ. (in Russian).

Copyright (c) 2024 Dyusyupova A.D.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies