Development of forest law in ukrainian lands in the XIX century

Abstract

The author has studied in the article forestry legislation of
Austro-Hungarian and Russian empires that was in force on the territory of
contemporary Ukraine in the XIX century.
Paper objective. Attention has been paid to the legal regime of property on
forests that was determined by the main legislative acts of these countries, special
features of the legal turnaround of state forests, the procedure for saling forest lands
and acquisition of rights on forest lands in the order of usucaption. The author has
additionally studied the special features of state management in state-owned forests.
The legal effect of the abolition of serfdom and giving farmers land in the Russian
and Austro-Hungarian empires has been studied. The regulations of civil law in these
monarchies have been analyzed, in the framework of regulating the relations of
private property on forests and the rights and duties of private owners. The scientist
has separately compared the rules of civil law in Austro-Hungarian and Russian
empires that regulated the relations of rent (lease) of forests.
Paper main body. The attention has been paid to the essential terms of renting
forests: the subject of rent, the term of using forest and fee for rental use. The
specifics of charging for the use of forests under the conditions of legislation of the
Russian Empire depending on form of property on forests - state, public or private.
The specifics of this category of forests, their target destination, subjects to whom
these forests can be fixed on, and the peculiarities of implementating the income from
renting forests of relevant category.
The author has drawn attention to the problems of normative regulation and
state control over forest use in the two monarchies. The differences in state control in
the sphere of protecting forests in Austro-Hungarian and Russian empires have been
compared. The legislation that put additional duties on forest users, due to the need
for protecting natural sustainable use of resources has been examined.
The features of management by the owners of large forest establishment, as
well as legislative regulation of issues of target directed use of forest lands.
Conclusions. The researcher has studied the features of using forest easements
in modern Ukraine in the XIX century. The attention is paid to a set of rights and
obligations that arose for users under forest easements. The emphasis has been given
to the specifics of the right of indirect forest management in the two empires in the
indicated historical period. There has been made a number of original conclusions.