Историография проблемы правового регулирования лесопользования в русском праве ХIХ – начала ХХ века

Abstract

Relevance. Several major reforms were carried out in the forestry law of Russia in a short period of time. None of them gave a positive result. At the moment, the state has set itself the goal of developing a new concept of forest management and use of forest resources. The use of the relevant experience accumulated by domestic jurisprudence seems appropriate and even necessary. The Purpose. To study the dominant theoretical concepts in the works of Russian legal scholars of the historical period under consideration, as well as their views on the formation and development of legislation regulating forest management in Russia. Objectives: analysis of research in the field of forest law, published in the 19th - early 20th centuries; assessment of the degree of study of the problem of legal regulation of forest use. Methodology. The research methodology is based on the principles of historicism and objectivity. The method-ological basis of the study is a systematic approach. The comparative-historical method is used, makes it possible to investigate the available sources in close connection with the and the method of logical analysis. Results. The first scientific works in the field of Russian forest law research appeared in the first half of the 19th century. Since that time, the development of legal concepts for the use of forest resources on the basis of the principle of continuity continued until 1917, when new approaches to the state structure radically changed the direction of development of forestry law. Conclusion. During the XIX - early XX centuries. Russian science has gone from a simple description of the facts of the formation and development of legislation in the field of forest resources use to a theoretical substantiation of the state forest policy. Research of foresters and jurists of the XIX - early XX centuries. have not lost their relevance to this day and can be used to improve the legal mechanism for the rational use of forests in modern Russia.