Development of forest law in ukrainian lands in the XIX century

Abstract

The author has studied in the article forestry legislation ofAustro-Hungarian and Russian empires that was in force on the territory ofcontemporary Ukraine in the XIX century.Paper objective. Attention has been paid to the legal regime of property onforests that was determined by the main legislative acts of these countries, specialfeatures of the legal turnaround of state forests, the procedure for saling forest landsand acquisition of rights on forest lands in the order of usucaption. The author hasadditionally 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 Russianand Austro-Hungarian empires has been studied. The regulations of civil law in thesemonarchies have been analyzed, in the framework of regulating the relations ofprivate property on forests and the rights and duties of private owners. The scientisthas separately compared the rules of civil law in Austro-Hungarian and Russianempires that regulated the relations of rent (lease) of forests.Paper main body. The attention has been paid to the essential terms of rentingforests: the subject of rent, the term of using forest and fee for rental use. Thespecifics of charging for the use of forests under the conditions of legislation of theRussian Empire depending on form of property on forests - state, public or private.The specifics of this category of forests, their target destination, subjects to whomthese forests can be fixed on, and the peculiarities of implementating the income fromrenting forests of relevant category.The author has drawn attention to the problems of normative regulation andstate control over forest use in the two monarchies. The differences in state control inthe sphere of protecting forests in Austro-Hungarian and Russian empires have beencompared. The legislation that put additional duties on forest users, due to the needfor protecting natural sustainable use of resources has been examined.The features of management by the owners of large forest establishment, aswell as legislative regulation of issues of target directed use of forest lands.Conclusions. The researcher has studied the features of using forest easementsin modern Ukraine in the XIX century. The attention is paid to a set of rights andobligations that arose for users under forest easements. The emphasis has been givento the specifics of the right of indirect forest management in the two empires in theindicated historical period. There has been made a number of original conclusions.