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2.3. The bourgeois approach to legal regulation of distribution of the earths in agrarian reforms (second half XIX - the beginning of XX centuries)

On February, 19th, 1861 and carrying out Country reyoformy it is necessary to consider Manifesto acceptance as the period beginning when the government has undertaken poyopytku to realise the bourgeois approach to legal regulation raspredeleyonija the earths in the conditions of agrarian reforms of second half XIX - nach.

XX centuries After the Manifesto were installed eight positions and nine DopolniYOtelnyh the rules which are coming under to application in 45 provinces of the country. Special praviyola Both extended on province of Left-bank and Right-bank Ukraine, LitYOvu and a part of Belarus, Bessarabsky area, the Stavropol province,
last Armies Don, Siberia, on the people attributed to mountain factories, dvoryotsovyh peasants and other categories of the population.

The legislation of Country reform in sphere zemelnoyoraspredelitelnyh relations has been aimed first of all at distribution of the earths between landowners and peasants, razverstanie agricultural grounds between rural societies and other land users. For realiyozatsii the specified purpose within the limits of legal regulation such problems, as were solved: an establishment provided with the state and the legal possibilities of rural inhabitants fixed in normativyono-legal acts to be uchastyonikami legal relations on section of the earths in rural societies and razversta - niju the landowner and country earths, definition of specifications, terms and proyotsedur investment of peasants with the earth and others.

Legal regulation of zemelno-distributive relations normayotivnymi was carried out by certificates of Country reform in several napravleyonijah. First, all establishments about a land management order were subdivided into the general for all provinces of Russian empire and local distributions of ground grounds regulating an order depending on district which they concerned. As a result four local positions for provinces Velikorossijsky, Novorossisk and Belarus [216] have been accepted; for provinces Chernigov, Poltava and parts Kharkov; for provinces Kiev, Podolsk and Volynyosky and for provinces Vilensky, Grodno, Kovensky, Minsk and parts Viyotebsky. Besides a number of additional rules [217] has been accepted.

In - the second, on the sizes of a country plot of the earth of the above-stated groups of provinces were meted on strips and districts. So, provinces It is great - rosskie were divided into three strips: nonchernozem, chernozemnuju and steppe, each of which in turn shared on district. For a nonchernozem strip the minimum lowest plot was established in 1 desjatinu (about 2400 sq. sazh.), and the maximum higher plot constituted 7 desjatin. For chernozemnoj
Strips the minimum lowest plot have been established less than one desjatiny (2200 sq. sazh.), and the maximum higher plot - 6 desjatin. In a steppe strip ustanavliyovalsja ukaznoj a plot from 6 to 12 desjatin.

In - the third, authorised reading and writing became the basic legal implementer ustanovlennnyh in certificates of Country reform of rules about earth distribution between landowners and the former privately owned peasants. SoglasYOno item 3 of Rules about an order of actuating of Positions about peasants, vyyoshedshih from a serfdom [218], authorised reading and writing were constituted either for each settlement or on the landowner manor of one owner consisting of adjacent settlements.

Instructions order in authorised reading and writing of the earth allocated to peasants zaviyosel from the form of country landed property. At communal land tenure the quantity of the earth was specified on each rural society using one general plot. At local or household land tenure in the authorised reading and writing the size of separate country sites and povinyonostej was fixed. Thus the authorised reading and writing was not the private agreement of the parties, and was considered as the legal obligation assigned on zemlevlayodeltsa. If the owner of the earth did not give within a year from the date of reception of Positions in a provincial city of that province in which there was a manor under item 22, 29 the consiliator Corrected has been obliged to constitute it independently, and all expenses connected with it, addressed on the land owner (item 30). The form of the authorised reading and writing was defined by the established sample for all provincial presence.

The maintenance of the authorised reading and writing conditions, opredeyoljavshie «could constitute only constant economic relations of the owner to peasants» (item 32 of Rules), including: quantity of all earth consisting in using of peasants, a substantiation of change of the size of a country plot (prirezka or a piece), limits of a country plot with the indication of boundaries or other signs. Private conditions, for example, about the repayment peasants of the earth in the property in the text
The authorised reading and writing did not join, and were applied on it in the form of separate priloyozheny. Check of authorised reading and writing was carried out by consiliators who established its conformity to the legislation, and also "calibrated" it on a place with participation of a local police, the land surveyor, the land owner and elective predstaviyotelej from rural societies (six representatives) and three witnesses (item 48).

Besides, by certificates of Country reform were established reliable meyory protection of interests of treasury at carrying out of redemption operation and legal maintenance of the land device of rural inhabitants. The last zavershayolos delivery of notarially certificated document for the former landowner peasants - "given", registered in the serf register. Date of its delivery was the moment of acquisition by peasants of the right to the earth. The decision grazhyodanskogo cassation department of the Senate № 33 from 1887 and № 119 from 1896 given admitted the definitive certificate of the ground device of peasants. AkYOtom the land device of the former state peasants was vla - dennaja record [219]. At strengthening nadelnyh the earths in the property for peasants obligations relations on entering of redemption payments remained.

The earth Nadelnaja in the legislation is defined as a territory part, otyovodimaja to rural inhabitants in Country reform with a view of obespecheyonija their abilities to live. As the basis for an establishment of a plot of the earth, prinadyolezhashchej to privately owned peasants, the quantity of souls on desjayotoj has served audit, and in each district has been defined maximum and miniyomalnyj the size of the earth on separate revizskuju to a shower [220]. State krestyojanam the plot was taken away on seisin in fact in 1861 in per capita or chetyovertnyh communities, and there where this possession from the others kayozyonnyh manors has not been delimited, per capita plots desjatin have been formed from 8-15.

The rights of peasants to an allotment were based on communication of the earth with fisyokalnymi interests of the state as Supreme proprietor of all earths. That the peasant was able pay taxes, it is necessary to provide
Its earth in sizes, sufficient for a life and for serving of duties. Presence of a sufficient allotment for a life from the point of view of the legislator provided not only material, but also a moral solvency kreyostjanina. The size of a country plot was defined proceeding from the following soobyorazheny: maintenance to peasants of strong settled way of life, reliable means of living and discharge of duties before the state, and also guarantees for peasants «from an ulcer of proletariat and from oppressive dependence on the land owner» [221].

Similar statement of a question has led exact legislative opreyodeleniju "site" as to such indivisible part of the earth from which «zavsegda it is convenient without equation everyone again... poseljaninu an ordinary tax to pay». UchaYOstok, providing life and payment ability of the peasant, it was represented necessary, therefore the right to such site of the earth admitted laws for any farmer. In this connection strategy of legal regulation of zemelyono-distributive relations of the government assumed maintenance zapayosa the earths «for breeding forward» [222].

Value of a country plot and its target use were opredeyoleny in the law. Thus the earth the government borrowed ways of maintenance of the farmer from practice of a country community, namely - levelling razyodel, repartition, vydel or earth joining in the limits established zakoyonom. For maintenance of an equal and sufficient plot the government recognised the country earths inaliennable. At least in first nine years proyovedenija reforms peasants could refuse a plot only with the permission of the Main committee about the device of a rural condition and the sanction of the Emperor [223].

To allocate peasants with the earth in the necessary sizes, it took away in using the empty state earths, earth purchase was resolved. PravitelYOstvo bought for them the necessary earth, and also recognised for peasants the right of priority of rent state obrochnyh grounds. Widely primenjaeyo
mym means to maintenance of the due size of a country plot was peyoreselenie peasants on the state earths [224]. Understanding, that «state intereyosu is equal, where poseljane would not live, if only payment was from them wholly», and prayovilnoe resettlement brings double benefit, provides both moving, and remaining, the state widely and consistently used pereseleniyojami, tried to provide with their correct and expedient conditions, priyomenjalo this effective means in the different ways and in the various form.

Some institutes of real right became legal means of distribution of the right of use selskohozjajyostvennymi grounds to full razverstanija the earths between landowners and chastyonovladelcheskimi peasants. For example, the easement was used for liquidation of a strip farming of the landowner and country earths. The grounds which were not a part usayodebnoj of settled way of life of peasants were transferred to the landowner. Instead of this earth to peasants another was taken away, and, the right of unobstructed using by former grounds within three years [225] was besides, given.

For maintenance of country land management with acts three forms of landed property are established: communal, household and local (inyodividualnaja). The communal form of landed property prevailed, thus it has not been precisely defined in the law. Leading pre-revolutionary lawyers (S.V.Pahman [226], D.I.Meyer [227], I.Golmsten, K.D.Kavelin [228], etc.), except for K.P.pobedonostseva [229], qualified a community as the subject of law and even as the legal body. Complexities with definition of the status of communal landed property were caused by that within the limits of a community there were three categories of the earths with
Various legal regime: the earths farmstead, field nadelnye and the earths communal (pastures, pastures and so forth).

As the farmstead earths in the law were called the ground areas, where nahodiyolis country court yard with "mansion" and other constructions, and also a kitchen garden and a garden. The law regulated a various legal regime of acquisition and isyopolzovanija the farmstead earths and field plots. The repayment of farmstead settled way of life was made out given on redeemed manors [230]. According to item 26 «polozheyonija about the repayment» peasants from the date of delivery to it given received the farmstead earths in the full property with that restriction, that within the first 9 years with vremeyoni the Position statement (till February, 18th, 1870) they could not transfer and pawn them to the persons who are not belonging to a community. After this term kreyostjane could dispose of manors on the property rights on the basis of the general civil laws, keeping thus the right of use of the communal earths consisting at the disposal of all society [231].

Under item 160 «Positions about the repayment» field nadelnye the earths and obshchestvenyonye the grounds redeemed by a rural society, were considered as the property of all society possessing the right razvyorstki of the earths between members of a community on osyonovanii of a written sentence of a society, approved by two thirds obshchinyonikov, possessing a vote on a descent. The subject of law of possession and polzoyovanija field nadelnyh the earths the country court yard limited to the right of a community to carry out repartitions of the earth depending on changed concrete circumstances in a court yard or a community as a whole [232] admitted.

In common use obshchinnikov there were indivisible grounds in the form of "corners" or "pieces" between plots. The community in the name of its representative body - a descent, depending on properties, quality and the nature nadelnoj the earths, a part it ordinary left in common use to all members unseparably or vyyodeljaet known sites for hereditary using. Such earths or
Were used by all members of a society, or in interests of a community, for example, tenancy both to the members, and by-standers.

Concerning legal nature of the right of country societies on the earth in the legislation there are no accurate instructions. For a designation of these rights in certificates isyopolzovalis uncertain expressions: « The general possession "," the general polzovayonie "," constant using ». Concept"property"of laws are used extremely seldom [233] (Position item 160 about the repayment). At all complexity zakonodayotelnoj designs of communal land management we believe, that the state as the basic subject of law of the property of the communal earth assumed a rural society. As the proof to that we consider the Civil code project in which the communal property was fixed as a kind sobstvennoyosti the legal person [234]. Besides, in the law the loss fact pomeshchiyokom the property rights to the earth after reception of the redemption loan was fixed and was not mentioned anywhere that this right has passed to the state. Participation of the government in redemption operation consisted in extending credit to country societies for the repayment the last in the property of the allotments which have been taken away by it under authorised reading and writing.

Specificity of a legal status of members of a community does not allow rassmatriyovat communal possession as a version of the right of the joint property as it was done by the Senate [235]. A legal design of the joint property preduyosmatrivala, that each proprietor had an ideal share of the earth and could vystuyopat independently in external legal relations for protection of the right and for the order it. Management of the joint property unlike the communal did not demand creation of special body for interaction with the third parties.

Each co-owner is competent to operate directly on its own behalf in sphere of individual share belonging to it.

The share, taken away to each of such proprietors, not only defined volume of its competences concerning the third parties, but also formed the basis for its relations with other co-owners of the joint property. All incomes and voyoobshche all profit from imushchestv belonged to it proceeding from the size of this share, and in the same proportion expenses and the expenses made by this or that accomplice in favour of object of the general possession laid down on it. The actions it could not interfere in legal area of other accomplices and that the site which is in the joint property, could be entirely sold, put in pawn and other, the consent of all proprietors was necessary, it is not enough one majority vote. However the proprietor could dispose of the share on sobstvenyonomu to the discretion and irrespective of, whether it is considered the given property razdelyonym or unseparable [236].

Co-owners of the communal earth had no ideal share. According to resheyoniju general meeting 1,2 and Cassation departments of the Senate from March, 16th, 1887 transfer obshchinnikami the allotment in rent to the by-stander could be carried out only with the consent of a descent. In the decision from November, 12th, 1891 the Senate has defined, that the rural society can forbid the member alienation of property belonging to it, «which is not caused razumnoju by requirement» and «can enter a society into losses on payment of duties» [237]. Thus meant both movable, and real estate and attempt to deprive peasants of the right of a private property on any property became.

The intervention right admitted the decision from September, 10th, 1891 behind a rural society in economic processing and ways of culture, proizvoyodimye separate domohozjaevami on them nadelnyh sites wordly field «
The earths »[238]. In using obshchinnika the earth part, prinadlezhavyoshaja was given to a society, the size and which arrangement were defined during regular ground repartitions. The assumption of repartitions on an arable land served dokazayotelstvom to that here there was no ideal share on the earth as at the general sobyostvennosti, and time using known quantity nadelnoj the earths which could grow or decrease subsequently in zavisiyomosti from increase or number reduction domohozjaev was created. In country zakonoyodatelstve the time interval (12 years) between repartitions for the purpose of protection of individual work and the personal initiative from the excessive equation is defined.

The household landed property prevailed in the western areas of Russia, javljayolos possession collective and hereditary, and its subject was krestjanyosky a court yard. To the beginning of XX century in 50 provinces of the European Russia only 20 % nadelnyh the earths were in household land tenure, the others were communal [239]. Allotment purchase and sale separate domohozjainom was the basis of occurrence of household landed property. According to item 165, 166 «poyolozhenija about the repayment» and item 92 «Local position about the land device kreyostjan, installed on the landowner earths in provinces Malorossijsky» in preyodelah household landed property the joint property mode was fixed, it was object of the rights not only domohozjaina, but also all members of a family [240].

The senate considered as the proprietor of a household site sovokupyonost physical persons [241]. The formal basis to a similar sight posluzhiyoli some positions meeting in country legalisations where expression «a country court yard» or «a country family» there where it is spoken about the owner nadelnogo a site as though was by the way used. A principal cause seyo
natskogo interpretation the aspiration to complicate alienation of country plots on fiscal interests and in interests of the most country estate was.

In decisions of the Senate the subject of law of the property on a household site considers a country family, i.e. the union, obrazuemyj from the relatives living in one economy and constituting labour unit [242]. Similar zakoyonodatelnaja the design met in the certificates regulating the device doyoreformennyh of the state peasants. So, under the law on December, 9th, 1846 along with communal using unseparable family sites, sluyozhashchie to interests of the blood union admitted, but there domohozjain could choose to itself nasledniyoka and by that to show individual will [243].

In the Russian legislation there is no regulation of a country court yard as the subject of legal relations and position prinadyolezhashchej to it the real estate is not defined. However the analogue of the given kind of possession existed in the medieval states. So, in Germany it was called as cumulative sobyostvennostju. Its difference from the joint property of the Roman origin soyostojalo that co-owners have been deprived the independent right rasporjazheyonija. All together posessed the property on one thing, and only all vmeyoste authorised the order. This property did not assume presence of the isolated share serving by a subject for alienation from the party otdel -

3 nyh owners and allowing them to leave joint legal relation [244].

Independence restriction domohozjaiyona was an overall objective of a new legal design of a country court yard, soyozdannoj Senate interpretation: appointment of the successor was forbidden to it, though for malorossijskih peasants such transfer was assumed by the law. Any action domohozjaina, connected with the order the earth, was considered from the point of view of interests of a family in which head it stood, and could be nullified, if from it
Members of a family could suffer. The section of household possession was carried out on the basis of local customs [245].

Local possession agrees ch. 2 items 165 of General provisions on the peasants who have left a serfdom, arose at repayment domohozjainom the redemption loan. As a result the peasant acquired the right on vydel from obshchiyony and strengthening behind it of the redeemed site. At performance specified usloyovy the rural society has been obliged to make vydel, thus whenever possible to reduce nadelnye the earths to one place at own discretion [246]. Thus gosuyodarstvo has continued practice of wide use legislative ograniyocheny the private commerce of country household sites as means of legal regulation of zemelno-distributive relations. So, in case of sale of a site of the earth to the peasant who is not belonging to a society, the buyer should bring all not paid redemption debt.

Besides, procedure of fulfilment of the serf certificate on country nadelnyj a site complicated the private commerce of the earths. Possibility to make such transactions for the sum less than 300 roubles in volost board existed with 1881 to 1883 Further to peasants it was necessary to make these certificates under general rules. Absence separate given on a household site to pogayoshenija the redemption loan did the statement by the senior notary of the transaction osporiyomym as not was the formal proof of presence of the right private sob - stvennosti [247]. The decision of General meeting of the Senate 1886/16 in relation to gosudaryostvennym to peasants allowed the senior notaries to be guided priloyozhennym to vladennym to records by transfer of household sites. Along with kupyochimi and data of special attention separate records and poljubovyonye deserve a fairy tale with which made out mutual and voluntary concessions of the right sobyostvennosti between the co-heirs, aspiring to divide property. In sluyo
Teas when the real estate was their object, they were made by the serf poyorjadkom, but not charged with serf duties.

As under cover of item 165 of Position about the repayment mass purchase of the earth by buyers that led obezzemelivaniju the peasants who have become by a burden of rural societies, and to increase in shortages has begun, the government accepted reyoshitelnye measures for carrying out during a life of a principle of inalienability krestjanyoskih nadelnyh the earths. The law from December, 14th, 1893 « About some measures to preyoduprezhdeniju alienations country nadelnyh the earths »[248] were established restrictions of the property right of a community on nadelnye the earths. To communities zapreyoshchalas sale nadelnyh the earths without the statement constituted about that with soglayosija not less all 2/3 obshchinnikov a sentence Provincial Presence, and for the sums over 500 roubles also with the permission of the Ministry of Internal Affairs and the Finance. This law also has established, that an interdiction for transfer nadelnyh the earths in the pledge containing in item 170 of Position about the repayment, is extended and for a while after repayment of the redemption loan. On the other hand, the law has hardened the right sobyostvennosti communities, having cancelled a rule of item 165 of Position about the repayment, permitting separate domohozjaevam-obshchinnikam to redeem ahead of schedule in the property given by it in using sites of the communal earth.

The above-stated law has been aimed at mobilisation prevention kreyostjanskoj the earths and fixed restriction of its transition to representatives of other estates. The law was accepted as temporary, but operated more than 20 years and even stolypinskoe the legislation cancelling traditional foundations of a country life with a view of expansion of the right of the free order by the earth, not only has not cancelled the law on December, 14th, 1893, but also has expanded restrictions in purchase nadelnoj the earths, having established a limit six per capita plots per customer [249].

For streamlining of repartitions of the earths in communities the government had been passed the law from the June, 8th, 1893, containing rules for manufacture of repartitions of the earth. In particular, private repartitions, i.e. earth "dump-navalka" were prohibited between
Members of a society, established term for the general repartitions - not less than 12 years, the written form of sentences about repartitions was ordered, ways of the indemnification for at whom at repartition the earths of the best kacheyostva, etc. Functions of the control over earth repartitions legislatively were selected were specified were fixed for zemskimi chiefs and their congresses [250].

Thus, in second half XIX century the state legislatively zayokrepljaet the developed approaches to distribution pashennyh the earths. Formally free rural inhabitants become subjects of zemelyono-distributive legal relations, having received not only the right of use and possession, but also the property right to the earth. However the system of restrictions and zayopretov concerning the order, usings and possession of sites pashennoj the earths actually excluded the private commerce of country plots. EdinstvenYOnym the rural society (community), and communal land tenure - osnovyonoj the legal form of use of the earth peasants becomes the authorised subject of zemelno-distributive legal relations. Thus in laws obyoshchinnoe land tenure was considered as the using based on pereyodelah and distribution of the earth according to a sentence of rural societies under condition of serving of duties put on the earth [251].

Rural societies took away the earth on the basis of usually-legal system of distribution (on revizskim to souls, on cash, on tjaglam, on eaters, on rayobotnikam) to separate court yard, i.e. separate domohozjaevam, in proportion to number falling to a court yard razvyorstochnyh units [252]. Considered zemelyono-distributive legal relations developed of a society duty to allocate the earth for a court yard, from the right domohozjaina to demand a plot for a court yard, but in the given relation the society duty mismatches the court yard right, and is defined by the law. The court yard right at certain actual obyostojatelstvah is transformed to a duty to accept a plot, to that from the party
Societies korrespondiruet the right to impose a plot. Thus mutual relations between a community and domohozjaevami in sphere of distribution of allotments were defined by a common law, instead of the legislation.

To beginning HH century the state and communal earths occupied in Europejyosky Russia of territory of 70 % and before the government there was a problem to result agyorarnyj country sector in conformity with changed sotsialnoyoekonomicheskimi conditions. State intervention in zemelnoyoraspredelitelnye relations in a community, on the one hand, has led to transformation of the settled mechanisms of usually-legal section of the earth and sayomih fundamental bases of existence of "world". These tendencies were obuyoslovleny development of private-ownership and commodity-money relations in village, deepening of property and social differentiation in rural societies in connection with the termination of class isolation krestjanyostva and its inclusion in obshchegrazhdanskie relations. On the other hand, gosuyodarstvo it is artificial constrained existence of patriarchal bases obshchinyonogo land management, hardening imperious positions of a rural descent and limiting business separate obshchinnikov [253].

Therefore, when in the beginning of XX century in Russia agrarian disorders have begun, the government has appeared before the following dilemma: to carry out the cadet program of expropriation of a considerable part of the privately owned earth or to go on a way of an individualization of land tenure and development private sobyostvennosti on the earth. In program preparation stolypinskih preobrazoyovany the question on transfer legislative by an earth part krupyonejshih land owners to peasants was discussed. However after carrying out careful rasyochyotov the commission has drawn a conclusion, that transfer of a part or even all chastnovladelyocheskoj the earths will solve a question on very short term [254]. All cash fund neyokrestjanskih the earths within the European Russia did not suffice for dopolniyo
telnogo investment of peasants to consumer norms. As a result the government has designed an agrarian reform satisfying and its political inteyoresam, and to the ripened economic requirements of the country.

By preparation of Stolypinsky reform it was considered, that since time osvoyobozhdenija from a serfdom and till 1905 in 45 provinces the area chastyonogokrestjanskogo landed properties has increased about 5 l to 24 l of million desjatin, that is has increased in 4 1/3 times [255]. The Stolypinsky legislation promoted juriyodicheskomu to registration more than one million allotments personal sobstvenniyokov and to an establishment of the right to a share invariance in a plot. A part of proprietors have taken advantage of the Decree from November, 9th 1906 g [256]. And the law from June, 14th, 1910 [257] for strengthening in the property of the cherespolosnyh plot parts, others reduced the earth hardened in the property to one place (in farm or otrub) or all settlement on a sentence of the descent signed not less of 2/3 voices, pereyohodili from communal possession to the household. In carrying out of reform of 36,7 % of peasants or 9 million domohozjaev have handed in the statement for an exit from a community [258].

The primary goal of legal regulation became development private sobyostvennosti on the earth, activization of market forms of a turn of the ground areas by destruction of a strip farming and approach of farmstead settled way of life of peasants to their field grounds. Land management answered economic intereyosam huge weights of peasantry and has received a wide circulation. To the law on land management from May, 29th, 1911 [259] to harden the earth in the property it was possible only after an exit from a community on the basis of own statement. The mentioned law has granted the right zemleustroitelnym to the commissions to take away plots in sobstvenyonost separate domohozjaev without a preliminary exit from a community. After coming into force of this law quantity of statements for an exit from a community sharply
The quantity of statements for land management [260] was reduced and has increased. The Adoption of law from May, 29th, 1911 has coincided with congress carrying out on zemleustroitelnym to the affairs which have approved the new order zemleustroitelnym to the commissions. The principle of the voluntary consent of peasants has been put in a basis nakayoza on delimitation, isyohodja from this, that only that land management has the price which advantage priznayoetsja and is approved by all interested population.

The law has given on May, 29th, 1911 zemleustroitelnym to the commissions judicial powers. All ground disputes arising at land management, including disputes on the borders which are coming under to land management of the earths, have passed now in conducting zemleustroitelnyh establishments. Powers zemleustroitelnyh the commissions are considerably expanded, their competence is extended to the earths of small possession and on earths all in general. The total area finished zemleustroitelyonyh works on the earths nadelnyh, treasury and bank for January, 1st, 1912 has reached about 16 million desjatin, on them has been arranged over 1 600 thousand country dvoyorov with the population over 10 million souls of both sexes [261].

Not less the great value, than legal registration of land management, had concept fastening «a ground share» in the Decree from November, 9th, 1906 [262] and other certificates of Stolypinsky reform. The government has deprived a rural society of the right to establish a ground share on the basis of a common law. In 58 % of communities 40 guyoberny the central Russia to the beginning of XX century regular repartitions of the earth prekrayotilis. The right to an invariance of "a ground share» became norm.

However fastening in laws of basic elements zemelnoyoraspredelitelnyh legal relations has not led to legal registration inyodividualnyh the ground areas and to private property fastening on zemyolju. First of all it is caused by incompleteness of an agrarian reform as a whole and zemleustroitelnoj activity in particular. There was a separation prayovovyh forms from a real condition of zemelno-distributive relations.

In days of the First World War the government refuses the purpose dalyonejshego private property strengthenings on farmlands and vosyostanavlivaet the rights of a rural community in sphere zemelno-distributive otnoyosheny. Individual exits from a community and isolation of allotments have proceeded, however they caused fierce resistance obshchinnikov as were spent compulsorily and broke interests of the majority zemleyopolzovatelej. As the discontent proof obshchinnikov serve mnogochislenyonye complaints in Pravitelstvujushchy the Senate and other instances. The last often remained without consequences that led to growth of pogroms of farms and otrubov [263].

The government reacted to rabble-rousing movement not only application of military force, but also concessions. Zemleustroitelnye works to the beginning of 1916 have been ceased, but peasants have not ceased struggle with ukreplentsami (otrubnikami and farmers), achieving return of the allocated earth to a community. As the core prinyotsipom distributions of the earth in the conditions of war labour, levelling communal land tenure still acted.

To the beginning of 1917 the unresolved agrarian question became threat of existence of Russian empire. Therefore to one of the primary goals Time pravitelyostva, the 1917 which have come to power after February revolution, became podgoyotovka land reform and working out of prime measures before agrarian question final judgement on the Constituent assembly. The Main Ground Committee allocated with powers on stay of action before accepted laws, causing negative reaction krestjanyoskogo the population «svoeju by inconsistency with a new political system» [264] has been for this purpose created.

Functions of provincial, district ground committees consisted in gathering stayotisticheskih and other data for carrying out of land reform and acceptance of the governmental certificates, consideration of all ground disputes and creation priyomiritelnyh chambers for the purpose of prevention of infringement of the rights and interests zemleyopolzovatelej. Volost ground committees had no defined kompeyo
tentsii also existed for the account of the illegal taxation chastnovladelcheyoskih the earths and the earths of joint-stock companies. Refusal of payment of taxes rassmatriyovalsja ground committees as the basis for sale from the auctions imuyoshchestva land owners [265].

Provisional government bodies did not manage to create rules zemlepolyozovanija, to bar illegal confiscations and requisitions of the earths, to provide zayoshchitu the rights of proprietors of the privately owned earths and to satisfy zemelyonye interests of peasants [266]. From documents of councils of country deputies follows, that peasants counted on acceptance by Provisional government sootvetyostvujushchih usually to-legal principles about correct distribution of the earths akyotov to the Constituent assembly, but laws only limited samoupravyostvo the country organisations. So, in the law from April, 11th, 1917 «About protection on -

3 sowings »[267] are recognised by illegal decisions of volost, district and other committees, the public organisations, the breaking rights of private land owners [268]. At the same time the law recommended, that the earth used for the designated purpose by private owners, passed in the time order local komiteyotov for its transfer to rent under the reasonable price [269].

In the summer of 1917 of the requirement of country weights began to sound more reshitelyono and it is aggressive. Peasants insisted on the prompt carrying out of section of the earth and capitals [270]. According to the Main ground committee from March, 1st till July, 25th proyoizoshlo 1777 various ground conflicts. About 50 % from them, or 889 sluyochaev, - captures by peasants of ground grounds. Peasants insisted on pereyostrojke ground relations on the basis of common law principles. Among prime requirements: private property cancellation on the earth, uvelicheyonie allotments of peasants at the expense of the state and privately owned earths,
According a right of using by the earth only that who processes it and within labour norm, clearing of land users of all taxes and tax collections, cancellation of the Stolypinsky legislation [271].

As a result the Provisional government accepts the Decision from June, 1st, 1917 «About the further manufacture about alienation immovable imushchestv for the state or public advantage» [272], suspended otdelyonyh legalisations about country landed property and land tenure, position about land management, and also has abolished zemleustroitelnye the commissions. postanovyolenie has suspended proceedings on realisation individual zemyoleustrojstva, on strengthening in a personal property of sites communal nadelnoj the earths; on all zemleustroitelnym to the actions provided poyolozheniem about land management from May, 29th 1911 g [273].

In the conditions of activization of a spadework to an agrarian reform zayosluzhivaet attention creation on July, 19th, 1917 and Commission activity on voyoprosam the standard beginnings in land fund distribution at the Ministry of Agriculture [274]. Following problems were assigned To this body: settlement rasyopredelenija all earth between various groups of agricultural population, a choice of a principle for definition of norm of land tenure, definition of a method of the works necessary for research of a question on norms legal, consumer, labour and organizational-economic. So, the rule of law was established on each economic region and defined depending on height of the rent of a various sort of the earths and a contingent of the persons having on it the right.

Shorthand reports of sessions of the Commission concerning the standard beginnings in rasyopredelenii land fund from July till October 1917г., postponed in funds of the Russian state historical archive, give the basis utveryozhdat, that unities in approaches to carrying out of an agrarian reform at members Which
Missions, at the agriculture Ministry were not [275]. At the same time instructions, prayovila, approaches and principles of distribution the earths developed by the Commission, vpoyosledstvii will be used by the Soviet government.

In the autumn of 1917 ground committees have transferred all privately owned earths in the order. Under the threat of pogroms otrubshchikam and to farmers have suggested to return to a community [276]. At Congress of councils of country deputies in Tsaritsyn on September, 24th, 1917 have cancelled a private property on the earth in RosYOsii "for ever" [277]. Actual capture pomestnoj and other privately owned earth has taken place in the Russian village in the summer - autumn of 1917 of the Earth of the prosperous peasants who have generated an economy during carrying out of Stolypinsky reform, have been cut down and finished to average communal norms, those who resisted, ejected in other areas. According to researchers the average country plot in the European Russia has constituted 2 833 hundred parts [278].

Thus, a legal regulation main objective zemelnoyoraspredelitelnyh relations in second half agrarian reforms? I?

- nach. HH centuries there was a distribution of the earths of an agricultural purpose between the basic manufacturers (landowners and peasants) for realisation of fiscal interests of the state, maintenance of employment country naseleyonija, prevention of uncontrollable spontaneous population shifts. PravoYOvye certificates of Country reform and stolypinskoe the legislation have expanded a circle of participants of zemelno-distributive legal relations. Legally consolidated country estate has got the status of free rural inhabitants and the property right to the ground areas.

At the same time during carrying out of agrarian reforms the government did not manage to finish razverstanie the earths between landowners and peasants, legal registration of individually certain sites of the earth and legal zayo
Fastening of rights and legal obligations for all categories of land users. In the conditions of ground narrowness in tsentralnochernozemnyh areas of Russia and incompleteness mezhevyh works the legislation aggravates the conflict of interests of agricultural manufacturers, fixing mnozheyostvennost legal forms of land tenure (communal, landowner, household, farm, otrubnoe).

During all poreformennogo the period up to October revoljuyotsii 1917 in Russia a variety of local legal customs in sfeyore distributions pashennoj the earths that complicated remained and slowed down process reformiyorovanija and legal regulation of zemelno-distributive relations by the state [279].

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A source: PETROVSKAYA TATYANA SERGEEVNA. LEGAL REGULATION ZEMELNOYORASPREDELITELNYH of RELATIONS In Russia (the beginning of XVIII century - 80th years of the XX-th century): ISTORIKO-LEGAL RESEARCH. The dissertation on competition of a scientific degree of the master of laws. Rostov-on-Don - 2019. 2019

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