Regulatory potential of the positive and customary law of the zyryans and samoyeds in the field of environmental management in the xvii - Xviii centuries
Регулятивный потенциал позитивного и обычного права зырян и самоедов в сфере природопользования в XVII–XVIII вв
Plotskaya O.A. Sokolskaya L.V. Kaliakperova E.N. Alekseeva D.G.
1 December 2021International Network Center for Fundamental and Applied Research
Bylye Gody
2021#16Issue 41594 - 1601 pp.
Today, the interest of researchers in regional history has increased all over the world, especially to the history of the peoples of the Arctic zone of Russia. The purpose of this work is to study the regulatory potential of the positive and customary law of the Zyryans and Samoyeds in the use of land, water and forest resources in the XVII-XVIII centuries. The authors formulate the conclusion that the Arctic peoples under consideration have not lost their own identity, traditions and managed to preserve the regulatory force of customary law. In the XVII-XVIII centuries positive and customary law functioned in parallel on the territory of settlement of these peoples. The regulation of the sphere of nature management was aimed at preserving not only natural objects, but also the traditional system of life of ethno-local societies, as well as the established model of nature management. This trend appeared in the XV century. Since the XVII century, the legislator began to impose restrictions on the use of natural resources, legislatively allocating a list of protected, sovereign and other territories where the principle of freedom of use did not apply. By the end of the XVIII century, there is a tendency of mutual influence of the norms of positive and customary law in the field of environmental management. At that time, the customary law of the Arctic peoples supplemented the norms of positive law. The authors studied various historical documents, national folklore, mythological prose. An important source is archival documents, systematized in collections. Publications in the periodical press and pre-revolutionary normative legal acts of the Russian Empire systematized in the «Complete Collection of Laws of the Russian Empire» (PSZ), are attracted.
Commercial law , Customary law , Komi , Nenets , Positive law , Samoyeds , Zyryans
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Financial University under Government of Russian Federation, Russian Federation
State Humanitarian and Technological University, Russian Federation
East Kazakhstan State University Named after S. Amanzholova, Kazakhstan
Kutafin Moscow State Law University (MSAL), Russian Federation
Financial University under Government of Russian Federation
State Humanitarian and Technological University
East Kazakhstan State University Named after S. Amanzholova
Kutafin Moscow State Law University (MSAL)
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