Article | Legal Responsibility for Violation of the Forest Legislation of the Grand Duchy of Lithuania |
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Authors |
BORIS KINDYUK
Doctor of Law, Professor, head of the laboratory for combating drug crime Odessa State University of Internal Affairs (Odessa, Ukraine) ORCID ID: https://orcid.org/0000-0001-8519-4649 kxenon46@gmail.com
MIKHAIL YURKEVICH
Chairman of the Commercial Court Lviv region (Lviv, Ukraine) ORCID ID: https://orcid.org/0000-0001-5976-9525 muvayur@ukr.net
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3 / 2021 |
Pages | 121 - 132 |
Annotation | The issue of continuity of legal requirements for forest protection is considered. The existence of common features and continuity of the legal provisions of Ruska Pravda and the Statutes of the Grand Duchy of Lithuania concerning the norms on forest protection are proved. The forest protection norms of the GDL Statutes, as well as the norms of Russkaya Pravda, provided for liability for their violation, but the main object of protection was not forest resources, but the right of ownership of these objects. An analysis of the norms of legal liability enshrined in the Statutes of the Grand Duchy of Lithuania for offenses in the forest protection sphere was carried out. It is emphasized that the editions of the GDL Statutes (1529, 1566, 1588) successively replaced each other, the previous edition served as material for the next one, but at the same time supplemented and changed it, including new norms in the document. It was established that the content of these regulations on forest protection differed in the composition of offenses and the degree of responsibility for them. On the issues of responsibility for violation of forest protection norms provided by the Statutes of the Grand Duchy of Lithuania, attention was paid to the reduction of sanctions in the Statute of 1588, in comparison with the previous ones, for some types of offenses. The most severe sanctions were provided by the Statute of 1566, which provided for the death penalty for the theft of a tree, bees, and arson. The Statute of 1588 mitigated such punishments and changed them to fines or arrest. The aim of the work is to study the norms of legal liability for forest violations in the Statutes of the Grand Duchy of Lithuania and other legal acts that operated in the Ukrainian lands as part of the Grand Duchy. The content of other normative legal acts of that historical period – the “Charter for drags” of 1557 and the Forest Charter of 1567, in which the norms on forest protection were reflected, is investigated. It has been established that the Forest Charter of 1567 was aimed at organizing the forestry sector of the Grand Duchy of Lithuania. In that historical period, this natural resource was divided into two groups: the forests of the Grand Duke and the forests of individuals. The forests, which belonged to the Grand Duke, were divided, according to the Forest Charter, into separate forestries, headed by foresters. It was found that from court fines and other revenues, the forest guard had the right to receive part of the funds, the amount of which was set personally by the forester.
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Keywords | legal responsibility; Grand Duchy of Lithuania; Statutes; forest protection norms; penalties; forest protection |
References | Bibliography
Authored books 1. Demchenko G, Nakazanie po Litovskomu statutu (v ego trekh redakciyah 1528, 1566 i 1588 godov) (Tip Imperator un-ta Sv Vladimira 1894) (in Russian). 2. Leontovich F, Russkaya Pravda i Litovskij statut, v vidah nastoyatel’noj neobhodimosti vklyuchit’ litovskoe zakonodatel’stvo v krug istorii russkogo prava (Universitet tip 1865) (in Russian). 3. Maksimenko N, “Russkaya Pravda” i litovsko-russkoe pravo (Tip S V Kul’zhenko 1904) (in Russian). 4. Yasinskij M, Ustavnye zemskie gramoty Litovsko-Russkogo gosudarstva (Universit tip 1889) (in Russian).
Edited books 5. Russkaya Pravda. Pamyatniki russkogo prava (Urid lit 1952) (in Russian). 6. Statuty Velykoho kniazivstva Lytovskoho, t: Statut Velykoho kniazivstva Lytovskoho 1566 roku (Kivalova S, Muzychenka P, Pankova A red, Yuryd lit 2003) (in Ukrainian). 7. Statuty Velykoho kniazivstva Lytovskoho, t III: Statut Velykoho kniazivstva Lytovskoho 1588 roku (Kivalova S, Muzychenka P, Pankova A red, Yuryd lit 2004) (in Ukrainian). 8. Statuty Velykoho kniazivstva Lytovskoho, t I: Statut Velykoho kniazivstva Lytovskoho 1529 roku (Kivalova S, Muzychenka P, Pankova A red, Yuryd lit 2002) (in Ukrainian).
Journal articles 9. Kharytonov Ye, Kharytonova O, ‘Retseptsiia rymskoho prava u Statutakh Velykoho kniazivstva Lytovskoho: chynnyky, peredumovy ta deiaki rezultaty’ (2009) 49 Aktualni problemy derzhavy i prava 14 (in Ukrainian). 10. Mandiuk T, ‘Ruska Pravda yak dzherelo ukladannia Statutiv Velykoho kniazivstva Lytovskoho’ (2009) 49 Aktualni problemy derzhavy i prava 59 (in Ukrainian).
Dissertations 11. Kindiuk B, ‘Pravovi ta orhanizatsiini zasady vykorystannia ta okhorony lisiv na ukrainskykh zemliakh z X po pochatok XX st.’ (2010) (in Ukrainian). 12. Lohvynenko O, ‘Lisookhoronna sprava v Ukraini: istoryko-pravovyi aspekt’ (IX st. – 1990 r.) (2006) (in Ukrainian).
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