Land law - History of the domestic state and law. Part 2

Land Law

The transition to NEP required a clear legal regulation of land use. Before the land law was the task to contribute to the restoration and development of the village in conditions of the predominance of individual farming.

The largest legislative acts of the period were land codes. The Land Code of the RSFSR was adopted by the All-United States Central Executive Committee on October 30, 1922, and operated throughout the territory of the RSFSR, with the exception of the autonomous republics and regions for which special editions were drawn up, taking into account their specific features. In the years 1923-1925. similar codes were approved in the Ukrainian, Georgian, Belarusian SSR. Basically, the codes of the Union republics contained the same norms as the Land Code of the RSFSR. However, there were some differences in both content and form. For example, the Land Code of the Ukrainian SSR, which consisted of four, and not three, as the United States Code, parts, fixed special rules on the provision of various benefits to committees of uninvolved peasants.

The land codes were based on the principle of nationalization of the land. They determined the legal regime of agricultural land, cities and towns, the free lands of the state fund. However, of all types, the first ones stand out, which in aggregate constituted a single fund, which is administered by the People's Commissariat of Agriculture. More than half of the articles of the Land Code of the RSFSR are devoted to the legal regime of these lands.

Possessing the right of ownership of land, the state transfers it into possession and use. Ownership of agricultural land was due to the management of the labor economy, i.e. economy, based on the labor of land owners. The right to receive land for agricultural use was, according to law, all citizens of the RSFSR, capable of processing it. Restrictions in labor land use only affected former landowners. According to the resolution of the Central Executive Committee and the Council of People's Commissars of the USSR on March 20, 1925, they were subject to eviction from the areas where they had estates before, but if they wished to engage in agriculture, they were given the right to grant land within the labor standards in other provinces from the lands of the colonization-resettlement fund.

Since the owner of the land was the state, its disposal for the land users themselves was very limited and was under the control of state bodies. Land codes allowed the labor lease of land in the event of a temporary weakening of the peasant economy due to a natural disaster, a shortage of labor (for example, if a member of the peasant household leaves the Red Army, illness). Rent land could only be in case of individual use of land, the lease was limited to eight years (with four-field).

It was allowed to use in farming and hired labor, which was supposed to have the nature of an auxiliary, i.e. applied with the participation of all able-bodied members of the economy in work on a par with hired workers. The work of the latter was protected by law.

Peasants were given freedom in the choice of land use forms. Article 90 of the Land Code of the RSFSR proposed the following methods of land use: communal (with equalizing redistribution of land between households), district (with the same size of land in each yard as strips, bran or farm sites) and comradely (with joint use of land by members of the society that make up the agricultural commune, artel or partnership for the public cultivation of the land). Legislation gave a detailed description of all forms of land use, especially focusing on collective.

As the conditions for the transition to mass collectivization of agriculture matured, land law established new benefits for cooperative farms. The general principles of land use and land management of December 15, 1928 consistently implemented the idea of ​​promoting collective forms of farming. Certain features in the late 20's. had the land legislation of the republics of Central Asia, where at this time the land and water reform was carried out.

The restoration and development of the national economy raised the problem of environmental protection. In 1921, the Decree of the Council of People's Commissars of the RSFSR "On the Protection of Natural Monuments, Gardens and Parks" was adopted, which transferred the establishment of reserves and zakazniks, the necessity of creation of which was dictated by the needs of science, the People's Commissariat for Education.

The Forest Code of the RSFSR was seen as a logical extension of the Land Code. According to the Forest Code, all forests were a single state fund, divided into forests of national and local significance. Forests of local importance remained in the use of local Soviets, which were entrusted with the organization of forest management and protection of the forest. Forests of national importance were divided into state forests and special purpose forests. The Code lists the types of special purpose forests, highlighting defensive forests among them. As for forests of national importance, the Code stressed the need for a planned economy, planning not only the size of felling, but also reforestation and forest management.

The law on forests was adopted in Ukraine, which by the volume of the normative material contained in it can be considered as a code.

The forestry of the country suffered significant shortcomings, as indicated by the Decree of the Council of People's Commissars of the USSR of February 2, 1928. "On measures to streamline forest management": excessive exploitation of forests in low-forest areas and their inadequate exploitation in wooded areas, In addition, reforestation works were very poorly developed. Particular attention was paid to the unsatisfactory situation in the forests of local importance.

In order to improve the condition of the land and involve uncomfortable and waste land in the economic circulation, the Council of People's Commissars of the RSFSR adopted Decree "On Forest Reclamation Works" on June 5, 1925, which provided for the expansion and systematic development of forest reclamation.

In the second half of the 20-ies. the legal protection of the subsoil was initiated. The provisions on the bowels of the earth, adopted in 1920 and 1923, regulated the civil-law relations that arose in connection with the exploration and exploitation of underground resources. For the first time the question of the protection of subsoil was put in the Mining State of the USSR. The implementation of mining supervision was entrusted to the Supreme Economic Council.

The development of industry has also put forward the task of legal regulation of sanitary and hygienic conditions in cities and towns. In the early 20-ies. special attention was paid to the sanitary protection of resorts. Measures have also been taken to protect the water supply sources of cities, workers' settlements and other settlements.

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