Regulatory potential of the positive and customary law of the zyryans and samoyeds in the field of environmental management in the xvii - Xviii centuries

Abstract

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 The authors studied various historical documents, national folklore, mythological prose.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.