Lesyk O. Legal regulation of land relations in the territory of Western Ukraine as part of the Republic of Poland (1921–1939)

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100872

Applicant for

Specialization

  • 081 - Право. Право

14-07-2022

Specialized Academic Board

ДФ 35.051.057

Ivan Franko National University of Lviv

Essay

The dissertation shows that the legal regulation of land relations in the western Ukrainian lands on the eve of incorporation into the Republic of Poland (1919–1921) directly depended on the legal tradition of the states that included the Ukrainian lands. It has been shown that since the incorporation of Galicia into the Habsburg monarchy, the Austrian government, along with the political order of affairs, has pursued an economic policy that benefits the state as a whole, not just certain sections of society. This affected the restriction of the privileges of the nobility and the transformation of peasants into subjects of the state. Improving the legal status of peasants, in particular the protection of the rights of peasant land use, was seen as an important means of strengthening the state in economic terms. The rights of peasants were protected by the state. 1) land reforms of «enlightened absolutism» at the end of the XVIII century played a positive role in this regard. and 2) the abolition in 1848 of serfdom. By de jure making the Galician peasant the owner of the land, the reforms severed ties between him and the lord and led to a greater interest in political life. The content of the state policy of the Second Rzeczpospolita in the field of legal regulation of land relations in Western Ukraine (1921-1939) is revealed, its development in the conditions of Polish statehood revival is shown. It was emphasized that the policy of the interwar Republic of Poland pursued important social and political goals, including the assimilation of the Ukrainian population and the Polish government's desire to solve the problem of land overpopulation on Polish ethnic territory and strengthen economic and political influence in western Ukraine. It is established that the main socio-economic, political and legal factors that led to the formation and development of legal regulation of land relations in Western Ukraine as part of the Republic of Poland (1921-1939) were: high concentration of vacant lands after the annexation of Western Ukraine; imperfections and contradictions of different sources of law in Galicia and Volhynia, which were not able to fully regulate land relations in the same way, in particular regarding the right to own, use and dispose of land. The process of formation of the legal framework was analyzed, as a result of which the main types of legal sources that regulated land relations in the territory of Western Ukraine as part of the Republic of Poland (1921–1939) were identified. It is proved that the Austrian civil legislation played one of the decisive roles in the legal regulation of land relations in the territory of Western Ukraine as part of the Republic of Poland (1921-1933); It is shown that the formation of legal regulation in the Republic of Poland, and thus its spread to the territory of Western Ukraine, was associated with land reform, which was an important political act, one of the symbols of restoration of state independence of Poland in 1918. became a political compromise, and thus defended the interests of only certain groups of the population, promoting settlement and parcelling. A comparative legal analysis of the subjects of land relations in the territory of Western Ukraine as part of the Republic of Poland (1921-1939), their socio-legal status, role and place in land law processes. In particular, based on the study of archival materials, it was found that despite the efforts of the central government, the implementation of land reforms in Western Ukraine was slow, there was passive resistance from large landowners who disagree with the policy of fragmentation of large lands. The general features and differences in the legal regulation of obligations arising from the right of ownership and ownership of land in Western Ukraine as part of the Republic of Poland (1921-1939). It is substantiated that the Ukrainian society reached its highest development in the second half of the XVII - first half of the XVIII century, when the system of regulation of land relations was based on the priority of private ownership of land, and it is shown that any deviation from this the order of preference for subjects of law of other forms of ownership led to a decrease in economic development, increasing social tensions and confrontation in society, as well as identified major trends in legal regulation of land relations in Western Ukraine as part of the Republic of Poland (1921-1939), in particular, it is proved that the general vector of this evolution was aimed at the formation of the institution of private ownership of land.

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