FEATURES OF FIXING THE NORMS OF RESPONSIBILITY FOR FORESTRY VIOLATIONS IN "THE FOREST CHARTER" (P. 1 VOL. VIII "CODE OF LAWS OF THE RUSSIAN EMPIRE")

Abstract

The article studies the characteristics of positioning the institute of responsibility for violation of the forest legislation in "The forest charter" at different stages of development of "The code of laws of the Russian Empire". The maintenance of the speci-ied legal institute in different editions of ""The forest charter" - from early (by the example of edition of 1857) to late (according to the edition of 1905) is compared. The gradual reduction of amount of norms on responsibility for forestry violations at the general improvement and evolution of this institute which is on a junction of forest and criminal law of this time is traced. Special attention is paid to interaction among themselves when forming this institute of norms of "The forest charter" with norms of the criminal legis- lation - "The code on punishments" and "The charter on the punishments imposed by magistrates". Conclusions about evolution in understanding of saving of the woods by the legislator from their protection as usual property to deeper judgment of their nature-resource value as major public interest are drawn. The institute of responsibility for the corresponding crimes and offenses in the pre-revolutionary forest right is compared to modern positioning of this institute in the Forest code of the Russian Federation. On the basis of the considered historical and legal experience recommendations to the modern Russian legislator are made.