Restriction of property rights in western provinces of Russia in the 19 — early 20 cent.

Abstract

The article deals with the issues of limiting property rights in the western provinces of Russia. The study touches upon the problems of peasant land ownership and the policy of Russification of these territories. Extensive normative and legal material, judicial practice and archival documents are involved. The Polish uprisings in 1830–1831 and 1863–1864 radically change the state activity in the region. There is a consistent restriction of the rights of the Polish gentry, and the Russification of the region begins. The decree of 10 December 1865 introduces the concept of a "person of Polish nationality" and limits the right of the gentry to own land. Polish peasants did not fall under the Decree, and their right to purchase plots of land was not limited. The process of forming a new layer of large Polish landowners from former peasants begins, which raises serious concerns in government circles, since this does not correspond to the ongoing policy of Russification of the region. At the end of the 19th century the practice of applying the Decree of 1865 identified a number of problems, including those concerning the circle of persons to whom this normative legal act was to be applied. When determining the authority of a subject, religious affiliation is put at the forefront. At the same time, the issue of replacing the concept of "person of Polish nationality" with "person of foreign religions" is raised. The article shows the difference in views in the government regarding the legal regulation of the lands of non-noble Poles. A conclusion is made about the sufficiently balanced approach of the legislators in developing the laws and in-depth study of the problems identified in practice.

References

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