The Legal Regime of Natural Bioresources in the XVII-XVIII Centuries in the Positive and Customary Law of the Finno-Ugric and Samoyed Peoples of the North of Russia

This article examines the features of the legal regime of natural bioresources in the XVII-XVIII centuries in the positive and customary law of the Finno-Ugric and Samoyed peoples of the North of Russia.The authors concluded that during the period under review, two legal systems of positive and customary law functioned simultaneously on the territory of the northern Finno-Ugric and Samoyed peoples.The legal regime of natural bioresources was regulated by the norms of positive law.However, its detailing took place in ordinary (unwritten) law, which included not only legal norms, but also moral and moral obligations, religious and taboo norms.Customary law contributed to the competent regulation of the sphere of nature management, preserving natural objects and biological resources, as well as the traditional system of life of these peoples, based on a centuries-old and repeatedly used model of nature management.Despite the fact that the Russian legislator, since the XVII century, introduced a number of restrictions on the use of natural objects and biological resources, however, by the end of the XVIII century a trend is being determined emphasizing the convergence process that took place between the norms of written and customary law, which complemented the first.The authors have formulated the conclusion that if during the period under review the Russian legislator as a whole sanctioned broad opportunities for the use of natural bioresources, introducing them into civil circulation and taxing such activities, then the norms of customary law of the Arctic peoples regulated in detail various aspects of nature management that were not affected by the norms of positive law, including the consolidation of property rights by generic signs property; regulation of commercial legal relations, including norms-taboo; resolution of conflicts arising on issues of environmental management by mediation and the implementation of ethno-justice in cases of similar competence.