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Agriculture
Reference:

M.I. Kozyr's Agrarian Law Ideas are Confirmed

Bogolyubov Sergei Aleksandrovich

Doctor of Law

Professor, Honored Scientist of the Russian Federation, Scientific Director of the Department of Environmental and Agrarian Legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

117218, Russia, Moscow, Bolshaya Cheremushkinskaya Str., 34

bogolyubovsa@mail.ru

DOI:

10.7256/2453-8809.2022.2.39397

EDN:

XDJXMV

Received:

14-12-2022


Published:

22-12-2022


Abstract: The works and activities of M.I. Kozyr, Doctor of Law, Professor, remain in the history of agrarian, land, and environmental law. Mikhail Kozyr's initiative, energy, organizational abilities were manifested in creative scientific and practical searches, numerous articles, textbooks, comments on laws, making legislative proposals, trips with scientific landings to republics, territories and regions of the USSR, on foreign business trips, participation in Italian and European agrarian unions. He appreciated, developed, promoted and taught collective farm – agricultural – agrarian law; developed new approaches to the legal provision of food security in Russia, clarifying the subject and methods, improving the quality of acts of agrarian law, implementing the norms of civil, administrative, land legislation in the legal institutions of agrarian law. M.I. Kozyr sought the restoration of agrarian law as a teaching discipline in law higher educational institutions. Currently, the ideas of M.I. Kozyr are recognized in the Russian legal, agrarian community: agriculture is included in paragraph "d" of Article 72 of the Constitution of the Russian Federation on the joint jurisdiction of the Russian Federation and it's subjects ; agriculture is included in the nomenclature of scientific specialties for the defense of dissertations; the multi-vector nature and importance of studying legal issues of agriculture, justification of ways to improve efficiency of legal regulation of economic activity in the agricultural sector of the economy. The professor's followers and students continue to provide scientific and legal support for the development of agriculture in Russia.


Keywords:

legislation, agriculture, agrarian law, branch of law, field of knowledge, agricultural cooperation, science, practice, creative environment of search, benevolence and exactingness

This article is automatically translated.

     The works and activities of M.I. Kozyr, Doctor of Law, Professor, Honored Scientist of the Russian Federation, remain in the history of agrarian, land, and other natural resource law and legislation for several reasons.

     Mikhail Ivanovich's initiative, energy, and organizational abilities were amazing when not everyone, but he took on a big case that was boiling in his hands. This was manifested in his creative scientific and practical searches, speeches and reports, writing numerous articles, textbooks, manuals, comments on laws, making legislative proposals, trips with scientific landings to the republics, territories and regions of the USSR and RSFSR, on foreign business trips, in connection with Italian, European and other foreign agricultural unions [2, 6].

      He was collected, sociable and demanding when leading the sector, at meetings of the academic and dissertation councils of the IGIP RAS, in educational, pedagogical, methodological work at the Military Law Academy, other legal higher educational institutions, reports and speeches at international and All-Russian scientific and practical conferences, while performing the duties of a military commandant in the cities of the Hungarian People's Republic. The Republic during the period of mass violations of law and order 1956-1957.

         "He knew only one duma power, one, but fiery passion", which for him was collective farm – agricultural –agrarian legislation, the requirements of which he appreciated, developed, promoted and taught; developed new approaches to the legal provision of food security in Russia, clarifying the subject and methods, improving the quality of normative legal acts of agrarian law, the search for the implementation of the norms of civil, administrative, land, other natural resources, as well as the entire complex environmental legislation (in its broad sense) in the legal institutions of agrarian legislation.

      Hundreds of works written by M.I. Kozyr for more than 60 years testify to the transformations of agrarian law, and the more one looks into its history, the better the present is understood and the future is projected; he wrote "Objects of collective farm property rights and their legal regime" (monograph. M. Gosyurizdat.1956); "On legality and democracy in collective farms" (Socialist legality. 1962. No. 12); "The new Approximate charter of the collective farm" (Knowledge. 1971); "Increasing the role of law in the implementation of the agrarian policy of the CPSU" (Soviet State and Law. 1977. No. 8); "Agriculture, law and management" (Planning and accounting in agricultural enterprises. 1981. No. 8); "New features of labor relations in agriculture of the USSR" (UNESCO. Paris. 1983. in French, English, Spanish); "Cooperative movement – to the level of new tasks" (Economics of agricultural and processing enterprises. 1988. No. 10); "Spells will not help the case" (Rural life. 1990. January 27).

      New times placed new accents in the works of M.I. Kozyr – he wrote "Actual legal problems of agricultural cooperatives in the conditions of agrarian reform" (Agricultural cooperation and law, M. 1993); "Legal problems of land purchase from agricultural producers when seized for state and municipal needs" (Ownership of land in agriculture M. IGiP RAS, 1996); "On the problems of transformation of ownership forms in agriculture" (State and Law. 1999. No. 3); "On state regulation of relations in agriculture in Russia during the transition to a market economy" (Agrarian and Land Law 2006. No. 10); "Federal Law "On the Development of Agriculture and its role in the implementation of the priority national project "Development of agriculture" (Economy of agricultural and processing enterprises. 2007. No. 3); "Agrarian legislation is an integral part of the system of Russian legislation" (Agrarian and land law. 2008. No. 8); "Legislation on the agro-industrial complex of the Russian Federation needs improvement" (Law and State: theory and practice. 2009. No. 5); "Legal problems of the development of the agro-industrial complex of Russia" (Journal of Russian Law. 2010. ¹ 4).  

      M.I. Kozyr stubbornly sought the restoration of agrarian law as a compulsory academic discipline in Russian legal higher educational institutions, maintaining its specific content and application in fifty agricultural universities, recognition as a scientific specialty for writing and defending candidate and doctoral dissertations in jurisprudence approved by the Higher Education and the Ministry of Education and Science of Russia, due to the continuing relevance of legal provision of food the sovereignty of the country.

      At the beginning of the XX1 century, when reviewing scientific specialties and proposals for the elimination of agrarian law among them, Mikhail Ivanovich raised, organized, "excited" scientists and teachers involved in agrarian, cooperative, land, and other natural resource legislation to defend agrarian law, which became his native brainchild and the purpose of life, reached the Ministry of Agriculture, others the highest state executive bodies, as well as the legislative authorities of the Russian Federation, received support from them.

       The "swan song" can be called the creation of the textbook "Agrarian Law", repeatedly republished with changes and additions due to the mobility of legislation and socio-economic development of the country, in the publishing house "Norm" (thanks to the general director Olga Konstantinovna Pavlova), constantly updated, updated under the leadership, on the initiative and edited by M.I. Kozyr [1].

       The researcher's frenzy manifested itself in the chapters he directly wrote about agrarian law – a specialized complex branch in the structure of Russian law, agrarian legal relations, sources, objects, subjects of agrarian law, state regulation of agriculture, improvement of the system and competence of state regulatory bodies in agriculture and agriculture in general, legal support of social and sustainable rural development, organizational-legal forms of management in agricultural commercial organizations (issues that do not go off the agenda and are awaiting their solution, modernization).

      In the last years of his work and life, Mikhail Ivanovich paid a lot of attention to the formation, organization and professional content together with Prof. Anatoly Ivanovich Bobylev of the Federal scientific legal journal "Agrarian and Land Law", included by the WAC of the Ministry of Education and Science of Russia in the List of leading peer-reviewed publications for publishing the main scientific results of dissertations for academic degrees, awarded the "Golden Press Fund" Distinction

      It can be stated that at present the ideas of M.I. Kozyr are recognized, taken into account – they are confirmed in the Russian legal and agrarian communities. Agriculture is included by the Federal Constitutional Law of March 14, 2020 on the amendment of the Constitution of the Russian Federation No. 7-FKZ in paragraph "d" of Article 72 of the Constitution of the Russian Federation, along with nature management and environmental protection on the joint management of the Russian Federation and the subjects of the Russian Federation, which ideologically, conceptually establishes the need for public consideration, the use of legislative, organizational, and other methods solutions to agricultural problems.

      When dividing the scientific specialties of jurisprudence into public and private, agriculture finds its place in both directions, which once again emphasizes the multi-vector nature, the importance of studying its legal issues, guaranteeing freedom of economic activity, recognizing and protecting equally public, private, municipal and other forms of ownership (proclaimed in Article 8 of the Constitution of the Russian Federation, which need to be specified implementation), justification of the revival of voluntary cooperation, contracting, and other ways to improve the effectiveness of legal regulation of economic and other activities in the agricultural sector of the economy.

     M.I. Kozyr's scientific qualities were formed under the influence of the head. sector, deputy. Director of the IGIP RAS Georgy Aleksandrovich Aksenenko (1910-1989) – corresponding member of the Russian Academy of Sciences, author of the monographs "The right of land use of state farms, MTS and subsidiary farms" (Moscow, 1953), "Land legal relations in the USSR" (M. 1958), ed. of the collective monograph "Criticism of modern bourgeois agrarian and legal theories" (M., 1972); a number of his works were published in English, German, Spanish, Polish, Czech. languages (see M. I. Kozyr, S.A. Bogolyubov, V.I. Ivakin "Review of the meeting "At the origins of the formation of land and agrarian-legal science in Russia (to the 100th anniversary of the birth of G.A. Aksenenko)" // Agrarian and land law. 2011. ¹ 3).     

      M.I. Kozyr was influenced by the creative academic environment surrounding him, on which his reciprocal influence was also felt. His sociability and sociability united colleagues, who at the same time created an aura of benevolence, exactingness, mutual respect, motivated criticism. This generation of fundamental science and scientists engaged in it created a recognized theoretical base of Russian science, its agricultural sector: Zoya Sergeevna Belyaeva, Irina Aleksandrovna Iconitskaya, Nikolai Ivanovich Krasnov, Maria Ilyinichna Palladina, Lyudmila Pavlovna Fomina, Georgy Vasilyevich Chubukov, Nikolai Nikiforovich Vedenin, Nikolai Alekseevich Dukhno, Valentin Husainovich Ulyukayev, Margarita Sergeevna Pashova (Moscow), Vasily Nikolaevich Demyanenko, Konstantin Grigoryevich Pandakov (Saratov), Anatoly Ivanovich Bobylev (Orenburg), Fanis Mansurovich Rayanov (Ufa), etc. – they participated in strengthening the framework, completing, strengthening legislation on agriculture [3; 5; 12 – 15].  

      M.I. Kozyr established scientific ties with IZiSP – Ivan Ferisanovich Pankratov, Ivan Fedorovich Kazmin; Yuri Georgievich Zharikov, who wrote a brochure on property rights and relations of land users half a century ago during the period of the supremacy of exclusive state ownership of land, and currently participates, despite his 97 years, in scientific activity; preserves and continues studies of agrarian legislation in IZiSP Elena Leonidovna Minina. M.I. Kozyr was supported by a powerful cohort of fellow countrymen – Y.S. Shemshuchenko, V.I. Semchik, V.Z. Yanchuk, V.L. Muntyan, N.I. Titova; Nikolai Vasilyevich Storozhev (Belarus), Vasily Nikitich Yakovlev (Moldova), Abduali Yerenovich Yerenov, Sagindyk Baysalovich Baysalov (Kazakhstan) were friends with him and developed agricultural legislation. The business started is continued by the heirs – Valentina Vladimirovna Ustyukova, Galina Leonidovna Zemlyakova, Olga Anatolyevna Samonchik, Tatiana Vladimirovna Rednikova (IGiP RAS), etc. [4; 8, 176 – 189; 10, 16,17]

     The relationship to Mikhail Ivanovich, his lifestyle, activities are characterized by the names of essays about him: he was able to work and laugh; a hero of our time; in an atmosphere of optimism; understanding, support and help; infectious energy and efficiency; fighting qualities and nobility; spiritual generosity; memory of the luminary of science; freshness and clarity of mind; loved what he taught, and those to whom he taught; diligence and patriotism of the teacher; follower of peasant law; passion for work; looking back, smiling; fatherly attitude towards students; a person open to communication; a happy person professionally engaged in his business; leaving, leaving a trace [11].  

     Touching human family qualities of Mikhail Ivanovich were manifested in warm unceasing care (on the basis of reciprocity) for his wife Galina Alexandrovna, proper upbringing of daughters who became candidates of law in the field of land, agrarian, other Russian, foreign legislation, their teaching, systematization, professionals worthy of their father: Olga – associate professor of the Faculty of Law of Moscow State University.V. Lomonosov [7, 7-16] and Oksana – Head of the Department of the Research Center of Private Law under the President of the Russian Federation, Honored Lawyer of the Russian Federation.

     Professor M.I. Kozyr is an example of a combination of knowledge of practice and the introduction of scientific initiatives into it, professional, deeply motivated responses to the demands of time, the use of forms peculiar to the theory of its impact on agricultural reality.

References
1. Agrarian law of Russia. Textbook. Hand. author. call and ed. M.I. Kozyr (Andreev Yu.N., Zemlyakova G.L., Palladina M.I., Ustyukova V.V., etc.). standard. INFRA-M. M. 2010.
2. Actual problems of legal regulation of agrarian, land relations, nature management and environmental protection in agriculture. Materials of the International Scientific and Practical Conference. Ed. by G.E. Bystrov, V.F. Ponka (Voronin B.A.Kozyr M.I., Kulinich P.F., Ushachev I.G., etc.).M. RUDN. 2010.
3. Vedenin N.N. Agrarian law. Textbook. M. 2000.
4. Voronin B.A. Formation of agrarian and legal science and actual problems of its development. Diss. Doctor of Legal Sciences. Ufa. 2000.
5. Contractual relations of agricultural producers. Edited by I.A. Iconitskaya, Z.S. Belyaeva, M. 2003.
6. Kozyr M.I. Essays on Soviet Agrarian Law (in French). Milan. 1991.
7. Kozyr O.M. Features of regulation of land transactions by land legislation // Environmental law. 2003 No. 4. pp.7-16
8. Melnikov N.N., Sklyaruk S.A. Correlation of civil and land legislation in the regulation of lease of land plots in public ownership // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2017. Vol. 12. No. 3. pp. 176-189.
9. Muratshin F.R. Theoretical foundations of the development of agrarian legislation of the subject of the Russian Federation. Ufa. 2000.
10. Scientific and legal problems of development of agrarian, land and environmental relations in the Russian Federation. Ed. B.A. Voronin (A.P. Anisimov, V.V. Vafin, V.I. Ivakin, V. V. Kruglov, M.V. Khabirov, R.A. Khannanov, etc.)., Yekaterinburg. UsUAA. 2003.
11. Our meetings with M.I. Kozyr. Collection of articles and memoirs. Comp. S.A. Bogolyubov, V.V. Ustyukova (E.S. Eliseev, G.A. Kozyr, E.L. Minina, N.A. Syrodoev, A.V. Chichkin, etc.). IGiP RAS, 2012.
12. The legal mechanism of state regulation and support of the agro-industrial complex. Edited by S.A. Bogolyubov (E.S. Boltanova, Yu.G. Zharikov, N.V. Kichigin, E.L. Minina, A.V. Petrikov, M.V. Ponomarev, etc.). M. Norm. 2009.
13. Natural resource, agrarian, environmental law: theory, practice, development trends. Materials of the International Scientific and Practical Conference. Ed. V.N. Yakovlev (Gabitov R.H., Belokrylova E.A., Balashenko S.A., Kulinich P.F., etc.). Izhevsk. 2008.
14. Rayanov F.M. The subject and system of agricultural law; Legal issues of the Food Program of the USSR. M. 1985.
15. Agricultural law. Textbook. Ed. M.I. Kozyr, V.V. Petrov. M. 1985.
16. Theoretical foundations of the formation of ecological, agrarian, land, business legislation in the subjects of the Russian Federation. Orenburg. 1997.
17. Ustyukova V.V. The legal status of peasant (farmer) and personal subsidiary farms in the conditions of agrarian reform. M. 2000.

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A REVIEW of an article on the topic "M.I. Kozyr's agrarian and legal ideas are confirmed." The subject of the study. The article proposed for review is devoted to the issues of confirmation of M.I. Kozyr's agrarian and legal ideas. The author has chosen a special subject of research: the proposed issues are investigated from the point of view of land, agrarian, natural resource law and legislation, while the author noted that "Mikhail Ivanovich's initiative, energy, organizational abilities were amazing when not everyone, but he took on a big case that was boiling in his hands. This was manifested in his creative scientific and practical searches, speeches and reports, writing numerous articles, textbooks, textbooks, comments on laws, making legislative proposals...". Numerous publications by M.I. Kozyr, his associates and students related to the purpose of the study are being studied. A large volume of scientific literature on the stated issues is also studied and summarized, analysis and discussion with these opposing authors are present. At the same time, the author notes: "He was collected, sociable and demanding when leading the sector, at meetings of the academic and dissertation councils of the IGiP RAS, in educational, pedagogical, methodological work at the Military Law Academy ...". Research methodology. The purpose of the study is determined by the title and content of the work: "The frenzy of the researcher manifested itself in the chapters directly written by him on agrarian law – a specialized complex branch in the structure of Russian law, agrarian legal relations, sources, objects, subjects of agrarian law, state regulation of agriculture, improvement of the system and competence of state regulatory bodies in agriculture and agriculture as a whole". They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to summarize the works and scientific and practical activities of M.I. Kozyr, the approaches of various authors to the proposed topic and influenced the author's conclusions. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "It can be stated that at present the ideas of M.I. Kozyr are recognized, taken into account – they are confirmed in the Russian legal and agrarian communities." And in fact, an analysis of the opponents' work should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is this: "Professor M.I. Kozyr is an example of combining knowledge of practice and the introduction of scientific initiatives into it, professional, deeply motivated responses to the demands of time, the use of forms peculiar to theory of its impact on agricultural reality." As can be seen, these and other "theoretical" conclusions can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Agriculture", as it is devoted to the issues of confirming the agrarian and legal ideas of M.I. Kozyr. The article contains an analyst on the scientific works of M.I. Kozyr and his friends, opponents, so the author notes that a question close to this topic has already been raised and the author uses some of their materials. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature presented and used should be highly appreciated. The presence of additional scientific literature shows the validity of the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author has analyzed the current state of the problem under study. The author describes the different points of view of M.I. Kozyr and his friends-opponents on the problem, argues for the correct position based on the work of opponents. Conclusions, the interest of the readership. The conclusions are logical and specific. The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing".