CONCESSION OF NATURAL RESOURCES: LEGISLATIVE AND SCIENTIFIC PRINCIPALS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the clarification of the theoretical foundations of the legal essence of concessional nature management as an independent form of natural resources usage. The research has been carried out on prospects for introducing the concessional form of nature management, some proposals have been substantiated for further development of legislation in this direction. The issue of concessional use of natural resources in the modern period is becoming increasingly relevant. Therefore, a number of issues need further research and substantiation, particular those regarding extension of the current legally defined object of concession relations, which should include not only activities (works, services), but also such a worldwide known concession target as natural resources. The author supports the proposal for the adoption of the Law of Ukraine "On Concessions of Nature Use". It has been proved that the balance and coherence of interests between the investor and the country is possible in the context of the formation of an effective concession policy on a mutually beneficial basis. Today’s discussion is about the implementation of the forestry resources concession, since the industry needs reforming (simplification of the business administration system, access to preferential loans, reduction of tax burden, etc.). Such measures will allow at least minimum positive changes and will further open up new opportunities for attracting investment (including those on the basis of concessions). Under conditions of the probable introduction of a forestry concession (as well as other objects of nature), one should take into account the constitutional provision on the attachment of objects of nature to the objects of property of the Ukrainian people. Further development of the forest industry should be balanced and based on public opinion. Legislative implementation of scientifically grounded ideas about the use of natural resources on the basis of concession can be realized solely in compliance with the principle of environmentally aware national legislation and the principle of sustainable development.
Authors and Affiliations
Г. В. Мороз
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