RECREATION AND LAW: RESEARCH OF TERMS AND CO-RELATIONS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article presents main terms and notions in the sphere of recreation. The place of recreation in the system of different social sciences is examined, in particular author determines subject of study of recreational geography, recreational economy, recreational ecology, and science of recreology. Special mention is given to understanding of concept «recreation» in the context of legal science. The author analyses legislation in the matter of recreation, in particular Land Code and the Law of environmental protection. Among other things, views of different scientists dedicated to the issue of the place of recreation relationships in the system of law are explored. On account of which, author draws conclusion that in legal system of Ukraine formed two main notions: «recreation law» and «law of using of recreational resources». The «recreation law» is suggested to define as body of rules that regulate recreational activity by using recreational resources, particularly but not exceptionally. Provided that, recreational resources in such case are only those resources, which recognized in due legal form. On this point of view, recreation law should be construed as subdiscipline of ecological and commercial law. In contrast to this view, the law of using of recreational resources should be managed as body of rules that regulate relationships of using recreational resources based on the common law and on special rights. In that respect, the law of using of recreational resources is considered as multiple interbranch institute of ecological law.
Authors and Affiliations
О. С. Семенець
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