THE FEATURES OF NATURAL OBJECTS AND NATURAL RESOURCES AS OBJECTS OF CIVIL RIGHTS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article is devoted to the analysis of the features and place of natural objects and natural resources in the system of civil rights. The possibility of distribution of the civillegal regime of things to natural objects and natural resources is substantiated. The general features of objects of civil rights and their manifestation concerning natural objects and natural resources are determined. The author makes a distinction between the categories “natural object” and “natural resource”; defines the legal characteristics of natural objects, according to which they should be considered as ecological or civil law objects; investigates adjacent categories such as “forest”, “forest fund”, “forest area”, etc. and justifies which of them can be attributed to the system of objects of civil rights. The conclusions are based on the analysis of scientific researches conducted by the representatives of the science of civil, ecological, natural resources, and economic law; systematic interpretation of the law. The article describes the characteristics of natural objects and natural resources as objects of civil rights. 1. The ability to meet the needs of subjects of civil legal relations – material and intangible. The special significance and value of natural objects, their vital security value is one of the special features of natural objects as objects of civil rights. 2. The possibility (actual and legal) to be accessible to the person, to possess them, to use their properties. Such an opportunity is both publicly available and accessible on the basis of legal titles (property, use, etc.). 3. Inseparable, objectively existing interconnection between them, which determines the need for comprehensive regulation. 4. Discreteness, that is their qualitative, as well as physical and / or accounting certainty and isolation. Not all natural objects are characterized by such a feature, and accordingly, not all of them are objects of civil rights. 5. Legal binding. Natural objects and natural resources as objects of civil rights are subject to legal recognition and subordination to the civil law regime.
Authors and Affiliations
Віктор Анатолійович Мартинюк
Keywords
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