Cherkashyna M. Legal guarantees of environment - use right.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U003523

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

27-06-2008

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation deals with carrying out an allround analysis of the objective right through the procedures of entering legal action, legal procedures and techniques aimed at the possibility of appearance, realization, cessation, protection and defense of the subjective right of land resources use based on the complex scientific approach to the research of environment use and its legal guarantees. It enabled us to determine blank spaces in legislation, to prove and define certain scientificallygrounded proposals to improve legal normative regulation of the provision of the subjective right to environment use and its protection. Based on the notion of environment use right under research, the analysis of the terminological essence of a popular category "legal guarantees", positions and scientists' corresponding quotations, the notion of legal environment use has been formulated and their classification proposed for the first time. The natural resources use based on general and special use law has beenresearched. The existence of some legal varieties of general environment use law are determined. The thesis of natural resources servitut being one of the guarantees providing environment use right realization has been grounded for the first time. The possibility of public servitut law introduction which would guarantee the realization of general environment use right is considered; some peculiarities of legal guarantees of certain kinds of natural resources use at the stage of its appearance, realizetion, cessation, as well as its protection have been researched.

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