Makarenko A. Legal regime of land granted for use of mineral resources

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U004438

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

01-07-2011

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations, arising up in connection with realization of right on land granted for use of mineral resources. Research purpose: ground of new scientific positions and conclusions in relation to the legal mode of the use and guard of land, given for the use of bowels of the land, and preparation of the proper suggestions on perfection of the proper legislation. Research methods: dialectical, historical, dogmatic analysis, legalistically-logical, statistical, generalizations, abstracting, comparative analysis, system-structural. Theoretical and practical value: theoretical positions are filled by certain blanks in science of the landed right in relation to the legal mode of land granted for use of mineral resources, possibilities of their use in a research sphere for subsequent researches of issues of the day of the legal adjusting of the use and guard of land granted for use of mineral resources of the land in Ukraine; in a normotvorcheskom process at making alteration in the Landed code of Ukraine, Code of Ukraine about the bowels of the land and other legislative and podzakonnykh normatively-legal acts of Ukraine, relations in the field of prirodopol'zovaniya intended for adjusting. Utillized as methodical konsul'tativnykh recommendations of "Khristoforovskiy factory of heat-resistant blocks and concretes Ltd." and Private Firm "Promoblik", and also at exposition of educational discipline and special courses by the Krivorozhskim educational center of the National university the "Odessa legal academy". Scientific novelty: it summarizes the legal criteria for legal separation from the "mineral resources" and "land use". The issues of mineral resources as the aim of obtaining land have been analised. A specific periods of development of legislation in this area is proposed. Investigated and clarified the legal title of land for mineral resources. Properties of the earth as an object for subsoil use are completed. Considered and clarified the issues of origin and termination of rights to land for mining. Group completed measures of legal protection of land from the negative processes associated with the use of subsoil. The issues of legal liability for violation of land use and protection provided for the use of mineral resources have been analised. Sphere of the use: subjects of initiation of bill; subjects of the landed relations; higher educational establishments.

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