Karakash I. Theoretical problems of the ownership of natural objects and their resources in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U000827

Applicant for

Specialization

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

05-10-2018

Specialized Academic Board

Д 41.086.04

Essay

The thesis is devoted to the complex research of methodological basis and theoretical provisions of legal regulation in the sphere of property ownership relations to natural objects and their resources in Ukraine. It reveals doctrinal concepts of the interaction of human and society with the environment in the aspect of property relations. As the result the author made theoretical generalizations and propositions of legislative consolidation of the natural wealth property relations. Attention is devoted to problematic issues of the ownership of natural objects and their resources in the integrated and differentiated aspects, in the exclusive and divided forms. The research also contains other issues that haven’t been analyzed before in author's question statement in Ukrainian legal literature. The author assesses the constitutional attachment of ownership relations to natural objects and sectoral legal regulation of this question with special natural resources legislation. A specific socio-philosophical interest is the concept of ownership in the doctrine of «democratic socialism», according to which a fair social distribution of property can be arrived at on the basis of its evolutionary development through the implementation of reorganization and reform of property relations. On the basis of the doctrine of «democratic socialism», many formal legal concepts of property law have been developed, including theories of «changed property rights», «extending the powers of social property management», «free entrepreneurial initiative», recognized in domestic humanitarian studies that have been subjected critical analysis in the dissertations. The study found the ratio of the protection and preservation of ownership of natural resources. There is also defined the content of the civil, administrative and criminal methods of protection and preservation of the ownership of natural objects, their application in judicial and notarial procedures and in self-defense. It is separately emphasized that the protection and preservation of property ownership relations to natural wealth are the main functions of the state and constitute the most important task of the modern legal system of Ukraine.

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