Martyniuk V. Natural objects and natural resources as objects of civil rights.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100487

Applicant for

Specialization

  • 081 - Право. Право

26-11-2020

Specialized Academic Board

ДФ 20.051.002

Vasyl Stefanyk Precarpathian National University, State Higher Educational Institution

Essay

The dissertation presents a comprehensive study of the theoretical and practical foundations of the legal regime of natural objects and natural resources as objects of civil rights, formulates proposals for improving the legislation of Ukraine in terms of the legal regulation of property and obligation relations, the objects of which are natural objects and natural resources.Analysis of the categories “natural object” and “natural resource” provides the basis for substantiating the validity of using the concepts of “natural objects and natural resources” as the single object of civil rights. Natural resources, denoting the useful consumer characteristics of certain parts of the environment, do not exist outside the environment and its components — waters, lands, forests, subsoil. Natural objects constitute the spatial basis for natural resources and are inextricably linked to them.Based on the analysis of doctrinal legal literature, it is noted that environmental and civil law have different objects, since unlike environmental law, civil law is applicable only to isolated natural objects, limited and clearly defined in space. Discretion is a distinctive characteristic of land plots, water bodies (lakes, ponds), forest plots, wildlife objects, aquatic bioresources. They fall under the legal regime of objects of civil law.“Natural objects and natural resources as objects of civil rights” are defined by the author as functionally and spatially delimited, individually designated, isolated, legally identified parts or components of the environment capable of meeting the needs of participants in legal relations who have civil rights and obligations. Their features are: the ability to meet the needs of subjects of civil law — tangible and intangible; discreteness, determined by physical (location, size, boundaries) and legal (cadastral register) features; systematicity, namely: integration of the legal regime of objects of rights into the system of the basic categories of law, and, secondly, a systemic relationship with other objects; “legal binding” — a normatively guaranteed opportunity of their legal linkage to subjects of civil law.It is established that natural objects and natural resources from the perspective of the civil law category “object of civil rights” belong to things. In the context of the division of things into immovable and movable, most natural objects and natural resources belong to real estate. It is concluded that natural objects located on the land plot cannot be considered as separate immovable things and independent objects of civil rights; their separate civil turnover is impossible.

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