The legal nature of the lease of natural resources

Бесплатный доступ

The problem of the essence of the lease of natural resources, due to the combination of general and special rules in the legal regulation of its regime, is considered. The effect of special requirements of natural resources legislation allows us to consider the legal relations of the lease of natural resources as a specific sphere that is not fully subordinate to the general provisions of civil law. Since natural resource legislation ensures, first of all, the rational use of natural resources, it would be more correct to consider their lease as a legal relationship governed by the general provisions of civil law on lease. Specificity is manifested only in the use of natural resources that are part of a complex natural object, which implies restrictions on the mode of use, ensuring the invariance of the properties of the natural object as a whole. It is concluded that it is necessary to distinguish between the regime of ownership in relation to a natural object and the regime of use for specific natural resources.

Еще

Natural resources, natural object, lease, environment, use of natural resources

Короткий адрес: https://sciup.org/170197960

IDR: 170197960   |   DOI: 10.24412/2500-1000-2023-3-3-108-111

Статья научная