What law of nature

The subjects of the rights of nature, and their legal status

The right of nature in the Republic of Kazakhstan

Lecture 4.

Topic: Law of Nature.

The Plan:

Keywords: law of nature, the subjects of the rights of nature, objects of natural resources.

1. The right of nature in the Republic of Kazakhstan

The concept of law of nature. His views. "Communication between man and nature, it is a constant need for its existence, and there in the most general sense of nature. At the heart of the life and existence of man and society is the use of nature. Therefore, historically and in fact of nature is the foundation of social life, a basic attitude in relations society and nature. "

The right of nature is divided into the following types:

- The right of land use;

- The right of subsoil use;

- The right to water;

- The right to use the air;

- The right of forest use;

- Right to use the foliage outside the forest;

- The right to use wildlife.

In the legal literature on the use of atmospheric air is said less and less, than on the use of other natural resources. So, basically, they say on air protection, rather than on the regulation of its use. However it is also silent on the regulation of air consumption for industrial needs: consumption may be limited, suspended or banned when it leads to changes in the atmospheric air, have harmful effects on human health, flora and fauna.

The main one is the legal classification of the types of nature for its intended purpose. Types of wildlife for the intended purpose are defined natural resources legislation specific to natural resource and satisfy their social needs.

The Land Code of RK determines target-fixing categories of land in the territory of the Republic of Kazakhstan and accordingly selects the following:

- Agricultural land;

- Land settlements;

- Land for industry, transport, communications, broadcasting, television, Informatics and Space Security, defense and other purposes;

- Land conservation, natural reserve, and improving, recreational, historical and cultural purposes;

- Forest lands, lands of water fund and reserve lands.

Furthermore, the land can have an internal structure detailing their purpose. Thus, in the land of cities, workers, resort, holiday villages and rural settlements include:

- Urban land, village and rural development;

- Land for public use;

- Agricultural land use and other lands;

- Land conservation, recreation, recreational, historical and cultural purposes;

- Land occupied by forests, and in the cities - urban forests;

- Land for industry, transport, telecommunications, radio and television, computer and space security, energy, defense and other purposes.

Water Code of the Republic of Kazakhstan states that water bodies can be used for the following purposes:

- Drinking and potable water supply;

- Health;

- Industry and Energy;

- Agriculture;

- Forestry;

- Hydropower;

- Recreation, transport, construction;

- Fire safety;

- Fisheries, hunting;

- Rafting, mining of peat and propel for other purposes.

According to the Forest Code of the Republic of Kazakhstan in the forests, can realization following types of forest use:

- Timber harvesting;

- Preparation of gum;

- Procurement of secondary forest resources (stumps, bark, birch, fir, pine, fir paws, Christmas trees and others.);

- Side management (mowing, grazing, placing beehives and apiaries, harvesting tree sap, harvesting and gathering wild fruits, berries, nuts, mushrooms, medicinal plants, raw materials, gathering moss);

- Use of forest areas for hunting;

- Use of forest areas for research purposes); dams and other water and water control structures (including temporary structures septum);

h) the hydraulic power;

and) water management facilities and waste heat power plants, intended for water supply, waste water discharge, as well as for cooling water;

a) Irrigation, watering, irrigation and watering and drainage systems;

l) And the navigation passes forest structures ensuring the passage of vessels and rafts through water retaining structures;

m) Other technical devices, affecting the condition of waters.

Right special nature arises on the basis of permits, licenses, contracts, drawn up in the framework defined in the legislation procedures (land allocation,

Mining lease, issuing the logging or forest ticket, the license for waste disposal.

Principles of law of nature

Right wildlife characterize specific principles. These are:

- Derivatives of the right to use their own resources from their property right;

- Environmental management;

- An ecosystem approach to environmental management;

- Targeted use of natural resources;

- Stability of the right of use of natural resources;

- Payment for the special wildlife.

2. The subjects of the rights of nature, and their legal status

Subject of law of nature can be considered in two aspects:

a) as a possible owner of the law such legal using;

b) as the holder of a subjective right to use natural resources, the support of the statutory rights and duties which are the subjects of legal use of the land, its subsoil, waters and forests, fauna objects and ambient air.

Now consider what the difference between the holders of the rights of nature, depending on its species - common and special.

As the subject of law of general acts of nature every man in the country because it has legitimate opportunities arising from the use of water, forests and land.

Thus it is necessary to bear in mind the following facts. Within the general law of nature man can use natural resources for its own needs, but not for business purposes. It is expressly provided for water and forest legislation. For entrepreneurship citizen-water user may use water bodies only after obtaining a license for water use, ie. E. Becomes the subject of a special law of nature.

Special subjects of law of nature are legal entities and citizens of entrepreneurs. Legal persons while acting in two capacities: as a state or municipal authorities with legal powers to dispose of the natural resources within the state and municipal property, and as legal entities who have received the appropriate use of natural resources.

3. What law of nature

The object of the right of nature is nature. The concept of nature - generalized.

Nature acts generalized rights object of nature.

The law of nature objects right in most cases specified in relation to land, water, subsoil use.

From the above it is clear that the object of the right of nature are, as a rule, natural resources. At the same time as the object of nature can act and natural objects (eg, a water facility for sewage, bathing).

Details Terms of nature has specificity with regard to the species of wildlife. So, if the object of a special law of nature are individually specific parts (sections) of land, water and forest resources, subsoil fund or natural objects, such as objects of the animal world, in relation to the general law of nature isolation respective areas of nature (land shared settlements forests, water bodies) is not provided by law.

The content of the rights of nature

Accordingly, the fact that the law of nature can be assessed in three capacities - as a legal institution, as a relationship and as a nature specific authority having the rights of nature, must be assessed in relation to each of them.

The content of the legal relationship of nature determined by a combination of rights and duties of subjects relevant relationship.

The content of the subjective right of nature is relevant rights (competence), the subject of law. An important element of the law of nature is the ownership of land, mineral resources, water, forests, wildlife objects. Possession is a necessary prerequisite to use. In characterizing the content of the rights of nature must be borne in mind that, depending on the purpose of wildlife management entities of different types of rights to use the same natural resources have various entitlements of use (eg, agricultural and non-agricultural land use, the use of subsoil for mining and geological exploration and so on. D.).

Users of natural resources in accordance with the law can and should implement on-farm equipment provided for use of natural resources for its rational use and protection, internal accounting of the condition and use of this resource, providing parts to secondary use, control the use of secondary users of the resource.

Rights and obligations of natural resources are differentiated depending on the nature of the object and purposes of nature and are defined as in the legislation and in the license (contract) on the use of natural resources in relation to the special nature.

Дата добавления: 2014-12-16