Concept, content and form of ownership of natural resources

Protection of property rights to natural resources

Grounds for the termination of the rights and ownership of natural resources

The right of state ownership of natural resources

Objects of the ownership of natural resources

Concept, content and form of ownership of natural resources

Lecture 3.

Subject: Ownership of the objects of nature.

The Plan:

Keywords: objects of property rights, forms of property rights, ownership of natural resources, natural resources.

In the legal literature on property traditionally states that ownership of natural resources as a scientific concept is used in the economic and legal aspects. In assessing the ownership of natural resources, it is important to keep in mind is that the natural resources, in contrast, for example, from such things as a company, road, meet as the property of the various human needs - environmental, eco-political, recreational, aesthetic, cultural and other, t. e. have different use values​​. Together, the relevant characteristics of the natural resources and objects form a favorable environment. Accordingly, the natural resources as objects of property are not only economic, but also ecological, recreational, aesthetic, cultural, historical and other value.

Ecological property relations of production determine the ratio of participants to items of production (tools, facilities, products, production). As a result of consolidation of ecological relations in the law there is a right of property as a legal category.

Ownership of natural resources in the legal aspect can be considered in two capacities: as a legal institution and as a set of proprietary rights. Relations of ownership of natural resources form the subject of a number of branches in the system of law - constitutional, civil, environmental law, including land, mountain, water, forest, faunal right. Therefore, we can talk about it as a complex legal institution.

The set of legal rules governing the relations of property ownership form in the objective sense.

Basics of private property rights - any legally acquired property defined by the Constitution of the Republic of Kazakhstan (v. 26). Features of granting land to private ownership and land use rights are governed by the Land Code of the Republic of Kazakhstan. Relationship ownership of natural resources form the subject of environmental law.

Under the ownership of natural resources subjectively understood as a set proprietary rights of possession, use and disposal of land, water, forests and other objects of property.

Subjective right of ownership of natural resources determines the nature and content of the legal property relations. It secures to its possessor economic power over the conditions of production (its assumptions and results), a leading owner based on the use of his property.

The corresponding rule is enshrined by the Presidential Decree and the Decree of the Government of the Republic of Kazakhstan: the possession, use and disposal of land and other natural resources shall be exercised by the owners freely. But this rule, like the right to property is not absolute. The right to property is limited to socially important interests. Quantitative and qualitative characteristics in their dynamics are reflected in the industry (natural resource) and complex (territorial) inventories. As a rule, in the process of nature by man consumed individually satisfy his needs natural resource properties. It is important that this not be violated, not detract from, t. E. Preserved, other consumer properties of one or other natural resources and to the disposition of the property, determining the fate of a natural resource, in terms of its cadastral valuation corresponding to the conditions of nature is clearly reflected in the licenses and treaties enshrining the right to use them.

Compliance with these requirements, dictated by the social nature of natural resources is also a restriction of freedom of ownership of natural resources, regardless of its form. As to the form of ownership of natural resources, it is provided for in the legislation. EA Sukhanov thinks that "in fact there is only one legal right of ownership, which may be different entities, individuals or legal entities, the state.

In implementing this approach, the property is divided into private and public. Currently forms of property rights to natural resources are determined by the Constitution of the Republic of Kazakhstan, which until this is not specified. But the principle of equal, equal responsibilities for natural resource management and environmental protection for all types of owners.

2. Objects of the ownership of natural resources

Question about the objects of property rights to natural resources can be considered in two aspects:

- What kind of natural resources in accordance with the legislation is subject to the rights of property;

- What natural resources are subject to private, state, municipal and other forms of property.

Besides land, natural resources are minerals, water, forests, air, flora outside the forest.

In natural resources legislation ownership established on land, mineral resources, wildlife, water bodies, forests. The objects of property rights are also protected areas. Given the lack of development of legislation on the protection and use of flora outside forests (as well as specially protected areas) is not solved directly the question of title issued by a natural object. However, based on the fact that the plant world is organically connected with the ground, there is reason to treat it as an object of property rights. As the owner of the plant world in this case is the owner of the land. With the adoption of a special law flora outside the forest will be, obviously, independent object ownership.

The current legislation adequately defines the subjects of property rights to natural resources:

a) expanded the list of subjects through the introduction of various forms of property - private, state, municipal and other;

b) provides for the structuring of state property through the levels - Republican and subjects RK.

Thus, the ownership of the natural resources are the natural and legal persons, Kazakhstan, the Republic of entities and municipalities. It seems that this exhaustive list of subjects. With regard to the subject of public ownership of natural resources important question of who on behalf of the State exercises the powers of the owner? Given the fact that the owner has the triad of powers (possession, use and disposal), what is the content of the concept of management?

Obviously, running in this case refers to the management of natural resources. Nature and resources law (land, water, mining and others.) Often gives empowered to order the relevant natural resources specially authorized state bodies (in terms of management and conservation of land, water, minerals, and so on. D.). Thus, on behalf of the state ownership rights to natural resources represented by the Government of Kazakhstan and the specially authorized state bodies.

In addition to the state, three new species of the subject of ownership of natural resources - physical and legal entities, municipalities.

The right of private ownership of natural resources

As noted earlier, as a result of the land reform, constitutional consolidation of private land ownership, adoption of the Land Code of the Republic of Kazakhstan have been major changes in the reform of agriculture of the Republic, resulted in the appearance of new subjects of land relations in the countryside.

Subjects of the right of private ownership of agricultural lands have become citizens of that land is provided for personal underwater farming, gardening and dacha construction. Subjects of the right of land use on agricultural lands are the peasant (farmer) economy, agricultural cooperatives, partnerships. At the same time the land as an operating basis is provided in a private property for business development in other areas - for the creation of productive and social infrastructure.

3. The right of state ownership of natural resources

State ownership of natural resources is the dominant structure in the fixed laws of form of ownership, that approach seems to be justified on any grounds topic. The right of state ownership is set to land, water, minerals, forests, wildlife objects and other objects. This raises the important question - on the delimitation of state property rights to natural resources between the subjects of the country and its subjects.

4. Grounds for the termination of the rights and ownership of natural resources

Grounds for the termination of the rights and ownership of natural resources are determined by law and are largely dependent on the form of ownership. The Civil Code of the Republic of Kazakhstan, which establishes common ground acquisition of property rights, provided that the ownership of the property, which has the owner (which is related to natural resources) may be acquired by another person under a contract of sale, exchange, gift or other transaction on the alienation of the property.

The right of private ownership of natural resources may be based on the transfer in accordance with the applicable legislation in the natural resources in the state or municipal property to private persons.

Natural resources are in private ownership, can be turned into public ownership in the following cases:

- Foreclosure on liabilities;

- Exemption for public use through the purchase;

- Withdrawal of the object used in violation of the requirements of the law;

- Transfer of the inheritance to the state;

- Requisition (taken from the owner in the event of natural disasters, accidents, epidemics, epizootics and other cases of extraordinary nature of the property in the public interest by the decision of the state bodies in the manner and under the conditions established by law, with the payment of the value of the property);

-conflict (uncompensated seizure of property by court order from the owner in the form of penalties for the commission of a crime or other offense. In the cases provided by law, forfeiture may be made by administrative order);

- Nationalization (call the property of citizens, legal persons in public ownership).

5. Protection of property rights to natural resources

Ways to protect property rights to natural resources are determined by law. So art. 6 RK Constitution says that "in Kazakhstan is recognized and equally a duty to protect public and private property. The property requires, its use must simultaneously serve the public good. The subjects and objects of ownership, scope and limits of the owners of their rights, guarantees of their protection by law. land and underground resources, waters, flora and fauna, and other natural resources are owned by the state. The land may also be privately owned on terms, conditions and within the limits established by law. "

A variety of civil rights are property rights to natural resources. The protection of such rights shall be effected by:

- Recognition of rights;

- Restore the situation that existed prior to the violation of law, and the suppression of acts that infringe or threatening to infringe;

- Recognition of the contested transaction void and the application of the consequences of its invalidity;

- Annulment of the act of a state body or local authority;

- Self-help;

- The award of the duties in kind;

- Compensation for losses;

- Recovery of damages;

-compensation moral damage;

- Termination or legal changes;

- Non-use of court act of a state body or local self-government, contrary to the law;

- Other remedies provided by law

Дата добавления: 2014-12-16