Natural Resources Management Contract As A Form Of The Coordination Of Public And Private Interests

  • H.V. Moroz
Keywords: environmental law contract, contracts in the field of natural resources, interests of subjects of natural resources management, contract as a form of the coordination of public and private interests, prospects for the development of environmental law relations.


The article is aimed at studying certain aspects of the use of natural resources on a contractual basis. The contract is defined as one of the most effective social regulators, which makes it possible to make the most efficient use of the resources available to society, to achieve the desired goal and, importantly, to combine and reconcile the interests of the parties. This, in turn, allows to ensure such organization, order and stability of relations that cannot be achieved through the strictest administrative and legal means. In the meantime, it is additionally substantiated that contracts in environmental law should fit with the general principles and sectoral guidelines and generally correspond with the mechanism of the legal regulation of environmental and natural resource relations.

In the course of separating the administrative contract from civil law contracts on the use of natural resources, the approach to the unity and differentiation of civil law influence in the field of natural resources management is supported. Unity is expressed in the object of legal influence on public relations that constitute the sphere of natural resources management (natural objects), civil law means of influence (easements, contracts, obligation), subjects of natural resources management (citizens, legal entities and public law entities). Differentiation is the goals, incentives and restrictions on the use of civil law.

Prospects for the development of environmental contractual relations that along with public law influence on ensuring the rational use of natural resources, environmental protection and environmental safety, play an important role in the further formation and development of relations “society - the environment” are outlined. The article substantiates that in the context of applying the contractual principles of the use of natural resources (their properties), it is fundamentally important to preserve the boundaries and nature of the nature protection function. It is proved that the situational advantage of administrative or civil instruments in regulating the use of natural resources is not acceptable, that is why there is a necessity to review areas that fall solely under the influence of imperative levers and identify those that may be based on other legal mechanisms.