Permits And Contracts In The System Of Legal Regulation Of The Use Of Natural Resources: The Current State, Prospects Of The Combination

Authors

  • N.R. Kobetska

Keywords:

legal regime of the use of natural resources; legal means; permissive system of the use of natural resources; natural resources permits; contracts of the use of natural resources.

Abstract

Current ecological law of Ukraine is a complex system of regulation of special nature use relations, which combines different, controversial methods and types of legal regulation from administrative to civil law. The main legal means of regulation at the stage of acquiring the right of the use of natural resources and its implementation procedure are known as permissive documents and various contractual structures.

Permits are the means of direct administrative influence on the subject of the appropriate relations, which obliges this subject to act respectively. Contracts of the use of natural resources anticipate the detailed regulation of the use of natural resources, targeted at the manufacturing, economic, consumer and environmental interests of the users, specify the individual conditions for the use of natural objects, establish a detailed order of exploitation, development of natural components of the permits he environment.

The current state of legal regulation of issuance and the conclusion of the contracts on the use of natural resources requires the significant improvement. The article substantiates the peculiarities of the boundaries of the permits regulation and the options for its extension to certain objects and activities. The administrative and legal procedure for granting permissions should be based on the corresponded relations, the general features of the permissive system and administrative permissive procedures. On the other hand, it is proposed to expand the contractual regulation of relations of the use of natural resources and to determine the possible types of relations of use of natural resources, where contractual structures are expedient to use.

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Published

2020-01-19