NATURAL MEDICAL RESOURCES AS AN OBJECT OF STATE PROPERTY RIGHTS

The article analyzes the norms of the Federal Law «On Natural Medical Resources, Therapeutic and Recreational Areas and Resorts» in the field of establishing ownership of natural curative resources, in particular, the inclusion of a medical climate, conditions used for the treatment and prevention of diseases and recreation, in the list of objects of property rights. Having considered the provisions of the Federal Law «On Natural Health Resources, Health Resorts and Resorts » in the field of ownership of natural medicinal resources in conjunction with the norms of other acts of natural resource legislation, it can be concluded that the state ownership of natural medical resources remains a simple declaration, which has no legal basis. Natural curative resources, in the sense that is stated by the law on natural curative resources («therapeutic climate» and «conditions used for the treatment and prevention of diseases and recreation»), cannot be property objects due to their physical properties: they are not are property, do not lend themselves to individualization. It is possible to establish the right of state ownership of land plots that contain these natural medicinal resources. Modern legislation, establishing state property for natural health resources, allows the transfer of land, containing them, to other forms of ownership, in particular, to municipal property. The provisions of the legislation in the field of state ownership of natural health resources are thus very contradictory and need improvement and legal certainty.

natural healing resources, resort, natural resources, land plot, medical climate, property rights, state property, municipal property, public property, turnover of land.

Gumarova R. R. Natural medical resources as an object of state property rights // Business. Education. Law. 2018. No. 3 (44). P. 287–292. DOI: 10.25683/VOLBI.2018.44.329.