CIVIL AND ADMINISTRATIVE GROUNDS FOR USE OF NATURAL OBJECTS

The article deals with civil (contractual) and administrative (permissive) grounds for granting the right to use natural resources. Currently, both methods are used in natural resource legislation in different proportions depending on various factors. Historically, legislation has evolved from administrative to civil law regulation, so that in recent years the role of civil principles in natural resource legislation has begun to play an increasing role. The greatest interest is the provision of the state or municipal natural resources. Depending on the type of natural resource and the grounds for granting the right to use natural objects are divided into three groups: 1) provided primarily on a license basis; 2) provided on the basis of a permit and/or contract; 3) the right to use of which primarily arises on the basis of the contract. The first group includes subsurface areas provided exclusively on the basis of a subsoil use license, even in the case of contracts (production sharing agreement), the license is a prerequisite. The second group included water bodies and wildlife; it is possible either alternative provision based on contract or administrative authorization (water bodies), or on the basis of both the agreements and administrative permissions (wildlife, aquatic biological resources). Land plots and forest plots are classified in the third group as provided primarily on the basis of a contract; most often, this is a lease agreement. Despite the fact that civil legislation applies to such contracts along with natural resources law, the rules on the provision of natural resources that are in public ownership contain mandatory requirements.

natural resources, natural objects, nature management, nature management law, civil law agreement, license, permit, water use agreement, land lease agreement, forest plot lease agreement, subsoil use license.

Gumarova R. R. Civil and administrative grounds for use of natural objects. Business. Education. Law, 2021, no. 1, pp. 265—269. DOI: 10.25683/VOLBI.2021.54.140.