The Right Of Ownership Of The Ukrainian People And The Right Of State Ownership Of Natural Objects And Their Resources

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Authors

  • V.A. Martyniuk

DOI:

https://doi.org/10.15330/apiclu.49.164-174

Keywords:

natural objects; natural resources; ownership; ownership of the Ukrainian people; state property right

Abstract

The article presents the analysis of the ownership of natural objects and their resources through understanding and correlation of the property rights of the Ukrainian people and the state property rights.

Different scientific approaches to understanding the property rights of the Ukrainian people are analyzed. Emphasizes on the public aspect of the legal regime of property of the Ukrainian people. It is substantiated that the recognition by the legislator of natural objects and natural resources as objects of property of the Ukrainian people confirms and points to the special importance of such objects for the life of the whole society. At the same time, the property of the Ukrainian people was not declared as exclusive. Natural objects and their resources may be public, communal and private property. In our opinion, the thesis about the equivalence of the property rights of the Ukrainian people and the state property rights, which is grounded in separate scientific researches, is not correct. The property rights of the Ukrainian people and the right of state ownership differ in their nature and mechanisms of legislative regulation. The state, as a subject of state ownership of natural objects and their resources, is on an equal footing with other entities. In the article, on the basis of legislative prescriptions, the subjects of exercising the property rights of the Ukrainian people and state property rights are identified. The differences in the system of such entities are indicated.

 

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Published

2019-04-03