Types Of Rights On Swamps In Ukraine

  • O.S. Zhydan
Keywords: swamp, swamp types of rights, ownership of marshes, swamps right to use, natural resources easements.

Abstract

In the article is analyzed the classification of rights on swamp in Ukraine according to the chosen criterion separation. Characterized types of rights swamp in 216 Ukraine, which are enshrined in the legislation of Ukraine, namely ownership of the swamps, marshes and the right to use natural resources easements.

The concept and system of proprietary and obligation rights is the subject of detailed studies of representatives of civil law. In particular, property rights are one of the basic institutions of civil law. The definition of concept and the system of rights on the land in detail is analyzed in the legal research sources. Extension of the Institute of Property Rights on natural resources led to the emergence of new research content and particular the right of natural resources. However, available studies do not take into account the peculiarities inherent in rights, on the basis of which can be used the applying of wetlands in Ukraine. As a result, the mechanism of regulation of property relations and the use of wetlands in Ukraine is inherent gaps, flaws, there is no clearly established system of rights to the swamp. Thus, taking into account the provisions justified by the science of the general theory of law and state, civil rights, land rights and environmental law raises the need to determine the types of rights in the swamp. As the swamp is an entire of natural-territorial complexes, the property rights on the swamp should be seen as the right of the land with interconnected natural ingredients - water, peat and its inherent flora and fauna. Swamp may be the subject of real rights, but only if taking into account its specificity and regulation of special natural resource law rules because it is necessary to maintain caution and prudence in the propagation of the legal regime of wetlands, land and legal instruments. In addition, the legislation of Ukraine is no comprehensive regulation of wetlands as independent natural objects and makes no uniform regulations for the establishment of real rights to the property. Under property law in the swamp can be understood legally possible to influence the subject’s isolated complex natural object - swamp, which is in its rightful ownership, including the right of ownership, subject to consideration of their specificity and effects of use.

 

Published
2020-01-17