Загальна характеристика умов припинення права громадян щодо спеціального використання природних об’єктів

Abstract

The article is focused on the research of the conditions of terminating the right of citizens to special use of natural objects. Since the legislation does not have the direct definition of the termination of the right of special exploitation of natural resources, the author of the article has studied the provisions of natural resource laws, which establish certain requirements that make it possible both the existence of the right of special exploitation of natural resources and its termination. On the basis of the analysis of the mentioned provisions, the author has established that the conditions for termination of the right of special exploitation of natural resources are not set out in a separate Article, but proceed from the general content of the normative and legal regulation of the emergence, implementation and direct termination of the right to exploit natural resources. It has been concluded that the significance of the conditions for terminating the right of special exploitation of natural resources within the mechanism of terminating the right to exploit natural resources is to establish the facts that make it possible to terminate relations of special exploitation of natural resources in certain reasons and in the manner prescribed by the law. On the basis of the analysis of the current natural resources law, the author has classified the conditions for the termination of the right of citizens to special use of natural objects. The author of the article has defined the conditions for terminating the right of citizens to special use of natural objects as the requirements established by the legislation for all law-abiding legal facts, and special requirements to each individual legal fact of both material and procedural basis of the termination of subjective rights of citizens to natural objects, as well as general for all and special for specific cases of legislative requirements to citizens and specific natural objects, the non-observance of which makes it impossible to terminate the corresponding subjective right of special use of natural objects.