CONTENT OF OWNERSHIP OF NATURAL RESOURCES

Abstract

The question of the content of the right of ownership of natural resources in the article is studied as an essential element of the theory of ecological and natural resource law. At the same time, such a theoretical approach shows not only the defectiveness of the stable and persistent claims of civilists to the possession of nature as a civil law thing, but also the scientific inconsistency of the actions of the federal legislator, who unreasonably established many natural resource norms in the Civil Code of the Russian Federation. The content of the right of ownership of natural resources is studied as an objective and subjective right regulated by the norms of the Constitution of the Russian Federation, ecological and natural resource law. Taking into account the claims of civilists to the regulation of relations of ownership of land and other natural resources in the civil legislation special attention is paid to the position of E. A. Sukhanov, according to which the content of the subjective right of ownership is usually characterized only through the constituent powers of possession, use and disposal. At the same time, attention is drawn to the fact that the theory of natural resource law emphasizes the understanding of the right of disposal in civil law, which is unacceptable in relation to natural objects, as the ability to determine the legal fate of a thing up to its alienation or destruction. The issue of the rights and obligations of the holder of the right of ownership of natural resources as a subjective right is investigated as in accordance with the natural resource and ecological legislation of the Russian Federation is an important and essential element of the content of the right of ownership of natural resources. The position is substantiated that the fulfillment by the owner of legal natural resource requirements, assessed in the context of the content of the right of ownership management.