LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING

Abstract

The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for the emergence of the right to conduct entrepreneurial activity and the basis for the transfer of a property right to natural resource. The article substantiates the conclusion that these contractual relations are entrepreneurial in the field of environmental management, have a public-law nature and are subject to complex regulation not only by the norms of natural resources law, but also entrepreneurial legislation, but not civil law. To this end, it is proposed to develop a new legal mechanism for regulating entrepreneurial obligations in the field of fisheries.