Participation of business entities in legal relations in the field of natural resource use

Abstract

The article analyzes the participation of business entities in legal relations in the field of natural resource use. Doctrinal and legislative approaches to the concept of «business entities» are taken into account, as well as their classification. Official statistical data on the number of state-owned enterprises and business associations in the charter capital of which the state’s share is more than 50%, as well as the total number of business entities on the territory of Ukraine, have been clarified. It is emphasized that due to the war, the occupation of part of the territory of Ukraine, the destruction of many objects, buildings, and natural resources, the statistics on the number of business entities will be significantly smaller this year.
 The common approach of defining business entities through their legal entity features is analyzed. It is substantiated that economic entities that use natural resources in their activities have the following main characteristics: the presence of separate property; state registration in the organizational and legal formspecified by law, the right to use natural resources in economic activity in the order of special and general nature use.
 The legal principles of the use of natural resources by economic entities in their activities, both in the order of special and general nature use, are analyzed. Among the natural resources for the use of which a business entity needs to obtain a special permit are the following: resources of the continental shelf, the exclusive (marine) economic zone, animals and marine mammals that are in the natural environment, other objects of the animal world that are of national importance ; natural resources that are on the territory of the national nature reserve fund, etc.
 It is proposed to classify business entities from the point of view of the use of natural resources according to the following criteria: depending on the nature of the use of natural resources; depending on the legal basis for the use of natural resources; depending on the legal regime of use of natural resources. Amendments to the Law of Ukraine «On the permit system in the sphere of economic activity» have been developed, taking into account the state of war.