Synthesis of ecological and economic aspects as methodological bases for constitutionally motivated land-nature-use in modern Ukraine

Abstract

An analysis of ecological and economic aspects of land-nature-use was carried out, based on the essence of new theoretical knowledge of constitutional land law acquired by us as a modern need for urgent institutionalization of current constitutional land norms. The purpose of the article is to reveal the main empirical results of the analysis and synthesis of ecological and economic aspects in relation to the methodological foundations of land-nature-use for the application of methods and methods of assessment of natural resources (natural objects) as scientific and practical prerequisites for legal nature use based on current land regulations Constitution of Ukraine. It has been established that the ecological and economic aspects in relation to the methodological foundations of land-nature-use are an integral part of the normative-legal aspects and are completely consistent with each other, since their essence is based on the same land norms of the Constitution of Ukraine. It has been proven that ecological and economic relations are relations that arise between specific subjects of property rights, which are, on the one hand, the Ukrainian people (all citizens of Ukraine) as the absolute owner of all natural resources (objects), and on the other hand — the owner (lessee) of a land plot (object of civil rights) as the «owner» and «user» of natural resources (objects) owned by someone else — the main national wealth, which de jure is under the special protection of the state. Since, in accordance with the Constitution of Ukraine, the ownership of the land and its natural resources by the Ukrainian people obligates and must not be used to the detriment of man and society, it is imperative, first of all, to identify and certify all natural objects that have a nature reserve, nature protection, recreational, historical, cultural and other value. It was established that only under the conditions of implementation of the current constitutional norm of «use» of the property of the Ukrainian people, instead of the imaginary norm in the Land Code of Ukraine (Article 79) and the Civil Code of Ukraine (Article 373) — "distribution", a responsible and effective obligation will arise the obligation to carry out legal nature use and real protection of land and its natural resources as natural objects of someone else’s property for all categories of land, especially agricultural land.