Regime of property rights for natural resources in the context of criminal responsibility for their misappropriation
Journal: LEGAL SCIENCE AND LAW ENFORCEMENT PRACTICE (Vol.4, No. 26)Publication Date: 2013-12-25
Authors : Zabavko R.A.;
Page : 32-42
Keywords : natural resources; legal regime; private property for natural resources; misappropriation of natural resources;
Abstract
A specific system of legal property relations for natural resources provided by their inter-branch legal control has developed in the RF. The RF Constitution provides all the citizens with equal access to natural resources herewith it not only guarantees safeguards of the citizens’ rights to favorable environment and information about its condition but it also guarantees the right to use natural resources. Rules of Civil and Ecological (land, water, forest) Law establish the order of these rights implementation upon which natural resources are put into economic turnover. As the result almost all natural resources can be in private property whereas in the context of environmental management there is a big difference among legal status of state, organizations, individuals. Recognizing natural resources as a subject of transaction the civil legislation provides their turnover in the treaty regime. Meanwhile the ecological legislation imposes extra restrictions on such transactions connected with compliance with the requirements of public law character that is public interest in the preservation of the favorable environment. As an object of protection Criminal Law of the RF first of all establishes ecological aspect (social relations on rational use of natural resources and the preservation of the favorable environment and biological diversity) whereas the criminal law protection of the ecological aspect is not applicable. The author of the article investigates regime of property right for natural resources, states their involvement in essential social processes. The author determines the necessity of the criminal law protection of property right for natural resources.
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