Mkrtchyan A.R. The Issues of a Natural Object (Resource) Confiscation From the Owner or User
Mkrtchyan Armen Robertovich
Assistant Manager,
Federal Service for Supervision of Natural Resources (Rosprirodnadzor)
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B. Gruzinskaya, 4/6, 123995 Moscow, Russian Federation
Abstract. The author studies the concept of a natural object (resource) confiscation and analyzes the acting legislation which regulates the relations of ownership, use and disposal of natural objects. An improved procedure for termination of ownership of natural objects (resources) and their confiscation is proposed.
Since the rights and freedoms are realized in society, this fact often leads to the inevitable alienation of the property. This is conditioned by the need to respect the same rights and freedoms of other people, as well as by the necessity of the normal functioning of society, state and any staff. However, any cases of alienation of civil rights objects, as well as restrictions on the rights to them are allowed to the extent predetermined by the constitutionally significant purposes.
Natural resources legislation, regulating the use of natural objects clearly and consistently provides for cases when the user of a natural object can be deprived of their right to it for violation of the law. However, the Civil Code, referring natural objects (resources) to the property, contains very few regulations governing the issues of such property confiscation.
Besides, the relevant provisions on the termination of the rights to natural objects (resources), their suspension and restriction will allow introducing further legal grounds.
Key words: confiscation of a natural object (resource), restriction of the ownership right, suspension of use, termination of property rights, civil legal sanction.
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