ON LEGAL NATURE OF CONTRACTS IN THE SPHERE OF USE OF NATURAL RESOURCES

Abstract

The article is devoted to the consideration of various types of contracts in the ield of use of natural environment sites and their correlation with civil-law and administrative-legal contracts. Property contractual relations that arise depending on the environment or individual objects, rather than civil relations, in its pure form, can not be subject to regulation by administrative law. The treaties in question are of a unique nature, their conclusion, modification and dissolution are governed by the norms of environmental (natural resource) law, the norms of the institution of property ecological relations. This peculiarity lies in the subject of the contract - areas of the natural environment, which are a very peculiar kind of immovable property that leads to the impossibility of applying most of the provisions of civil law. Based on the analysis of regulatory and legal acts of the sectoral legislation, as well as the point of view of various authors, the following conclusion is argued in the article that these contracts can not be unequivocally attributed to either one or the other, since they have a number of features that are characteristic only for «natural resource» contracts. Their conclusion, change and termination must be regulated by the norms of environmental (natural resource) law.

Keywords

• имущественные отношения
• природные ресурсы
• «природоресурсные договоры»
• гражданско-правовой договор
• административно-правовой договор
• property relations
• natural resources
• «natural resource contracts»
• civil-law contract
• administrative-legal contract