二十世纪乌克兰人民对自然物品所有权的公民使用权形成的具体特征

Viktor Branovytskiy
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The author studies in the section “Period of power changes on the territory of Ukraine” the peculiarities of the legal regulation of the rights to natural objects in the period from 1917 to 1920 and finds out that there was no single practice of regulating natural management relations at that time in Ukraine, since it changed depending on the region, the authorities whose sphere of influence extended to it and the year of issuance of the regulatory act. The author studies in the section “Soviet period” the specifics of the legal regulation of the rights to natural objects during Ukraine’s stay in the USSR and finds out that the only form of the ownership to all natural objects was state, the natural management concept was significantly developed, the mechanism of administrative and legal provision for the realization of citizens’ right to use natural objects of state property, an extensive system of legislation were formed. 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摘要

本文旨在阐明二十世纪乌克兰人民所有权中公民对自然物使用权形成的特殊性。方法。研究方法论包括系统与结构、历史与法律、比较与法律、形式与法律、解释、演绎、归纳、分析、综合等科学认知方法。结果。作者在“乌克兰领土上的权力变动时期”一节中研究了1917年至1920年期间对自然物权利的法律规制的特殊性,发现当时乌克兰没有统一的规制自然管理关系的做法,因为它根据地区、权力范围扩大到该地区的当局和规制法颁布的年份而变化。在“苏联时期”一节中,笔者研究了乌克兰在苏联时期对自然物权利的法律规制的具体情况,发现所有自然物所有权的唯一形式是国家,自然管理理念得到了显著发展,实现公民对国有财产自然物使用权的行政和法律规定机制,形成了广泛的立法体系。在“主权乌克兰时期”一节中,笔者着重论述了乌克兰脱离苏联后,自然物质性权利的规制方式发生了怎样的变化,特别是乌克兰人民对自然资源的所有权和公民对自然资源的使用权。结论。作者在结语中指出:何时何地的规范性法律行为首次明确规定了人民对自然物的所有权、公民对自然物的使用权及其在立法层面的使用程序;1917 - 1920年、苏联时期和乌克兰主权时期自然物权利法律规制的主要特点;取决于保障这一权利的情况。最后,作者提出了一个立场,根据这个立场,有必要区分土地和其他可能属于他人所有的物体,以及那些因其价值和意义而构成人民专有所有权的物体。此外,作者强调有必要回到1990年至1991年期间使用的对自然物权利进行规范和法律规制的方法,当时乌克兰人民被赋予独立的权力,并具有自然资源所有者的真正地位。
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SPECIFIC FEATURES OF THE FORMATION OF CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE IN THE XX CENTURY
The purpose of the article is to clarify the peculiarities of the formation of citizens’ right to use natural objects of the ownership right of the people of Ukraine in the XX century. Methods. The research methodology consists of such methods of scientific cognition as: systematic and structural, historical and legal, comparative and legal, formal and legal, interpretation, deduction, induction, analysis, synthesis, etc. Results. The author studies in the section “Period of power changes on the territory of Ukraine” the peculiarities of the legal regulation of the rights to natural objects in the period from 1917 to 1920 and finds out that there was no single practice of regulating natural management relations at that time in Ukraine, since it changed depending on the region, the authorities whose sphere of influence extended to it and the year of issuance of the regulatory act. The author studies in the section “Soviet period” the specifics of the legal regulation of the rights to natural objects during Ukraine’s stay in the USSR and finds out that the only form of the ownership to all natural objects was state, the natural management concept was significantly developed, the mechanism of administrative and legal provision for the realization of citizens’ right to use natural objects of state property, an extensive system of legislation were formed. The author emphasizes in the section “Period of Sovereign Ukraine” how the approach to the regulation of the rights to natural objects was changed after Ukraine’s secession from the USSR, especially the ownership right of the people of Ukraine to natural resources and citizens’ rights to use them. Conclusions. The author indicates in the conclusions: when and which regulatory legal acts enshrined for the first time the people’s ownership to natural objects, citizens’ right to use natural objects of the ownership right of the people and the procedure to use them at the legislative level; main features of legal regulation of the rights to natural objects in the period from 1917 to 1920, the Soviet period and the period of sovereign Ukraine; the circumstances depending on guaranteeing this right. Finally, the author formulates a position according to which it is necessary to distinguish land plots and other objects that may be owned by others and those that constitute the exclusive ownership of the people due to their value and significance. Besides, the author emphasizes the need to get back to the method of normative and legal regulation of the rights to natural objects, which was used in 1990–1991, when the people of Ukraine were endowed with independent powers and had a real status of the owner to natural resources.
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