{"title":"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","authors":"Viktor Branovytskiy","doi":"10.17721/2227-796x.2020.4.09","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"59 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"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\",\"authors\":\"Viktor Branovytskiy\",\"doi\":\"10.17721/2227-796x.2020.4.09\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":7222,\"journal\":{\"name\":\"Administrative law and process\",\"volume\":\"59 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Administrative law and process\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17721/2227-796x.2020.4.09\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Administrative law and process","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17721/2227-796x.2020.4.09","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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.