Individualization of land and other natural resources: issues of legislation and difficulties of its enforcement (part one)

Abstract

Essential public characteristics of land and other natural resources allow Russian legislators to consider them a special public weal which needs proper legal regimes of use. Meanwhile the legislation provides different approaches to the process of land individualization. The author analyzes existing doctrinal differences between civil, land and other legislation concerning the natural resources regulation, which are capable of creating contradictory legal regimes of natural resources use. The article studies issues concerning the differentiation of state land ownership and the individualization of its objects, determining the legal regime of possession, use and disposal of land resources which do not have identification characteristics of the object as an object of civil rights. It is acknowledged that the objects of the right of using natural resources are not only the land (as a natural object and natural resource), land plot, part of land plots, but also the lands (used and unused) as a special public weal and at the same time as the object of state and municipal property. Refs 4.

Keywords:

public weal, natural resource, right of using natural resources, legal regime, identification characteristics, object of property title