LEGAL PRECONDITIONS OF REALIZING GENERAL USE OF FLORA OBJECTS AS A TYPE OF GENERAL EXPLOITATION OF NATURAL RESOURCES
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is focused on the research of the legislative provision of general use of flora objects, the search for gaps and the determination of the ways of their solution. The legislative preconditions of ensuring the general use of flora objects have been analyzed. It has been established that nowadays the procedure for obtaining consent of a private owner of the forest for the implementation of the general use of forest resources remains unclear. In particular, it is not clear in the current legislation whether such a consent is lack of actions of the owner that would indicate such a prohibition (such as: a public announcement of the prohibition of the mentioned right, for example through the local council, the fencing of the forest, the placement of plates on the territory of the forest, etc.), or the ban on general forest use is foreseen and a person who wishes to exercise the right of general use of forest resources should take such a permission personally from the owner of the forest. Special attention has been focused on the need to reconcile public interests in the realization of the general use of flora and the private interests of owners and users of the sites of growing flora objects. It has been concluded that the legislation should clearly establish the necessity and, accordingly, the procedure for obtaining a consent on the realization of general use of plant (in particular, forest) resources from private forests and land plots owners. The author has also suggested to establish possible forms of prohibition by private owners of natural objects to realize the right of general exploitation of natural resources by these objects.
Authors and Affiliations
І. В. Кирєєва
Keywords
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