Right of Environmental Use

General Provisions

The right to use natural resources in the Russian Federation is a set of norms regulating relations concerning the use of natural resources. It covers both objective rules for the use of land, subsoil, water, forests, and biological resources, as well as subjective rights and obligations of citizens, organizations, and state bodies in the field of rational and safe use of nature. The main goal of legal regulation is to ensure a balance between meeting human needs and preserving the natural environment for future generations.

The classification of the right to use natural resources can be carried out by type of natural resource and by the basis for the emergence of the corresponding right. Thus, land use, subsoil use, water use, forest use, as well as the use of wildlife objects and aquatic biological resources are distinguished. This systematization allows more accurate regulation of the rights and obligations of various subjects, taking into account the specifics of each resource and possible environmental consequences of its use.

Based on the basis of emergence, the right to use natural resources is divided into general and special usage. General usage of nature is aimed at satisfying personal and social needs of citizens and, as a rule, does not require special legal formalities. In contrast, special usage of nature is associated with entrepreneurial activities, requires licenses or permits, and is accompanied by compensatory payment for the use of resources and possible negative impact on the environment.

The right to use natural resources is also differentiated based on the level of environmental impact and technical means applied. General usage of nature usually involves minimal ecological impact, whereas special usage of nature may have significant consequences for nature and requires the use of specialized technologies and equipment to ensure environmental safety.

The legal regulation system of natural resource utilization includes the establishment of obligations to comply with environmental standards, control over the rational use of resources, and application of liability measures for violations. This approach ensures sustainable development of economic activities, protection of natural wealth, and preservation of ecosystems, making the law of natural resource utilization a key instrument of environmental law.

According to O.L. Dubovik, the law of natural resource utilization is a system of norms regulating the use of natural resources (objective); and a set of rights and obligations arising in connection with the use of natural resources (subjective)¹.

The criteria for classifying the right of natural resource use may include the natural resource itself, as well as the basis for the emergence of the corresponding right². Based on the natural resource, the right of natural resource use can be classified into: land use; subsoil use; water use; forest use; and use of wildlife objects and aquatic biological resources.

M.V. Ponomarev proposes the following classification of the right of natural resource use based on the basis for the emergence of the right of natural resource use³.

CriteriaGeneral use of natureSpecial use of nature****Subject compositionCitizensSubjects of entrepreneurial activity: legal entities, individual entrepreneursPurpose of implementationSatisfying personal and social needs of the population (domestic, recreational needs, etc.)Obtaining material benefits during entrepreneurial activityUse of special technical means and devicesAs a rule, carried out without the use of special technical means and devicesAs a rule, carried out with the use of special technical means and devicesLevel of negative impact on the environmentAs a rule, associated with a minor level of negative impact on the environmentAssociated with a significant level of negative impact on the environmentLegal formalitiesAs a rule, does not require legal formalities and is established for each citizen by legislative and other normative legal actsRequires the preparation of permits (license, permit) or title documents (decision on granting natural resources for use or an environmental management agreement)CompensationNon-compensatoryCarried out on a compensatory basis (payment for negative impact on the environment, payment of land tax, water tax, mineral extraction tax, fee for use of wildlife objects, aquatic biological resources, etc.)⁴

2010. P. 167 - 175; Dubovik O.L. Environmental Law: textbook. Moscow,
2011. P. 240 - 241; Kichigin N.V., Ponomarev M.V., Khludeyeva N.I. Environmental Law: lecture notes. Moscow, 2009. P. 40 - 42.