Forest Easement: Problems Of Legislative Provision

Abstract

The article deals with the research on the problems of legal regulations of forest easement relations. There has been drawn a substantiated conclusion about fairly general approach to settlement of these relations and lack of specifics, including the types of forest easement, subject and object composition, conditions of the establishment, legal nature of forest easement in general. Having analyzed scientific research in this field, the presence of various doctrinal visions regarding the conceptual apparatus of easement rights was stated, including rights to a plot of forest land, the types of forest easement, their subjects and in general the ways of further legal regulations of these relations, whose future depends on their quality, and despite the legislative laying down only of land and forest easement for the time being, the legislative regulation of other natural resources easement is foreseen for the future. There has been considered in general the controversial question of expediency to lay down public easement of natural objects. We believe that this issue should be reconsidered and be the subject of further research, in order to become one of the legal ways (mechanisms) to resolve a conflict of interests between private owners of natural objects and the state (or community) in future.

The conclusion is drawn that particularly the usage of either these or other natural objects under the conditions of easement will be the subject, as a matter of fact, of the material easement, at the same time it does not exclude the possibility of installing personal easement.

There is indicated the complete absence of any clarifications on the content of the forest easement in Article 23 of the Forest Code of Ukraine, which is a significant lack of legislation on forest easement. Rights and duties of the easement holder as well as the owner of natural objects must be legally delineated and further detailed in the contractual or other agreement.