THE CORRELATION BETWEEN LAND AND SUBSOIL USE WHEN USING UNDERGROUND SPACE

T. Kharytonova, V. Nosik, Anatoliy Kostruba, V. Mykhailov and M. Kurilo
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Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

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Abstract: There is a strong bonding of categories when we are to consider problems connected with land. The constant development of social relations brings the necessity to notice what is vital for the legislation to follow those changes. In that order, there is unambiguity in resolving land disputes, particularly about subsoil use. The spatial use of land rights raises a question of clear legislative criteria for their application. For us, it refers to the consideration of the "upper" and "lower" limits of rights distribution. Accordingly, this article investigates the rules of legislation for land and subsoil use. The object of the study is legal problems arising from social relations regarding land and subsoil use. As for the methodology, the following methods were used: analysis, synthesis, deduction, induction, abstraction, generalization, historical and legal methods, formal-legal (dogmatic) method, comparative-legal and sociological-legal methods, legal modeling, and critical-legal method. It has been concluded that domestic legal doctrine includes two approaches to the distribution of owner's rights for the underground space. Additionally, there is a problem of legal demarcation between land and subsoil use. As a result of the study, we offer some ways to solve this issue.

Date: 2021-07-12
New Economics Papers: this item is included in nep-isf
Note: View the original document on HAL open archive server: https://hal.science/hal-03284994
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Published in Vìsnik Kiïvsʹkogo nacìonalʹnogo unìversitetu ìmenì Tarasa Ševčenka, 2021, VISNYK TARAS SHEVCHENKO NATIONAL UNIVERSITY OF KYIV, 2(93), pp.64-70. ⟨10.17721/1728-2713.93.07⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03284994

DOI: 10.17721/1728-2713.93.07

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