Правова сутність публічних природоресурсних сервітутів

Abstract

In the article, the authors explore the issue of the rationale for introducing legislation on public easements on natural resources into Ukrainian environmental (natural resources) legislation. Based on the existing research and theoretical underpinnings as well as international practices, the conclusion is reached about the viability of this type of easement relations. In the paper, a public easement on natural resources is considered a sector‐specific means of ensuring and balancing out the interests, including environmental interests of owners of natural resources, users of natural resources, territorial communities and the state. A proposal was made to ensure a public procedure for granting such easements that can be enforced by the mechanism of public hearings. In addition, it is suggested that the grounds for officially implementing and revoking such easements should be clearly defined