Scientific and practical aspects of legal regulation of the use of natural resources for fishery needs

It is indicated that rational nature management is an urgent priority for both Ukraine and the entire world community. The fishery industry, which demonstrates rapid development among food production and can potentially negatively affect the ecological state of natural resources and ecosystems, requires the introduction of a special legal regime for the use of natural resources. Effective legal regulation of the use of aquatic bioresources, water bodies and water fund lands is a key factor that simultaneously contributes to sustainable development and food security, and also ensures a balance between public and private interests of fishery entities and legal certainty of their legal status. The article highlights approaches to the scientific interpretation and systematic application of the laws of Ukraine «On Aquaculture», «On Fisheries, Industrial Fishing and Protection of Aquatic Bioresources», the Law of Ukraine, the Law of Ukraine on the Protection of Subjective Rights to the Special Use of Water Bodies, Aquatic Bioresources and Land of the Water Fund in the Process of Fisheries Activity. It is emphasized that the specified right is implemented at the intersection of agrarian and natural resource legal relations in order to ensure sustainable development and rational use of natural resources, as well as a balance of public and private interests. As a result of the analysis, conclusions were drawn that the specified legal relations are, by their legal nature, complex private-public relations. In addition, the need for a clear delimitation of the legal personality of fishery entities is emphasized in order to ensure the principle of legal certainty in the exercise of the right to special use of natural resources by fishery entities. In turn, the definition of the content of legal personality and the legal regime for the use of natural resources depends, first of all, on the type of economic activity using fishery water bodies and aquatic bioresources: aquaculture (fish farming) or industrial fishing (fishery), as well as the type and functional purpose of the water body where this activity is carried out.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-05-31
DOI
https://doi.org/10.24144/2307-3322.2025.88.4.37
Primary Topic
Regional Economic Development and Innovation
Type
article
Field-Weighted Citation Impact
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article

Scientific and practical aspects of legal regulation of the use of natural resources for fishery needs

Tamara Sarkisova, Diana Kolomiitseva, Y. V. Nosik
Uzhhorod National University Herald Series Law
Regional Economic Development and Innovation
article

Scientific and practical aspects of legal regulation of the use of natural resources for fishery needs

Tamara Sarkisova, Diana Kolomiitseva, Y. V. Nosik
article en

Abstract

It is indicated that rational nature management is an urgent priority for both Ukraine and the entire world community. The fishery industry, which demonstrates rapid development among food production and can potentially negatively affect the ecological state of natural resources and ecosystems, requires the introduction of a special legal regime for the use of natural resources. Effective legal regulation of the use of aquatic bioresources, water bodies and water fund lands is a key factor that simultaneously contributes to sustainable development and food security, and also ensures a balance between public and private interests of fishery entities and legal certainty of their legal status. The article highlights approaches to the scientific interpretation and systematic application of the laws of Ukraine «On Aquaculture», «On Fisheries, Industrial Fishing and Protection of Aquatic Bioresources», the Law of Ukraine, the Law of Ukraine on the Protection of Subjective Rights to the Special Use of Water Bodies, Aquatic Bioresources and Land of the Water Fund in the Process of Fisheries Activity. It is emphasized that the specified right is implemented at the intersection of agrarian and natural resource legal relations in order to ensure sustainable development and rational use of natural resources, as well as a balance of public and private interests. As a result of the analysis, conclusions were drawn that the specified legal relations are, by their legal nature, complex private-public relations. In addition, the need for a clear delimitation of the legal personality of fishery entities is emphasized in order to ensure the principle of legal certainty in the exercise of the right to special use of natural resources by fishery entities. In turn, the definition of the content of legal personality and the legal regime for the use of natural resources depends, first of all, on the type of economic activity using fishery water bodies and aquatic bioresources: aquaculture (fish farming) or industrial fishing (fishery), as well as the type and functional purpose of the water body where this activity is carried out.

Uzhhorod National University Herald Series LawVol. 4(88)
Human Growth Foundation (US)
Openalex Percentile: Top 82%
Regional Economic Development and Innovation
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