«Martian» and roman law

The article examines the role of Roman law in the development of space law in the Republic of Kazakhstan. Despite the fact that Kazakhstan has ratified the main international agreements in the field of peaceful exploration of outer space, a huge number of legal problems of a theoretical and practical nature in the field of space law remain unresolved. Of particular importance in space law, is the question of the legal regime of space objects (Mars and other celestial bodies): what regime of property rights applies to celestial bodies; what is the procedure for extracting resources from celestial bodies and the procedure for their appropriation? Particular attention is paid to issues of legal regulation of celestial bodies and problems of determining their legal regime (if they cannot be objects of property rights, what regime of property rights applies to them?). Throughout the ongoing examination, sources of Roman law whose categories and legal constructs may play a significant role in resolving current issues in space law are considered. Particular attention is paid to the legal category res communes omnium, developed by the eminent Roman jurist Martianus. According to many jurists, the category of res communes omnium is directly enshrined in international agreements on the exploration of outer space. However, there are theoretical and practical problems in implementing the category of res communes omnium in the field of space law. Since the above problem is theoretical in nature, scientific works in the field of Roman law that directly address the topic of our research will undoubtedly help to shed light on this issue.