Lunar “Sovereigns”: The Economics of Outer Space in the Discourse of Russian Lawyers

The article analyzes and summarizes approaches to the legal regulation of the economy of outer space in the research of Russian lawyers.Objectives of the work: based on the analysis of the development of the principle of non-appropriation of outer space in modern legal doctrine, to identify the specifics of legal problems in the field of space economics, to identify possible directions for solving topical issues. The purpose of the study is to describe the picture of the development of the economy of outer space within the framework of the main problems that affect the law; to focus on issues of interstate competition for space resources, which led to the emergence in individual states of not just extraterritorial, but clearly provocative legislation that contradicts established international legal approaches, to consider legal and behavioral models that give such a force to analyze the doctrinal positions in the field of relations sensitive to state sovereignty.Research methods: formal-logical, comparison, analysis, synthesis, generalization. The article notes that in the context of the development of the space economy and the “erosion” of the state’s monopoly on the exploration of the outer space, the issues of legal regulation of commercial space activities are being updated, which, in accordance with accepted scientific approaches, is understood as income-generating activities in outer space. The author concludes that, unlike other types of commercial space activities, for example, using artificial Earth satellites, resource extraction is impossible without the location of the subject on the surface of a celestial body. This feature touches upon the issues of the physical boundaries of sovereign power, testing the maxim of the impossibility of sovereignty in space. In this context, it is recognized that the principle of non-appropriation of outer space needs to be developed, since space stations and settlements will be subject to the jurisdiction of a certain State (States). The author does not support the approach according to which appropriation is not allowed only in relation to objects that cannot be moved in outer space, since it makes compliance with general prohibitions dependent on technological solutions. Such assumptions in law can have negative consequences for life on Earth. The regime of resource development should also be approached differentially, taking into account their heterogeneity. The article analyzes the positions of Russian lawyers regarding the rights of non-governmental legal entities to appropriate the resources of celestial bodies, special attention is paid to criticizing the conclusions about the formation of custom in this area in connection with legislative initiatives of individual states. These legislative initiatives have been scientifically evaluated. The author draws attention to the fact that Russia continues to move within the framework of the historical choice in favor of a high share of state participation in space exploration, the development of public-private partnership tools is in line with the national tradition.