The Space: Exploration by Law

The article analyzes and summarizes approaches to the legal regulation of the exploration and use of outer space in modern conditions in order to identify the mutual influence of law and technology. Research methods: formal-logical, comparison, analysis, synthesis, comparison, generalization. The research is based on the developments of scientists from the Institute of Legislation and Comparative Law under the Government of the Russian Federation in the field of the theory of legal space as a new legal understanding based on a combination of national and international imperatives and guidelines, as well as the scientific concept of space exploration and use. The article provides a theoretical justification for the current issues of the theory of legal spaces, reveals the importance of “mobile” territories (ships, airplanes, space stations under the State flag of the Russian Federation, etc.) for the realization of the sovereignty of the Russian Federation. It is concluded that at present, the increment of “mobile” territories ensures the preservation of traditional territorial borders. A hypothesis has been put forward to increase (de facto) the state territory depending on the systems of “mobile” territories (qualitative and quantitative characteristics), which include artificial Earth satellites (megagroups of artificial Earth satellites). An inhabited station on a celestial body is considered as a special kind of “mobile” territory of the state. The article develops the theory of vertical sovereignty (in the context of the separation of airspace and outer space). Based on the principle of “non-appropriation” of outer space, the doctrinal positions regarding the rights of non-governmental legal entities to appropriate the resources of celestial bodies are analyzed. Special attention is paid to criticizing the conclusions about the formation of custom in the field under consideration in connection with legislative initiatives of individual states.