Nature and Its Elements as Objects of Civil, Ecological and Energy Law

   Unlike civil and energy law, the objects of ecological law can be the nature and its components in general (land, subsoil, water, air, wildlife, etc.), in particular, in governmental and environmental (on the nature protection in general) legal relations on the state regulation. In this regard, their use in the Civil Code of the Russian Federation, including in the titles and provisions of a number of articles, is not justified. At the same time, different parts of nature that have spatial-territorial or other conditional boundaries (limits) and can be separated (legally defined) from its other adjacent parts due to their identification features (a land plot, forest plot, water area, subsoil plot, individual animal, etc.), are not only objects of ecological, but also civil and energy law in property relations arising in relation to such objects and usually related to the use of a part of the nature within established boundaries. As a general rule, such relations are subject to regulation by civil legislation in the sphere of property transactions, as well as energy legislation, if necessary, unless otherwise expressly provided for by environmental legislation.

1. Bogolyubov S. A., Suleimenov M. K. Environmental law – an integrated branch. Problems of the theory of ecological law. Dialog. Ecological law, 2014, no. 4, pp. 32–38. (in Russ.)

2. Boldyrev V. A., Sysoev V. A. A part of a land plot as an object of civil rights and civil law protection. Bulletin of arbitration practice, 2013, no. 6, pp. 14–22. (in Russ.)

3. Brinchuk M. M. Nature – a public good. State and law, 2013, no. 8, pp. 15–26. (in Russ.)

4. Brinchuk M. M. Theoretical problems of the object of water relations in the water law of Russia. Gaps in Russian legislation, 2011, no. 6, pp. 136–138. (in Russ.)

5. Dubovik O. L., Sosnovsky V. V. “M.M. Brinchuk. Ecological law: objects of ecological relations. Moscow, 2011. 152 p.” State and law, 2012, no. 11, pp. 122–124. (in Russ.)

6. Zemlyakova G. L. Land and land plot as objects of land law relations: problems of terminology. Bulletin of the O.E. Kutafin University, 2019, no. 1(53). pp. 54–63. (in Russ.)

7. Zemlyakova G. L., Samonchik O. A., Ustyukova V. V. Constitutional foundations of land and agrarian law. State and law, 2014, no. 1, pp. 63–73. (in Russ.)

8. Ignatieva I. A. Objects in ecological law: aspects of research and conditions for inclusion in the legal sphere. Bulletin of Moscow State University: Law, 2019, no. 5, pp. 3–21. (in Russ.)

9. Kress V. V. Theoretical aspects of determining the place of energy (energy resources) in the system of objects of civil rights. Lex Russica, 2024, vol. 77, no. 5(210), pp. 22–35. (in Russ.)

10. Lakhno P. G. Energy law in the 21st century: state and prospects of development. State and law, 2009, no. 4, pp. 109–116. (in Russ.)

11. Lisitsa V. N. Are the rights of state ownership of natural resources properly delimited? Federalism, 2004, no. 4(36), pp. 87–98. (in Russ.)

12. Lisitsa V. N. Application of norms of investment law in the regulation of investment relations. Legislation, 2011, no. 10, pp. 31-40. (in Russ.)

13. Lisitsa V. N. Principles of international investment law. Novosibirsk: Novosibirsk State University, 2009, 246 p. (in Russ.)

14. Aksenov V. N., Glushkov I. E., Gorbacheva Yu. V. [et al.]. Fundamentals of the organization and development of small and medium–sized businesses in municipalities. Novosibirsk: Novosibirsk Book Publishing House, 2008, 384 p. (in Russ.)

15. Pavlova D. A., Rogachevsky A. L., Trubetskaya A. A. The legal nature of objects of energy law. Leningrad law journal, 2021, no. 3(65), pp. 137–150. (in Russ.)

16. Sukhanov E. A. Real estate in the system of objects of civil rights. Journal of Russian law, 2021, vol. 25, no. 1, pp. 16–22. (in Russ.)

17. Bogolyubov S. A. (ed.) Environmental law: textbook. Moscow: Yurayt, 2024, 318 p. (in Russ.)