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Constitutional Axiology as a Fundamental Principle for the Formation and Development of Natural Resource Legislation
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Constitutional Axiology as a Fundamental Principle for the Formation and Development of Natural Resource Legislation
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.087
Publication type
Article
Status
Published
Authors
Natalia Averyanova 
ORCID: 0000-0002-5718-5363
Occupation: Professor
Affiliation:
Saratov State University
Saratov State Law Academy
Address: Saratov, Russia
Edition
Volume 27 No. 8
Pages
5-16
Abstract

The provision of the Constitution of Russia (Part 1 of Article 9) established that land and other natural resources are used and protected as the basis of life and activity of the peoples living in the respective territories. This constitutional provision should be analyzed not only from a formal legal point of view, but primarily based on the theoretical and methodological basis of constitutional axiology. This approach made it possible to determine the fundamental nature and value of this constitutional norm for the development of land and natural resource relations.

The purpose of the study is to determine the constitutional and legal content, potential and significance of the constitutional provision on land and other natural resources for the formation and development of sectoral legislation. In this regard, the tasks are set to analyze the axiological essence of the constitutional provision under consideration, to determine the theoretical content and practical implementation of the revealed constitutional right of peoples to land and other natural resources.

In the course of the research, the methods of formal logic were used: description, comparison, classification, analysis, synthesis, induction and deduction. Special methods of scientific cognition were also used, such as system-functional, formal-legal, etc.

As a result of the axiological interpretation of Part 1 of Article 9 of the Constitution, the constitutional right of peoples living on the territory of the Russian Federation to land and other natural resources has been revealed, its constitutional and legal significance as a phenomenon expressing axiological constitutional goal-setting and being a means of constitutional norm control in this sphere of public relations has been determined. In terms of content, this constitutional right is complex, since its implementation is collectively ensured by a system of other constitutional rights related to the use and protection of land and other natural resources: political, economic, environmental, social.

Keywords
land, natural resources, constitutional axiology, constitutional rights, people
Date of publication
29.08.2023
Number of purchasers
12
Views
158
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0.0 (0 votes)
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