Kabanbaeva G.B. doctor PhD.,

Al Farabi Kazakh National University

Questions of ownership of natural resources

History has different perception of the nature of man to do with it. For legal doctrine and of the right common association of nature with the property dealer. In the civil law nature of literature as an object of property rights. In the philosophy of science and the category "Nature" and "thing" are cultural universals. These philosophical categories always have a socio-cultural dimension and largely determine the nature of human activity. [1] The importance of these philosophical categories of philosophy varies considerably in the law, where it is transformed into power. Therefore, examining them and any public relations about the "nature" and "things" settled in law, methodologically extremely important to bear in mind that "humanity is now in a state of crisis of civilizational and value fault. And none of the global problems (environmental, demographic, economic, social, etc.) Can not be solved without a serious, unbiased criticism and reconstruction of the basic foundations of the current civilizational development, which generates and exacerbates these problems. [2]

      Right, as you know, can serve as an essential resource for the progressive development of society and the state, and can, on the contrary, exacerbate social development. At the current critical stage of civilizational development, and increasing the role of law and the responsibility of those who contributed to its formation in the conditions experienced by the systemic crisis. In general, as far as can be judged, right in Kazakhstan, as well as outside of it, does not take this factor as a methodological improvement in the law, orienting it to overcome crises.
This article is written in the context of the vision of law as essential structural resource. In the legal context of a critical theory of environmental law will be reviewed and domestic law in the whole question of the legal nature of the title. The question in the theory of law and the law is expressed through the institution of property rights, elements of which are ownership, possession, etc.
Institute of property rights is intended to serve the cause of rebuilding these basic foundations of the current civilizational development. Reconstruction is possible primarily by updating outlook and on this basis the spiritual health of society - the formation of a new legal thinking and the law itself, including its Institute for public property rights. An essential element (factor) of such bases are obviously the relationship to nature, about the nature of a fundamental and special object of public relations regulated in the law, as well as related important ideological base.

The doctrine of public law are fragmentary provisions on individual objects of such rights. Requirements for the development and formation of a public institution of property rights become particularly evident and urgent when considering how jurists see their property rights and their objects. The need, an urgent need for such formation is dictated, however, is not in opposition to the private institution of property rights and to achieve meaningful goals, solving creative tasks in the most efficient and sustainable development of the society, a resource which is the object of such rights.
     Real rights in civil law are investigated and reported to the civil law and science and in the doctrine of law in general. Rights in rem, usually inherent in perpetuity. Property rights provide the legal framework for relations between the subjects of civil law about things. Property rights have a single historical source - Roman law and give the holder the exclusive dominion over the thing. The volume of property rights can be absolute (ownership). At the same things in the civil law - the nature of material objects or objects created by man, which are the objects of property rights and other property rights [3].

Civil Code PK (part one) of 27 December 1994 contains a number of provisions relating to rights in rem and their objects. CC RK defines the types of objects of civil rights. In related things, including money and securities, other property, including property rights under it to the objects of civil rights; works and services; information; results of intellectual activity, including exclusive rights to them (intellectual property); intangible benefits. Note that in the article "nature" is not assigned by the legislator to the objects of property rights and to the content of the concept of "things," as do the references cited above and below the scientists.

However, "things are understood under the objects of material substance: the body in solid, liquid and gaseous state. These are objects animate and inanimate nature. In this case it is understood that such things are mastered and available to man and society, and therefore may be subject to the civil rights of individuals and legal entities of the Republic of Kazakhstan. By constantly increasing "the development of science and technology the number of such objects of civil rights.

According to some authors, "for things they are understood by both human nature and objects of the material world that meet certain human needs." The user of this commentary can also just make sure that all the objects of the material world, created by nature - the objects of civil relations. And most importantly - this comment so the user does not see the difference between the subsoil and the refinery as the objects of civil law relations.
      Thus, the civil doctrine comes from the fact that things in civil law -material natural objects or objects created by man, which are the objects of property rights and other rights. It turns out that the whole of nature within the jurisdiction of the Republic of Kazakhstan, regardless of the established her ownership, is the subject of civil rights in rem.
     It applies to legal technique related to the language requirement of the necessary accuracy and uniqueness of the concepts, terms, language, verbal structures and definitions for the expression of certain regulatory - legal content in a legal act, obviously, has the power and importance in regard to doctrinal texts. At this, many scientists have drawn attention to the theory of law. So, R.O. Khalfina wrote on this subject: "The rigor and scientific validity of the conceptual apparatus are of particular importance in the science of law, as a result of development of the theory may have suggestions to improve the legislation and practices that require particular accuracy and clarity" [4].

The most important requirements for the scientific terminology, refers to the leading legal theorist SS Alekseev. To those he considers the uniqueness, strict certainty, clarity, stability, and compatibility with all the complex terminology used in the science [5].

"A different look" means that the general theory of law, in the theory of public and private law developed coordinated positions on the criteria for the legal separation of the two families, and the authors of the Concept by willful determine their view on their relationship. [6]

 The ratio of environmental law with other industries need to include rules governing the ownership of objects such as subsoil areas and water bodies. Ownership of these facilities should be subject to state registration. Such a law should be the alternative, in order to apply the rules on the ownership of land. Animals in a state of natural freedom should not be subject to property rights.
       The scientific nature of this doctrinal legal phenomenon - "a different view" - about such vital for the community of property rights as the nature of the Institute element - in a science fair is picked respected and eminent jurists as "broad intervention" and "dangerous operation". Academician YK Tolstoy writes on this subject: "... worrying that the concept involves extensive intervention in such industries related with civil legislation, such as legislation on protection and use of natural resources.

A study of real rights methodologically regularly and maintain reasonable based on the current legal system. Its most important feature at the present stage of development of society and the state is the allocation of public and private law. If the 70 -80 years of the last century, scientists conducted intensive discussions on the sectoral structure of Soviet law, that at the present stage of development of the law, according to V.F.Yakovlev, "it became clear that the main components of the system of law - its main divisions - right private and public right. If there is no development of private law, rely on effective community development is not necessary. If there is no development of public law, private law can not be effective. " It is no accident in the 1990s, has been given so much attention to scientific bases verified allocation in the legal system of legal families, the definition of criteria, characteristics, properties of each of them. It was prompted by the emergence of new for Kazakhstan's political, economic and social conditions.
Their best records in the right - a prerequisite for sustained development of the society and the state. The doctrine of legal families in the 1990s, efforts were made to form a scientific basis for their development. The basis of this process are the signs, especially the characteristics of public and private law, proposed by leading scientists in these fields.

The first and most essential feature of public law in the theory of public law called the public interest, which as a concentrated expression of general social needs and aspirations acts systemically important phenomenon. For publicly - regulatory character of peremptory method, when a subject to governmental authority establishes standards unilaterally. Public law includes basic questions of the formation of the legal system and ensure its

sustainability. Public Law establishes a mechanism and procedures for the legal protection of all subjects of law.

All of the above features are concentrated in public law carries with it a comprehensive and systematic public - legal regulation.
      According to Y. Tikhomirov, "Public Law as a great legal family covers a range of areas of law and legislation. But this is not a mechanical set of industries and system-structured legal integrity with its own characteristics. It is distinguished, above all, the impact of the object, the subject of regulation. " V.F.Yakovlev expressed scientifically justified and critical judgments about the priority of public law: "First of all it is necessary to clearly define the scope of public law, for all the rest should be covered by private law. The boundaries and the scope of public law in its purest form should be clearly marked, so that the public law and private law it is stronger, would not be appropriated not usurped himself what he transcends. As in relation to public law, is a fundamental feature of the public interest, for private law doctrine called private interest. The literature suggests that the "private interest is rooted primarily in the property relations (assignment, distribution, possession, exchange of material and spiritual wealth). The system of rules governing this type of relationship has been very conventional name. VM Korelskiy clarifies: "Private law is a legal expression of private property." Thus, as a general criterion, feature, features, and public and private law and one of the most important representatives of both legal families called interest -public and private. The status of the structure Y.A.Tihomirov right at the beginning of this century, assessed as "lively confrontation of public and private law." However, in his opinion, "this conflict is exaggerated, and most importantly - the peaceful coexistence of public and private law as a pair of categories, as the two legal pillars of the building." At the same time the leading theoretician of public law wrote about the presence of successful and unsuccessful "legal partnership" between the provisions of the Civil and Land Codes. In the context of the characteristics of the old and new control facilities Y.A. Tikhomirov writes about the presence of industries with a large share of publicly - legal institutions and norms. To those he refers, in particular environmental law. "And it requires a more precise their taxonomy, otherwise the political passions can "sweep" the individual institutions. " This caution particularly as we see, "come true" through

the institution of property in the nature.

In order to ensure peaceful coexistence, overcoming social development right negative trends developed or to be developed, under the new rules, taking into account new scientific criteria. As a goal, we should talk about the formation of an effective legal system.

     Along with signs, criteria of public and private law, another essential element of the scientific bases of property rights is obviously a classification of real rights, allocated in connection with these legal families. If there is a "thing" to ensure that private interests, and forming together an institution of civil property law, it is natural to assume the existence of things, designed to ensure the satisfaction of the public interest. And, accordingly, you should contact the institution of the public property law, in particular, the most significant element of it - the public property: state and municipal.

     In contrast to private law, in which a particular feature and feature private property named in the public right of property does not stand out as a separate feature. In his article, Y.A. conceptual Tikhomirov writes about property in general terms only in the context of the study of objects of regulation - both old and new.
     Taking into account the above provisions of the general theory of law on the basic attributes and criteria for public and private law in general, consider the question of the nature as an object of property rights.

Nature - a specific object in a "proprietary" right

Specificity of nature as an object of ecological relations in the right naturally determines not only the specifics of the relations regulated by it and form the subject of environmental law, and thus the specificity of "proprietary" rights, but also the role of most of the industry in the legal system. Writes about this in his latest publication - Testament environmentalists - OS Sausage. In his opinion, "Environmental Law should play a tremendous historical role - to become a counterweight to the rest of the law, standing guard over the property of wealth and associated power. Wealth and power (keep wealth to consolidate power) - is indestructible twofold evil, to which the right - a faithful servant. Right - this is a tool in the hands of the already prevailing in the society and individuals to keep multiplying his wealth by plundering others, as well as to strengthen their power. So it was for thousands of years, so it continues and now.
     With this essential function (orientation intended) nature of the right (natural environment, natural resources) were perceived as one of the physical attributes of the property as an object for profit, for the multiplication of private, group or national property. All other virtues, the nature of the usefulness of masks and pushed into the background or no notice. The right never accepted fully the nature, full use value, in its entirety, in its integrity. It can be said, the principle of law, which no one has ever said or wrote. And this principle continues to operate today, though much has changed in the world by the end of the second millennium. "
Judgments O.S. Kolbasova of particular relevance at the present stage, in a civilization crisis, largely generated by the liberal values of the capitalist system and the market economy-oriented. This temporal aspect is essential in terms of identifying the causes of the crisis in the development of civilization. It has a direct bearing, in particular, to the world is experiencing a civilization crisis. And, accordingly, can not be considered in law as a condition for overcoming the crisis. Achieving property wealth through immense, predatory exploitation of nature. To strengthen the authority of the Kazakh government and the preservation of its potential, not only natural, Kazakhstan faces the task optimally, the most reasonable, not only to meet short-term power interests, to dispose of nature.

List of references:

1. Stepin V.S. Theoretical knowledge. M., 1999. P. 195.

2. Russia in a globalizing world: the philosophical and socio-cultural aspects. M .: Nauka, 2007. P. 20.

3. Kudryavtsev G.A., Vasiliev E.N. Things // Legal Encyclopedia. Ed. BN Topornino. M .: Jurist, 2001, p 126.

4. Khalfina .: PO The criterion of truth in the science of law // the Soviet state and the right. 1974. № 9. S. 27.

5. Alekseev S.S. Rights theory. M.: BECK, 1993. 28 pp.
6 State and law. 2009. № 7. S. 25-37; Brinchuk M.M. Law as natural resource degradation, society and the state // r States countries and the right. Number 4. 2012. pp 29-38.