Revisiting the concept of a recreational zone

Abstract

The article analyses various scientists’ points of view, as well as the legislation of Russia, Kazakhstan and Belarus, which regulates the legal status of recreational areas. The aim of the research work is the study of the effectiveness of environmental legislation in terms of the grounds for the emergence and registration of the right of recreational natural resources management, the analysis of legislation on recreational nature management and the identification of the peculiarities of this legal phenomenon, the development of recommendations and proposals aimed at improving environmental law. The method logical basis of the study is the modern doctrine of the interaction of economics and the environment, constitutional provisions in the field of nature management and environmental protection. In the work, general scientific methods were used: comparative legal, logical, systemic and historical methods. The novelty of the article lies in the fact that a definition of the right of recreational nature management is given and its classification is developed, a system of principles of the right of recreational nature management is developed, the place of norms on recreational nature management in the system of environmental law of the Republic of Kazakhstan is determined, the state-legal mechanism in the field of recreational nature management is studied, and also the ways to improve it were proposed, a comparative analysis of the legislation of the countries of the near abroad in the field of creation nature management is made. As a result, the author argues the conclusion that there is a need to regulate the use of existing terms. In this regard, a recreational zone should be understood as a part of the natural environment (natural habitat) or human environment (artificial environment), intended for recreation, restoration of the population’s forces.