General conditions for compensation of damage caused to the subsoil

Автор: Shadanova Ruslana Rafailovna, Baldaeva Rimma Alexandrovna

Журнал: Современная цивилистика @modern-civil-law

Рубрика: Земельное право

Статья в выпуске: 1, 2024 года.

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The article discusses the general conditions necessary for the onset of civil liability for damage caused to the subsoil. The conditions and signs of civil liability, expressed in compensation for damage caused to the subsoil, are determined. An analysis of legislative norms is carried out, in particular the norms of the Civil Code of the Russian Federation, the Law “On Subsoil”, and the Federal Law “On Environmental Protection”. In order to achieve a proper legal understanding of the functioning in modern conditions of legal norms devoted to the issues of compensation for damage caused to the subsoil, a study of judicial practice and statistical data is carried out, including materials from judicial practice, as well as from lower courts. In particular, materials from regional judicial practice that developed in the Republic of Buryatia were studied. Based on the results of the study, a general trend is noted for compensation for damage on a voluntary basis, as well as the emergence of general prerequisites, expressed in the need to develop the institution of compensation for damage caused to the subsoil.

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Subsoil, minerals, harm, property damage, license, licensed activity, subsoil use, civil liability, offense, voluntary compensation for harm, recovery of damage

Короткий адрес: https://sciup.org/148329455

IDR: 148329455

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