Features of legal regulation of the geological study of subsurface resources
Автор: Polenov Roman V.
Журнал: Legal Concept @legal-concept
Рубрика: Правовые проблемы охраны окружающей среды и использования природных ресурсов
Статья в выпуске: 2 т.18, 2019 года.
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Introduction: despite the fact that this countryhas large mineral resources, which are themain economic base ofthe state, however, there are a number of negative trends that indicate the need to revise the approach to relations in the geological study of subsurface resources. Purpose: to identify the problems of legal regulation of the geological study of subsurface resources. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of legal regulation of the geological studyofsubsurface resources in the Russian Federation. The necessity of transition from the administrative and legal methods of regulation of the geological study of subsurface resources to the civil methods and the need to make significant amendments in the current legislation governing the relationship of the geological study of subsurface resources are substantiated. Conclusions: the administrative and permissive methodsshould be replaced bycivil ones, which is confirmed bythesuccessful implementation ofthisapproach on the example of developed foreign countries. Besides, it requires a clear legislative recognition of the concepts such as “geological studies”, “mineral exploration”, “mineral prospecting“ and “evaluation ofmineral resources”.As a result of the weak legal regulation of this issue, the stage of the geological study of subsurface resources is often understood as different processes, which creates problems in the law enforcement practice. In addition to this, it is necessary to provide a number of guarantees for subsoil users engaged in the geological study of subsurface resources, especially in the areas of the continental shelf, in order to ensure the stability of civil relations, which is a fundamental factor for investors.
Energy law, geological study of subsurface resources, entrepreneurship, subsurface management, contract, subsoil
Короткий адрес: https://sciup.org/149130267
IDR: 149130267 | DOI: 10.15688/lc.jvolsu.2019.2.24