Legal issues and the peculiarities of land protection at the subsurface use

Автор: Institute Of mining and energy law Of gubkin russian state university Of oil and gas A.

Журнал: Вестник Академии права и управления @vestnik-apu

Рубрика: Теория и практика юридической науки

Статья в выпуске: 3 (52), 2018 года.

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The article considers the peculiarities of subsurface use as a kind of economic activity, characterized by a significant negative impact on the surrounding environment and its component such as land. Based on official statistical data, the analysis of the extent of disturbed and reclaimed lands, their correlation, as well as the volume of subsurface users' investments in environ- mental protection activities, is carried out; it is concluded that this is necessary to formulate and develop a legal mechanism for land protection, taking into account the significant impact of geological prospecting, exploration and mining on the state of land in the Russian Federation. The doctrinal and legal definitions of land protection are considered, and it is proposed to establish the minimization of negative impacts on land and soil as one of the objectives of land protection. The peculiarities of the subject composition and complex of measures for the protection of lands carried out by subsurface users are revealed. Some drawbacks of legal drafting are noted, and proposals to improve legislation in the sphere under consideration are made. On the basis of the research, it is concluded that it is necessary to take into account the specifics of the mining industry in the legal regulation of land protection.

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Land, land plot, land protection, negative impact, subsurface resources, subsurface use, land law, mining law

Короткий адрес: https://sciup.org/14120261

IDR: 14120261

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