Distinctive Features Of Legal Relations In The Area Of Subsoil Use, Renewal And Protection In Ukraine (original) (raw)
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Administrative and Legal Regulation in the Field of Subsoil Use in Ukraine and Foreign Countries
Journal of Legal, Ethical and Regulatory Issues, 2021
The article is devoted to the study of the features of administrative and legal regulation in the field of subsoil use. The essence of the category of administrative and legal regulation, as well as the mechanism of administrative and legal regulation in the field of subsoil use, is revealed. The legal basis of state regulation in the field of subsoil use in some foreign countries, in particular, in North America (for example, USA, Canada), European countries (for example, France, Germany) and CIS countries (for example, Kyrgyzstan and the Republic of Kazakhstan) are determined. Given the study of foreign practice of administrative and legal regulation in the field of subsoil use, the experience of the Republic of Kazakhstan has been recognized as positive, in particular, on the normative enshrinement in the Subsoil Code and subsoil use of basic principles in the field of subsoil use. Administrative and legal regulation in the field of subsoil use in Ukraine has been investigated by studying the legislative and organizational components. In the context of the above, it has been found that the regulatory framework for the implementation of state regulation in the field of subsoil use in Ukraine has a large number of regulations (both legal and substatutory). The system of state regulatory bodies in the field of subsoil use is represented by bodies of state power and local self-government, whose powers to use subsoil are determined by the norms of current Ukrainian legislation. The author's definition of the essence of the concept "administrative and legal regulation in the field of subsoil use" is given.
Legal Regulation of Environmental Problems of Coal Mining in Russian Federation
E3S Web of Conferences
The legal side of subsoil use is one of the cornerstones of creating conditions for the transition to sustainable development. The will of the state - the guarantor of taking environmental measures should be implemented in the relevant legislative acts. The authors consider the main directions of legal regulation of the coal mining process in the territory of Russia. Basic legal documents regulating relations in the sphere of subsoil use of the Russian Federation are considered, problems of legislation on subsoil, water resources and land use are identified, and the main directions for its improvement are outlined. Also, a comparative analysis of the legal documents of the Russian Federation in this area is provided, that shows the obvious shortcomings of this issue from the point of view of the legislation.
The content of one of the most prospective variants of transition of the Russian economy to an innovative way of development on the basis of the leading sector of energy supply in the economy of Russia is stated in this article. Objectively, it is one of the most science intensive areas, differing by the uniqueness of each of its objects, the prospecting and development of which are related to research and analytic activity in specifying the features of deposits, characteristics and qualities of layers, and the parameters of boreholes. The concept of the formation of an innovative cluster of effective subsoil usage in Pritom’e, which is created with allowance to the unique position of the Tomsk scientific and educational complex at the periphery of the two biggest territorial provinces of energy resources, such as western Siberian oil and gas and Kuznetsk coal, located not far from the greatest deposits of rare metals.
Mining of Mineral Deposits, 2020
Purpose is to study and develop the economic and legal model of small atypical coal mines basing upon the analysis of the operations under contractual condition of public-private partnership as well as upon adequate legislative and engineering support in the context of pressure of internal and external factors. Methods. The study has been carried out with the use of economic and legal approach being the evaluation of actual technoeconomic activities of the two market participants, i.e. small atypical mine and state-owned mining enterprise, identification of their interaction problems and determination of obstacles preventing from their cooperation. Component two of the approach is the analysis of available (legal) mechanisms for regulatory management of relations between the two market participants as well as formulation of appropriate proposals to conclude such an economic agreement which would satisfy demands and involve governmental interests and interests of a private investor (partner). Findings. It has been determined that economic contracting under the conditions of engineering as well as procedural and institutional operational dependence of a small atypical coal mine, and hypothetical liquidation of a state-owned coal mining enterprise is possible under the conditions and in accordance with the procedure by the legal system of Ukraine. A type of agreement concerning mutual provision of services with the required appendices has been identified to normalize production activities, to control operational safety, and to minimize the socioeconomic results of such potential conservation (liquidation) of unpromising mines. Originality. Innovative model of legal support for a small atypical mine establishment and operation has been developed which has never been formulated in such a proposed manner in Ukrainian scientific sources, and in the foreign ones. Practical implications. The study results may be applied to develop business relations in the context of a coal industry, i.e. to establish small atypical mines, to solve the severe socioeconomic, investment, and environmental problems of coal mining Ukrainian regions with unpromising mining objects, and to exercise influence on the contents of a concept aimed at extraction industry reforming as well as its implementation plan.
Resources
Fresh groundwater, as an essential component of global water resources and a special type of mineral wealth, has a whole set of features that affect social infrastructure, the economy and the environmental well-being of the population. At the same time, groundwater is vulnerable and limited despite its replenishable nature and vast reserves. Recently, in some countries, the practice of extracting groundwater resources by private individuals on their territory has been actively spreading, but not in all states. This is considered acceptable and is enshrined in national regulations. Uncontrolled exploitation of aquifers by small water users can affect the safety of ecosystems and the depletion of drinking groundwater reserves. In this regard, the state policy and system for regulating access to groundwater resources for all subsoil users should be based on a well-thought-out concept. This article is devoted to the organizational, economic, and regulatory issues of groundwater extracti...
Groundwater Management in Ukraine and the EU
European Journal of Sustainable Development, 2019
The purpose of our scholarly work is to explore legal regulation of sustainable use and protection of groundwater resources in Ukraine and the EU. Our study is organized around the following main issues: groundwater management, legal regulation of monitoring of groundwater resources, protection of groundwater from nitrate contamination. In this paper we review the current situation in groundwater policy in Ukraine, discuss the problems related to this situation and present recommendations for their solution. Based on comparison analysis differences and common problems of protection of groundwater resources in Ukraine and EU member states were determined. Ways of improving the mechanism of groundwater monitoring in Ukraine were proposed. Prevention of water pollution due to runoff of nitrates from agricultural lands was considered.
The Journal of World Energy Law & Business, 2018
The Russian Federation has an acute problem of orphan and runaway oil and gas wells. Deficiencies in the decommissioning requirements under Russian law are one of the main causes of the problem. The principal aim of this article is to explore the legal origins of barriers to effective and efficient decommissioning in Russia and propose potential solutions. The article begins with an overview of the current legal and regulatory framework governing permanent and temporary decommissioning in the context of the Russian legal system's particularities. A critique of the contradicting statutory and regulatory provisions and excessively prescriptive requirements is offered. The article continues with exploring the problem that compounds the shortcomings of the decommissioning legal framework-a misalignment of the legal status of a well under property laws and the laws and administrative regulations governing oil and gas well decommissioning. The article concludes with recommendations regarding the initial step to remedy this complex and compounded problem.
СOLLISIONS OF SUBSOIL OWNERSHIP IN A TRANSITIONAL ECONOMY BY THE EXAMPLE OF MODERN KYRGYZSTAN
Eurasian Mining, 2023
The mining industry in Kyrgyzstan is facing stagnation. There are 70 explored gold ore deposits in Kyrgyzstan with total reserves and resources above 68.3 million ounces, still no more than 10 that are under operations or being operated. According to legislation the investor can become a license holder, that can be withdrawn quite easily since the license regime does not determine the conditions of ownership for the subsoil product, No regulation exists! Thus Kumtor gold mine project had been taken over after 25 years of holding the license and successful operation, No matter that Kumtor has been "protected" via signing of concession and investment agreements. So far, all the parties in mining industry of Kyrgyzstan are in an environment mistrust led by institutional misconduct. Thus, investors are forced to ensure political risks by increasing the incoming cash flows in the shortest possible time, understanding that political situation is likely to be changed, No matter what changes are, institution of resource nationalism has been created as default mechanism in general. Legally rights of the owner of resources, are limited by red tape tools management of administrative government agencies, while there are no normative procedures regulating subsoil use.
Aspects of Formation of Legal Status of Subterranean Depths
SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law, 2021
The aim of the study is to identify and investigate ownership trends in exploration and use of subterranean depths of Latvia, by examining aspects of legal status of subterranean depths. The following methods were used as part of the study: (1) analytical method used for gaining and analysing the amount of information obtained, as well as for structuring research work; (2) comparative method for analysis and comparison of legal frameworks between European continent countries for the use of subterranean depths in regulatory enactments; (3) empirical method based on facts obtained objectively and systematically through collection of information. The main results of the study include: 1. Today, when society’s demand for energy is growing rapidly to ensure the well-being of society, and technology is evolving more rapidly so that energy resources can be used in an increasingly economic way, it is important to be able to separate the public’s common interest and private interest in energ...
Gestión estatal y regulación legal del uso del subsuelo: aspectos teóricos y legales
2019
The article is devoted to the theoretical and legal relationship disclosure between the concepts of state management and legal regulation in the field of subsoil use. While the legal aspect of the problem has been analyzed, the issues of subsoil use are coupling with the issues of legal regulation; the study is conducted from the standpoint of theoretical and legal science as well. It has been concluded that both the of state management subsoil use and the legal regulation of subsoil use are inextricably linked, and the ultimate goal of them both is the law formation in society. There are some practical conclusions given as the results of studying the theoretical and legal relationship between the concepts of state management and legal regulation in the field of subsoil use. As a result, it has been concluded that the state management of subsoil use in the Russian Federation must be determined by law.El artículo está dedicado a la divulgación de la relación teórica y legal entre los...