Недостатки действующего порядка предоставления недр в пользование для образования особо охраняемых геологических объектов

Abstract

The article is devoted to the study of problems of legal regulation of granting the subsoil use right for the formation of specially protected geological objects. A number of shortcomings of the procedure for granting such a right is identified, including the lack of obligation of the State agencies to verify the mining legal capacity of the applicant. Particular attention is paid to identifying the content and legal nature of the concept of recognition of a subsoil area as a specially protected geological object. The author concludes that the recognition of a subsoil area as a specially protected geological object is essentially the establishment of a regime of specially protected natural territory in relation to such area. The argument is substantiated that within the procedure for granting the subsoil use right for the formation of specially protected geological objects the key importance should be given to the analysis of the applicant’s proposals on the terms of use of the subsoil area to determine whether they ensure the rational use and protection of the subsoil area, effective and safe use of the specially protected geological object for the purposes planned by the applicant. In the conclusion there is a proposal on the need to make a number of amendments to the by-law establishing the procedure for granting subsoil use right for the formation of specially protected geological objects in order to eliminate a number of identified defects in the subsoil legislation.