Экономико-правовые аспекты добычи минеральных ресурсов

The article examines the concept of use of natural in Environmental Law. It has been shown that both in law and in legal science, the concept is unreasonably used in the following meanings: sustainable use of natural resources, the use of natural resources that does not make their exploitation difficult, the use of natural resources that does not entail violation of the legislation, etc Two common legal criteria for the rational use of all natural resources have been identified: (1) achieving maximum efficiency of their use at the current level of the technique and technology development (2) with such a level of negative impact that the environment can handle itself On the basis of the named criteria, the rational use of any natural resources suggests understanding of the use of natural resources characterized by maximum efficiency in terms of the balance of private and public interests in environmental law in compliance with the current level of technological development and the extent of the negative impact that the environment is able to cope with itself because of its assimilating capacity The article defines legal differences between rational use of natural resources and their sustainable use. Also, it formulates additional legal criteria that separate the rational use of renewable and non-renewable natural resources An additional legal criterion for the rational use of renewable natural resources includes enhancement of sustainability of natural ecological systems, natural and natural-anthropogenic objects. Additional legal criteria for the rational use of non-renewable natural resources include: their most efficient use and/or extraction; their economical consumption with minimum losses at the current level of technology development It is suggested that the rational use of renewable natural resources means the use that results in strengthening natural ecological systems sustainability, natural and natural-anthropogenic objects. Rational use of non-renewable natural resources means their most efficient use and/or extraction, their economical consumption with minimum losses at the current level of technological development and such extent of the negative impact that the environment is able to overcome independently

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.

This article analyzes the role and importance of legal support for the rational use of natural resources. Based on scientific and legal judgments, the main directions of the environmental policy of the state in the field of rational use of natural resources and issues of further improvement of natural resource legislation are substantiated. The author pays special attention to the definition of such concepts as: “use of nature”, “use of natural resources”, “rational use of natural resources”, “sustainable development” and “legal regime for the rational use of natural resources”. The general and specific features of the legislative acts of the Republic of Uzbekistan, in the field of rational use of land, water, subsoil, flora and fauna are analyzed. The main shortcomings of the legislation in this area are outlined; conclusions and recommendations are outlined for improving legislation in the field of rational use of natural resource legislation.

In modern conditions of gradual depletion of natural resources, natural capital is becoming the main limiting factor of production systems. The dominant trend of exceeding the rate of use of natural resources over the growth rate of production leads to exclusive attention to the need to increase the productivity of natural resources in solving environmental problems and problems of rational use of mineral resources. The resource potential created in Ukraine, its uniqueness, scale of development, relevant infrastructure objectively determine in the long run the preservation of a significant share of the mineral complex in social production. The inefficiency of the technical and economic mechanism of subsoil use leads to large losses of minerals, which makes it objectively necessary to form conceptually new approaches to the rational use of natural resources. Strategic resources are a prerequisite for increasing not only economic but also environmental efficiency: the production of industrial waste is several times lower than from extracted natural raw materials, which creates the preconditions for increasing the profitability of the enterprise. Rational use of natural resources allows to increase volumes production per unit of resource, reduce costs marketable products, expand the market niche of the enterprise and optimize the size of penalties for environmental pollution. It is also crucial solving environmental problems: reducing the area of land that are taken away under dumps; reduction of the volume of stored waste and dustiness of the territory, etc. In view of this, it can be argued that strategic resources produce opportunities for synergy of environmental and economic results through rational use of natural resources. Development and implementation of management decisions aimed at ensuring a balance of resources enterprises is a combined process, which is based on use of various management methods and tools appropriate to the current conditions and development objectives of the entity.

The purpose of the study is to determine the most optimal ways to solve the problems of financing the implementation of environmental protection measures formulated based on the positive experience of foreign countries in the field of ensuring the rational use of natural resources. Methodology. The method of comparative legal research was used to analyse foreign experience in the application of economic mechanisms for ensuring the rational use of natural resources, and the methods of modelling, analysis, and synthesis allowed determining the directions of increasing the efficiency of economic incentive use in Ukraine. Research results. Based on the studied experience of legal regulation of the application of economic mechanisms for ensuring the rational use of natural resources in the countries of the European Union, the United States of America, Great Britain, Canada, and other foreign countries, it was concluded on the expediency of its implementation in Ukraine. The author determined the appropriateness of the introduction of tax privileges of economic activity of entities that promote the use of advanced technologies, which contribute to reducing the negative impact on the environment. The expediency of application in Ukraine of an extensive system of taxation of activities associated with the use of natural resources by means of activating the introduction of direct taxes paid directly by natural users is substantiated. The practicability of inclusion of payments for obtaining appropriate special permits (licenses), which are granted not only for the use of natural resources but also for the activities related to environmental pollution, in the system of economic mechanisms for ensuring the rational use of natural resources is substantiated. The practical importance of the study. The expediency of introducing in Ukraine the approach of financial substantiation of national and regional programs in the sphere of natural resources utilization, which are realized at the expense of state and local budgets and successfully applied in foreign countries, is proved. The originality of the research. The results and conclusions of th e research can be used in the process of improving the legal regulation of the application of economic mechanisms for ensuring the rational use of natural resources.

It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.

Introduction. The processes of globalization and social transformation have made environmen-tal conservation a priority, and therefore require some action to be taken to address environ-mental issues and the rational use of natural resources. The solution of the existing problems depends to a great extent on the functioning efficiency of the financial security system established in the country, the established composition and the volume of financing sources and certain directions of their use, which necessitates their scientific-based analysis. The purpose of the study is to investigate the state of financing environmental measures in Ukraine, to study the directions, dynamics and structure of costs for environmental protection, identifying features of financing environmental protection. Results. The comprehensive analysis of the dynamics of costs for environmental protection and rational use of natural resources is carried out. The main components of environmental expenditures are identified. Costs for environmental protection and rational use of natural resources by financing sources have been structured. The dynamics and structure of capital investments by nature conservation measures are investigated. The dynamics of the share of expenditures for environmental protection and rational use of natural resources in the GDP of Ukraine, as well as the share of capital investments (environmental) in the structure of capital investments of Ukraine are analyzed. The features of the current state of financing environmental protection and rational use of natural resources are highlighted. Conclusions. The results of the research made it possible to identify the main problems in the field of financial support for environmental protection and to outline the ways of their solution. The necessity of investments mobilization into nature protection activity is proved through development of appropriate means of economic stimulation and their legislative fixing, which will allow to solve the problem of financial support of environmental protection by diversification of financing sources. Keywords: costs for environmental protection, environmental activities, environmental measures, recurrent costs, capital investments, cost structure, financial support.

The article provides a comprehensive analysis of the financing actions of ecological and economic development in Ukraine with the identification of the main disadvantages and perspective ways of improvement. The differences between financing environmental protection measures and actions of ecological and economic development are found out. Environmental measures grately involve expenditure of a forced, restrictive nature. Instead, financing actions of environmental and economic development aims at stimulating environmental investment and innovation, which in the long term, usually long–term, can provide them with profits and competitive advantages. The dynamics, directions of expenses on protection and rational use of natural resources in Ukraine are analyzed in the focus of the ratio of current expenditures and capital investments. It was revealed that the main part of expenses was spent on the treatment of reverse water and waste management, on radiation safety, air protection and climate change. A very low share in the structure of the expenses for protection and the rational use of natural resources for the financing of scientific research works of the directions of environmental protection was revealed. The analysis of the dynamics of expenditures on protection and rational use of natural resources for the period of 2006–2016 showed an increase of 3.7 times in terms of current expenditures and a 6.1 times increase in the volume of capital investments in environmental protection. The analysis of the structural trend in the ratio of current costs and capital investments confirmed the reduction of the former, but still prevail over capital investment. The volume of investments in capital reinnovation of the main means of environmental protection was investigated, which showed a reduction of the share of investments at the expense of own funds of enterprises, organizations and institutions. The branch structure of expenditures on protection and rational use of natural resources in Ukraine with a special attention to resource–intensive types of economic activity is disclosed. Excessive differentiation of the capital investments share in the context of various spheres of management was identified. The possibility of financial resources mobilizing due to the targeted support of those areas that are less monopolized, more flexible and innovative and characterized by a positive tendency of capital investment growth for protection and rational use of natural resources is substantiated.

Экология бўйича янги қонунчилик соҳасида амалга оширилган ислоҳотлар натижасида, биологик хилма-хиллик, ўсимлик ва ҳайвонот дунёси, озоқ-овқат хавфсизлигини таъминлаш, ўрмонлардан фойдаланиш ҳамда экологик хавфсизликни таъминлаш, экологик сиёсат, табиий ресурслардан оқилона фойдаланиш билан боғлиқ масалалар ўз акини топган.

Статья посвящена вопросам рационального и эффективного использования природных ресурсов России, а также работы предприятий минерально-сырьевого комплекса страны в динамично меняющихся условиях. Отмечена актуальность пересмотра подходов к освоению недр в связи с новыми экологическими требованиями, а также роль различных видов производственных ресурсов. Особое внимание уделено подготовке специалистов предприятий комплекса в данном процессе – проанализированы сложившиеся в России подходы к подготовке кадров и их результативность. Рассмотрены основные направления Стратегии развития минерально-сырьевой базы Российской Федерации до 2050 года, в том числе, в части кадрового обеспечения. На основании анализа документа сделаны выводы о необходимости совместного участия государства, бизнеса и сотрудников в подготовке высококвалифицированных кадров для ключевых отраслей, обеспечивающих эффективное и устойчивое развитие экономики всей страны, рациональное использование природных ресурсов. The article is devoted to the issues of rational and efficient use of Russia's natural resources, as well as the work of enterprises of the country's mineral resource complex in dynamically changing conditions. The urgency of revising approaches to subsurface development in connection with new environmental requirements, as well as the role of various types of production resources, is noted. Special attention is paid to the training of specialists of the enterprises of the complex in this process – the approaches to personnel training that have developed in Russia and their effectiveness are analyzed. The main directions of the Strategy for the development of the mineral resource base of the Russian Federation until 2050, including in terms of staffing, are considered. Based on the analysis of the document, conclusions are drawn about the need for joint participation of the state, business and employees in the training of highly qualified personnel for key industries that ensure the effective and sustainable development of the economy of the whole country and the rational use of natural resources.

Problem setting. Given the invasion of Ukraine by the aggressor country, the implementation of the state environmental policy is of particular importance today, and its effective implementation requires the use of effective tools, improvement of current legislation and strategic planning, taking into account the need to intensify European integration and adopt EU best practices in this area. Therefore, the urgent issue now is to identify ways to increase the efficiency of state policy in the environmental sphere, to formulate and optimize the regulatory and legal support for the implementation of state environmental policy. Analysis of recent researches and publications. The issues of implementation of the state environmental policy and the problems of improving the system of public administration of environmental safety have been considered by many scientists. For example, I. I. Samoilova [1] in her scientific works investigated the potential of the public administration system in Ukraine and the issue of its use to ensure environmental safety. Р. S. Kirin and S. V. Hryshchak conducted a comprehensive study of topical issues of ensuring and implementing environmental rights in the strategies of the State environmental policy and security of Ukraine during the wartime period and substantiated that the challenges of the wartime period determine the formation of an appropriate set of legal instruments with the help of which a platform should be built for direct or indirect measures to prevent, protect and restore the environmental rights of citizens violated by armed aggression, including an international mechanism for the restoration of environmental rights. Despite the sufficient number of scientific papers, the chosen research topic requires additional developments due to the need for scientific research on ways to improve the efficiency of state environmental safety and ensure environmentally balanced development of the state. Purpose of research is to study the topical issues of implementation of the State environmental policy in modern conditions and to identify possible areas for its improvement. Article’s main body. In the context of martial law, theoretical and practical issues of effective implementation of the state environmental policy, taking into account the existing processes of deepening the environmental crisis, are gaining particular relevance and new features. Modern processes of greening the world economy based on the concepts of sustainable development, rational use of natural resources and green economy require an effective environmental policy of the world community, with a long-term vision of state changes in accordance with the principles of balanced development laid down in strategic legislative and regulatory documents, but each developed strategy aimed at environmental protection and rational use of natural resources requires a clear mechanism for the implementation of the relevant legislation. That is, the development of relevant strategies requires the implementation of a well-established clear mechanism and consistency with the norms of the current legislation in the field of environmental protection and rational use of natural resources. The provisions of important strategic documents were analyzed, such as: The Basic Principles (Strategy) of the State Environmental Policy of Ukraine until 2030, the National Waste Management Strategy in Ukraine until 2030, and the Strategy for Environmental Security and Climate Change Adaptation until 2030. Some issues of implementation of regional programs on environmental protection, rational use of natural resources and environmental safety are considered. Conclusions and prospects for the development. As a result of the study, it is reasonable to conclude that there are systemic problems in the implementation of the state environmental policy, in particular, the implementation of national and regional strategic priority areas, which require updating the relevant mechanisms for implementing environmental policy, including institutional ones. In addition to the above, it is now necessary to harmonize current legislation with strategic planning documents. That is, the current legislation in the field of environmental security should be correlated with the relevant strategic directions and state programs, which is extremely important in the context of the need to restore the national economy and all components of the country's national security on the way to EU membership.

The problem of rational use of resources is a priority for all mankind, which is confirmed by the presence of many national and interstate programs in the field of environmental management, resource conservation and improving the efficiency of environmental management. Forest complex play a special role in the rational use of natural resources. Forestry has a long process of reproduction, so a set of measures for the use, safety, integrity, reproduction of forests and the balance of the forest resources market conjuncture is necessary. A long-term national strategy is needed to achieve sustainable economic growth. Canada, Sweden, Finland, Latvia, Belarus, and China have national strategies for the forest sector development on 10-20-50 years. The strategic planning process in the forest sector is ambiguous and controversial; it includes the coordination of different interests of actors and economic-mathematical modelling, assessment of the effectiveness of environmental management and resource management. The research objective: strategic planning analysis in the above-mentioned countries forest complex in the context of natural resources rational using. The following factors were identified: the sequence of making economically significant decisions by the State; the strengthening role of the public in the decision-making process on the forest resources rational using.

The article examines the legal framework for environmental security in the context of globalization. Attention is focused on interstate cooperation in the field of health security. Particular attention is paid to the relationship and correlation of international and national legal acts. The task to unite the efforts in the international community for ensuring the safety of the human environment is being actualized. In modern conditions, the depletion of natural resources and the adverse effects of environmental degradation are an obstacle to sustainable development. Negative trends are recognized land degradation, loss of biodiversity, lack of drinking water, droughts, desertification, aggravating new problems. It is concluded that it is necessary to carry out a set of measures to preserve the environment. Issues related to the rational use of natural resources, seas, oceans, freshwater resources, mountains and forests and protection of wild flora and fauna require solutions within the international community. The importance of international cooperation and consolidation of resources to combat desertification, drought and land degradation is increasing. The international community in the field of environmental protection should be focused on the prevention and limitation of harmful effects on the environment, the rational use of international natural resources and the protection of unique natural objects through conservation from human economic influence. Changes are required in the environmental policies and legal frameworks of states. Consolidation is required by the resources of both government agencies and civil society, including youth, trade unions, the media, academia, the private sector and others.

The paper systematizes the directions of the state policy in the field of environmental on the following grounds: 1) the elements of environmental protection or elements of environmental safety; 2) actions reflecting the content of rationality; 3) renewability of natural resources; 4) the object of the nature; 5) the components of the natural environment. The grounds determined for classification helped to identify overlaps in the ideas and attitudes to environmental set out in numerous Russian political and legal instruments of environmental character and to determine internal contradictions. At the policy level, environmental is recognized as the basis for long-term economic sustainability. However, its content is poorly developed. There is no terminological unity regarding the most effective use of the natural environment. Unequal in essence, the terms nature natural resource sustainable natural resource management and safe nature management are used interchangeably. An unreasonable confusion of issues of environmental management, environmental protection and environmental safety is taking place. Environmental is not endowed with specific legal characteristics. It is incorrectly described as environmentally sound or sustainable of the environment. Due to the incompleteness and inconsistency of the state policy in the field of environmental management, there is practically no law enforcement practice reflecting the implementation of the relevant policy directions. Judicial interpretation concerns only some participants of the rational use of natural resources or the rational use of certain natural resources.

During the years of independence, special attention has been paid to the issues of conservation and rational use of natural resources in Uzbekistan, ensuring a favorable natural environment for present and future generations. Tasks in this area and large-scale programs aimed at addressing the problems of stabilizing the environmental situation in the country require further strengthening the joint efforts of government agencies, public associations, other civil society institutions and citizens. In general, during the years of independence, important organizational, socio-economic and legal measures have been developed and implemented to ensure environmental security. The measures taken have made it possible to reduce air pollution, improve major open water flows, reduce the use of pesticides, improve the structure of arable lands, and involve international organizations in solving national environmental problems. The ecological stability of some regions of the country is ensured, first of all, through the rational use of rich natural resources.