Administrative responsibility for offenses in the field of subsoil use: theoretical and legal aspect

Abstract

The article is devoted to the study of theoretical problems related to the application of measures of administrative liability for offenses in the field of subsoil use.
 In the article the author emphasizes that in the field of subsoil use there is a significant range of problems, one of which is the unauthorized extraction of minerals, which causes irreparable damage to the environment. The author analyzes a significant range of offenses related to the illegal extraction of minerals (coal, amber) in Donetsk, Luhansk and Rivne regions.
 It is noted that ensuring legality in the field of subsoil use requires ensuring an effective mechanism of state coercion with the application of administrative liability for the rational use of subsoil.
 It is established that relations in the field of subsoil use are complex, both from the standpoint of legal content and from the standpoint of their role and place in the system of public relations, which necessitates a particularly balanced state policy in the field of subsoil protection and management.
 In the article the author emphasizes that the institute of administrative responsibility plays a special role in the state regulation of protection of relations in the field of subsoil use and is one of the effective means used for violations of subsoil legislation.
 It is noted that the institute of administrative responsibility in the field of subsoil use has significant shortcomings, both in terms of building the rules and in terms of the content of sanctions.
 It is proved that the content of the relevant articles of the Code of Ukraine on Administrative Offenses does not contain all the necessary provisions on administrative liability for offenses in the field of subsoil use, namely: illegal mining and subsoil protection measures.