Basis and Terms of the Transfer of Subsoil Use Rights: Legislation and Arbitrage Practice

Abstract

The article examines the institution of the transfer of subsoil use rights provided per license. Characteristics of basis and terms of such transfer are given. The terms for the transfer of rights are analyzed for their sufficiency to ensure effective and rational use of subsoil. The author provides an overview of judicial practice on invalidation of license renewal acts, application of restitution rule in case of transaction’s invalidity, compliance with the terms for the transfer. It is concluded that the current legal mechanism for the subsoil rights transfer has a number of defects. There is no clarity on applicability of civil law in case of transaction invalidity. The law provides neither criteria for the compliance with the transfer terms, nor a mechanism for checking their observance. There is no uniformity in establishing transition terms for different basis.