Abstract
Within the study, the authors of the present article analyzed the acts of both Russian and foreign legislation in the field of legal regulation of geological survey, exploration and mining in terms of construction. Specific legal regulation regarding mineral resources is standing apart due to growing demand of the world economy in such strategic types of mineral raw materials as rare and rare-earth metals or hydrocarbon reserves that are difficult to recover. The article describes the characteristics of certain provisions of the legislation of foreign countries that regulate relations in geological study, exploration and mining, including those within the construction process. The authors classified the forms of conferring rights for geological survey, exploration and mining of minerals, as well as the types of project documentation in the field of mining for the extraction of minerals during construction. Two models of legal regulation of geological survey and exploration (that are defined as eastern and western models) are studied. The authors revealed that minerals appear as the main object of legal relations or as belonging to a certain land plot (subsoil plot) in mining and urban planning legislation of different countries.
Highlights
Modern legal science in Russia is developing in accordance with international experience in the field of jurisprudence and is constantly being improved under the changing political and economic environment
The analysis of the legal regulation of granting rights for geological survey, exploration and mining in Russia and in foreign countries revealed that today contractual legal forms for granting rights to geological survey, exploration and mining during construction, which are common in some countries at initiatory stages of development of legislation, are transformed into licensing-permitting forms
- agreements on granting rights for geological survey, exploration and mining of mineral resources with land owners, which include mining lease agreements and other contractual forms provided for by national civil and land laws, including rent; 3) intermediate forms of granting rights for geological survey, exploration and mining of mineral resources that cannot be fully attributed to any of the above forms. These forms may include modernized concessions existing in Latin America, as well as government contracts and government assignments for geological exploration of mineral resources enshrined in Russian legislation
Summary
Modern legal science in Russia is developing in accordance with international experience in the field of jurisprudence and is constantly being improved under the changing political and economic environment. The study of foreign law is one of the important areas of jurisprudence. Comparative jurisprudence develops and enhances the general legal and professional culture of a lawyer expanding his or her legal consciousness, but practical application of this knowledge is important, in terms of the continuously growing demand for comparing domestic and foreign law. There are more than 200 states in the world. There is no need of it since mining legislation is usually more developed in those countries where mining represents a significant part of the state budget income
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