Baybekova E.F., Dzhumagazieva G.S. Problems and Prospects of Developing the Legal Regulation of Subsoil Rights Transfer in Russia
DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.20
Elmira F. Baybekova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Corporate Law, Astrakhan State University, Tatishcheva St., 20A, 414056 Astrakhan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Gulnara S. Dzhumagazieva, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law, Astrakhan State University, Tatishcheva St., 20A, 414056 Astrakhan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the article is devoted to the problems and prospects of developing the legal regulation of subsoil use transfer in the Russian Federation. For this purpose, the authors analyze the development and ways of improving the legislative regulation of the relations regarding the transfer of subsoil rights in the Russian Federation, as well as make proposals to improve the legislation in the field of regulating the transfer of the right to use subsoil plots on the basis of a comprehensive study of the legal norms. Using the methods of scientific knowledge, primarily the method of system analysis, in order to identify the areas of improving the Russian legislation in the field of regulating the transfer of the right to use subsoil plots, the authors have analyzed the legislation of the Russian Federation in the field of subsoil use, as at present, for attracting more investment and the overall developing of the subsoil market, the state is taking measures to improve the regulatory framework in this area. Results: the legal regulation of public relations in the field of subsoil use should guarantee the protection of the interests of the state as the owner of subsoil and the persons entitled to use subsoil. A special function of the transfer of the right to use a subsoil plot is that it is a way of transferring the right to use a natural resource that belongs to the state between the entities. Conclusions: at present, the law fixes exclusively the public law procedure for the transfer of the right to use a subsoil plot, as for the transfer of subsoil use rights a decision of the competent executive authority is necessary. There is a prospect of transition to civil law in this area, but it will require the development of a large regulatory framework to prevent the uncontrolled transfer of the right to subsoil use.
Key words: subsoil, subsoil use, transfer of rights, state, natural resources, current legislation, qualification requirements, participant of legal relations.
Citation. Baybekova E.F., Dzhumagazieva G.S. Problems and Prospects of Developing the Legal Regulation of Subsoil Rights Transfer in Russia. Legal Concept, 2018, vol. 17, no. 3, pp. 146-153. DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.20
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