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Polenov R.V. Features of Legal Regulation of the Geological Study of Subsurface Resources

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.24

Roman V. Polenov, Postgraduate Student, Department of Civil Law, Kuban State Agrarian University named after I.T. Trubilin, Kalinina St., 13, 350044 Krasnodar, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9359-8050


Introduction: despite the fact that this country has large mineral resources, which are the main economic base of the state, however, there are a number of negative trends that indicate the need to revise the approach to relations in the geological study of subsurface resources. Purpose: to identify the problems of legal regulation of the geological study of subsurface resources. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of legal regulation of the geological study of subsurface resources in the Russian Federation. The necessity of transition from the administrative and legal methods of regulation of the geological study of subsurface resources to the civil methods and the need to make significant amendments in the current legislation governing the relationship of the geological study of subsurface resources are substantiated. Conclusions: the administrative and permissive methods should be replaced by civil ones, which is confirmed by the successful implementation of this approach on the example of developed foreign countries. Besides, it requires a clear legislative recognition of the concepts such as “geological studies”, “mineral exploration”, “mineral prospecting “ and “evaluation of mineral resources”. As a result of the weak legal regulation of this issue, the stage of the geological study of subsurface resources is often understood as different processes, which creates problems in the law enforcement practice. In addition to this, it is necessary to provide a number of guarantees for subsoil users engaged in the geological study of subsurface resources, especially in the areas of the continental shelf, in order to ensure the stability of civil relations, which is a fundamental factor for investors.

Key words: energy law, geological study of subsurface resources, entrepreneurship, subsurface management, contract, subsoil.

Citation. Polenov R.V. Features of Legal Regulation of the Geological Study of Subsurface Resources. Legal Concept, 2019, vol. 18, no. 2, pp. 147-152. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.24

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