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Polenov R.V. On the Procedure for Granting Use of Subsurface Areas of the Continental Shelf

DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.23

Roman V. Polenov, Assistant Lecturer, 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, there are a number of negative trends that indicate the need to review the ways of approach to the relations on the geological study of the subsoil. Purpose: to identify the problems in the procedure for granting use of subsurface areas of the continental shelf. Methods: the methodological framework for the study is based on the methods of scientific knowledge, among which the main ones are the methods of system, analysis and comparative law. Results: the paper is devoted to the legal regulation of the procedure for granting use of subsurface areas of the continental shelf. Special attention is paid to the latest changes in the legislation related to the cancellation of granting use of subsurface areas of the continental shelf without an auction. The responsibilities of the persons engaged in mining on the continental shelf are considered. The study of the features of the use of mineral resources, the legal regulation and the scientists’ opinions on this issue is conducted. The opinion is formed on the need to make changes to the current legislation regulating the granting use of subsurface areas of the continental shelf. Conclusions: the state should not impose artificial restrictions that prevent a number of successful companies (including foreign companies) that have the necessary resources to carry out mining in difficult conditions from accessing the mineral extraction on the land plots of the continental shelf. In our opinion, it is necessary to act using exclusively civil remedies, but at the same time using such public legal instruments as effective taxation, the presence of certain subsidies when carrying out works on the geological exploration of the subsoil, and then on their extraction, but if all the conditions set, including the environmental ones, are met.

Key words: energy law, business activity, subsoil use, continental shelf, mining, minerals, subsoil.

Citation. Polenov R.V. On the Procedure for Granting Use of Subsurface Areas of the Continental Shelf. Legal Concept, 2020, vol. 19, no. 1, pp. 158-163. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.23

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