MODERN SYSTEM OF LEGISLATION ОN THE REGULATION OF PERMISSIVE RELATIONS IN THE SPHERE OF SUBSOIL USE: STATUS AND PROBLEMS

Abstract

The article examines the state and problems of legal regulation of permit relations in the field of subsoil use. The purpose of this article is to analyze legislation, identify debatable issues and outline prospects in the field of acquiring the right to use subsoil in the conditions of the post-war economic recovery of Ukraine. The methodological basis of the research was made up of general scientific and special legal methods of researching legal phenomena and categories. In particular, the study of the sources of the right to use subsoil, as well as mining and economic legislation, was conducted using the method of systematic analysis and the formal legal method. The classification of types of subsoil use was carried out according to the criteria of permit documents, type of activity (purpose of use), period of use, assessment of the impact on the environment, participation in the auction, need for a plot of land, possibility of alienation of the right to use subsoil. The general time sequence of the stages of the current auction procedure for providing the subsoil for use has been established. It is argued that the permit system in the field of subsoil use has an interdisciplinary nature, as it combines administrative services and organizational and economic relations. A modern system of normative legal acts ensuring the regulation of permit relations in the field of subsoil use has been defined. It is substantiated that the current permit system in the field of subsoil use has several specific object-subject compositions: – general, which covers the relations of the vast majority of types of economic activity and types of georesources; – special, which includes certain conditions for the use of subsoil; – separate, represented by specific types of minerals. It is proposed to further differentiate legal regimes for the use of subsoil to additionally take into account other objective and subjective features of its composition and unify contracts in this area.