SUBJECT OF LAW OF PROTECTION ABOUT THE BOWELS OF THE EARTH

Series "Law": Problems of land, environmental and natural resource law

Abstract

The article is devoted to the analysis of certain types of subterranean relations, which constitute the subject of law enforcement. It is proposed to define the subject of law enforcement law as a set of social relations that arise in relation to the development, organization and implementation of a complex of measures empowered and obliged actors, empowered by law with the relevant powers, rights, responsibilities and responsibilities for their actions in the field of natural protection and man-made objects and resources of the subsoil that are located in the landed and / or aquatorium zones and are involved or not used in economic circulation in this period, from threats and hazards that could cause harm to their original state. The essential features of relations, determined by the protection of objects and resources of subsoil as objects of property rights of the Ukrainian people, are revealed. Classification groups of relations in the sphere of protection of mineral resources are proposed. As a criterion for the differentiation of inter-protective relations, it is suggested to use the signs and characteristics of their structural elements with the allocation of the corresponding groups: 1) according to the object composition of the protection of direct and generic types of subterranean objects and geosources (involvement in use, location in space, certain types of de_ posits and minerals; 2) according to the subject structure (state regulation and management bodies, the public, producers); 3) in terms of content (rights and obligations of subjects of protection of mineral resources by type, zone, period, stages, conditions of use of subsoil, as well as specific types of under-measures, mining and related works, liability grounds for violation of the legislation on subsoil and inter-sectoral activities their legal regulation, and 4) the object and subjective composition of harmful factors that may affect the objects of the interior, as well as signs of threat and danger to subterranean objects. It is proposed to set out an outline of the law on the protection of mineral resources by a codification in the form of the Law “On the Protection of Bowels of the Earth” or a part of the Code of Defense Law, which will lay the foundations for the development and establishment of a system of law enforcement law and the implementation of its codification potential. It is argued that the obligations of obligated subjects must correspond with the rules (requirements) on the protection of mineral resources, established by the law by the authorized subjects, and the grounds of legal responsibility for their violation or non-fulfillment, as well as under conditions, firstly, a clear qualification not only of the volume and order of lawful guardianship behavior, but also of distinguishing it from offenses in this sphere, and, secondly, the definition of indicators of legi timate signs of objects of protection, which could uniquely identify the object, according to idnoshennyu which have been violated or unfulfilled rules (requirements) of the protection of natural resources and that very subject that they violated or not fulfilled.

REFERENCES

1. Makarenko O.Iu. Administratyvno-pravova okhorona nadr Ukrainy. Аvtoref. Dys. ... d-ra yuryd. nauk: 12.00.07. Kharkivskii natsionalnyi universytet vnutrishnikh sprav. Kharkiv, 2013. 32 p. [in Ukrainian].


2. Surilova O.O. Administratyvno-pravove rehuliuvannia u sferi vykorystannia i okhorony nadr. Аvtoref. Dys. ... d-ra yuryd. nauk: 12.00.07. Zaporizkyi natsionalnyi universytet. Zaporizhzhia, 2017. 34 p. [in Ukrainian].


3. Maksymentsova N.O. Aktualni problemy normatyvno-pravovoho zabezpechennia derzhavnoho upravlinnia v haluzi okhorony nadr. Naukovyi visnyk Mizhnarodnoho humanitarnoho universytetu. Ser.: Yurysprudentsiia. 2017. No. 29. Iss. 2. P. 60-62 [in Ukrainian].


4. Kirin R.S. Perspektyvy rozvytku nadrookhoronnoho prava. Rozvytok ahrarnoho, zemelnoho ta ekolohichnoho prava na zlami tysiacholit: materialy Mizhnar. nauk.-prakt. konf. (Kyiv, 18–19 travnia 2018 r.). Kyiv, 2018. 427 p. [in Ukrainian].