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Topical Issues Of The Improvement Of Legal Regulation In The Sphere Of Subsoil Use
 
Код статьиS231243500022513-2-1
DOI10.18572/2410-4396-2020-3-85-90
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Салиева Роза Наильевна 
Аффилиация: Институт проблем экологии и недропользования Академии наук Республики Татарстан
Название журналаПравовой энергетический форум
ВыпускВыпуск № 3
Страницы85-90
Аннотация

This article examines issues pertaining to the improvement of the legal regulation of subsoil use relations in the Russian Federation. It contains specific proposals on the improvement of subsoil use law. The purpose of the legal regulation of subsoil use relations shall be enshrined in the Russian Law “On Subsoil” according to the objectives of the state energy policy for subsoil use and state subsoil fund management. The Law “On Subsoil” needs to reflect the subsoil use goals of the state described in Russia’s Energy Strategy until 2035. It seems reasonable to include a section containing basic terms and definitions used in the subsoil legislation into the Law “On Subsoil”. It is important to make sure the Law “On Subsoil” contains a rule stating that a license agreement is an integral and mandatory part of a license to help streamline the legal regulation of subsoil use licensing. It is advisable to reinforce the Russian Law “On Subsoil” and codify state control and regulation principles.

Ключевые словаenergy law, extraction of energy resources; legal regulation of subsoil use, state regulation of subsoil use, licensing
Получено06.08.2020
Дата публикации04.09.2020
Кол-во символов16133
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1 As aptly noted in legal literature on energy law, relations arising in the course of the exploration and extraction of energy resources are within the scope of energy law. It was pointed out by A.G. LisitsinSvetlanov, P.G. Lakhno, O.A. Gorodov, V.V. Romanova, R.N. Salieva [1]. At the same time, as correctly stated by A.G. LisitsinSvetlanov, the sphere of regulation begins with energy resource exploration and extraction relations [2].
2 It should be noted that social relations in subsoil use are a complex, multi-faceted phenomenon [3], these relations include those associated with subsoil site allocation, field development, and mining operations, in particular, the extraction of primary energy sources (oil, gas, coal). As aptly noted by Romanova, “natural specifics of energy resources are responsible for the special legal regime established for the energy facilities used for exploration, extraction, processing, production, transportation, storage of various types of energy resources” [4].
3 The energy law doctrine also correctly states that the relations covered by the energy law include both private law and public law relations.[5]
4 The current Russian Law “On Subsoil” contains an entire section called State Regulation of Subsoil Use Relations. As per Article 35 of this law, the primary objective of the state regulation of subsoil use relations is to ensure mineral reserves replacement, efficient use, and subsoil protection for the present and future generations of the peoples of the Russian Federation. Key instruments and goals of state regulation have also been established. The state regulation of subsoil use relations is affected by control, licensing, metering, and state supervision. The goals of state regulation are as follows: Determining extraction volumes of main types of minerals for the current and future periods for the Russian Federation and its specific regions, Ensuring the development of mineral reserves and the preparation of reserve subsoil sites used for construction of underground structures not related to mineral extraction, Ensuring geological surveys of the territory of the Russian Federation, its continental shelf, the Antarctica and the World Ocean floor, Establishing quotas for supply of produced crude minerals, Introduction of subsoil use related payments, as well as controlled pricing of specific minerals, Development of rules and regulations for subsoil use and protection.
5 As aptly noted in literature, there have been very significant changes both in Russia and globally in the years since adoption of this law (despite multiple amendments and clarifications) [6]. Under the existing social and economic conditions, both the instruments and the goals of state regulation obviously need to be updated.
6 In the setting of economy modernization, issues of efficient control in all aspects of society are more important than ever. Control in the field of subsoil use is highly specific due to numerous social and economic factors, including government ownership of the subsoil and subsoil resources (until they are extracted from the subsoil), the fact that many natural resources are exhaustible (oil, gas, solid minerals), specific nature of metering and assessment of subsoil resources (mineral reserves), the need to consider the interests of the present and future generations while using subsoil resources (primary energy resources, including oil, gas), etc.
7 To determine the main areas of control improvement and identify issues of subsoil use legal regulation, we shall consult strategic and program documents: Russia’s Energy Strategy until 2035, Geology Industry Development Strategy until 2035; Fundamental State Policy of Environmental Development of the Russian Federation until 2030; Fundamental State Policy of Crude Minerals and Subsoil Use; Russian Long-Term State Program for the Exploration of Subsoil and Mineral Reserves Replacement Based on Minerals Consumption and Replacement Balance; Energy Security Doctrine.
8 It seems that the purpose of the legal regulation of subsoil use relations shall be enshrined in the Russian Law “On Subsoil” according to the objectives of the state energy policy for subsoil use and state subsoil fund management.
9 Energy Strategy until 2035 also specifies subsoil use objectives of the state. They are as follows: To create conditions for sustainable, effective, and environmentally friendly mineral reserves replacement with an average annual (for five years) balance reserves gain to average annual extraction ratio for primary fuels of at least 1, To expand exploration, geological survey, and other activities aimed at the extraction of hard-to-recover reserves and unconventional crude hydrocarbons, including the development of the Arctic shelf fields, To develop the Russian independent subsoil use service and engineering market. Therefore, it seems reasonable to include the subsoil use objectives of the state from the Energy Strategy in the Law “On Subsoil”.
10 The implementation of the objectives stated in programs and strategies shall have corresponding legal coverage, and it would be helpful if the key implementation mechanisms were enshrined in legislation. The need to improve the subsoil laws was stated in Resolution of the Federation Council of the Federal Assembly of the Russian Federation No. 546СФ “On the Implementation of Measures for Mineral Reserves Replacement and Geological Survey of Russian Subsoil” dated November 23, 2018. The specified areas of the improvement of the subsoil laws included: Narrowing down the regulations pertaining to subsoil geological survey and mineral reserves replacement in the Russian Federation, Establishing uniform criteria for decisions on the transfer of subsoil site use rights to another subsoil user, etc.

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