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Legal Regulation and Law Enforcement Practices in State Subsoil Condition Monitoring
 
Код статьиS231243500028018-7-1
DOI10.61525/S231243500027972-7
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Салиева Роза Наильевна 
Должность: Chief Scientific Officer, head of Laboratory of the Institute of Ecology and Subsoil Use of the Academy of Sciences of the Republic of Tatarstan; professor of Department of Civil Law of the Kazan Branch of the Russian State University of Justice
Аффилиация:
Institute of Ecology and Subsoil Use of the Academy of Sciences of the Republic of Tatarstan
Kazan Branch of the Russian State University of Justice
Адрес: Российская Федерация, Казань
Название журналаПравовой энергетический форум
ВыпускВыпуск № 3
Страницы27-31
Аннотация

The issues of legal regulation of state subsoil monitoring in the Russian Federation are considered. On the basis of the analysis of normative legal documents and law enforcement practice, it is suggested to update the provisions of the Order of the Ministry of Natural Resources of 2001; when drafting normative acts in the reviewed field of regulation, it is advisable to consider also generalizations and conclusions included in the state reports on law enforcement practice in federal state control (supervision) and to formalize the tasks of environmentally safe subsoil use at the level of the Law “On Subsoil”.

Ключевые словаenergy law, energy security, state subsoil monitoring, efficiency of subsoil use
Получено21.07.2023
Дата публикации12.10.2023
Кол-во символов13750
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1 In accordance with the Energy Security Doctrine of the Russian Federation, the tasks of maintaining the mineral resource base of the fuel and energy sector and the main production facilities of fuel and energy sector organizations at the level necessary to ensure energy security include, in particular, increasing the efficiency of subsoil use. The priorities of the state policy in mineral resource base development, in accordance with the objectives of the Strategy for the Development of the Mineral Resource Base of the Russian Federation up to 2035, also include ensuring the efficient use of the created mineral resource base and reducing the negative impact of subsoil development on the environment.
2 The task of reducing the negative impact of subsoil use on the environment is solved through the implementation of state subsoil monitoring, including groundwater monitoring.
3 According to the provisions of Article 6 of the Law of the Russian Federation “On Subsoil”, regional geological research includes, in particular, works on general geological research of subsoil, geological works on earthquake prediction and volcanic activity research, establishment and maintenance of subsoil monitoring and control of groundwater regime. From March 1, 2024, works on the establishment and maintenance of subsoil monitoring will be excluded from Article 6 of the Law of the Russian Federation “On Subsoil”.
4 According to the current legislation, in case of regional geological research and state subsoil monitoring by state (budgetary or autonomous) institutions under the jurisdiction of a federal authority managing the state subsoil fund or its territorial agency, subsoil use is performed without a license on the basis of a state task in accordance with clause 11 of Part One of Article 10.1 of the Law of the Russian Federation “On Subsoil”.
5 Work “On Subsoil” monitoring is organized in accordance with the established rules. Design documentation on the establishment and maintenance of subsoil monitoring and control of groundwater regime is subject to examination. The design documentation is examined for compliance with the requirements of the Russian laws “On Subsoil”, documents stipulated by the Russian laws on technical regulation and standardization, as well as the subsoil license (for design documentation prepared in accordance with the subsoil license), a contract for designing or performing works on geological exploration of subsoil concluded in accordance with the Federal Law “On the System of Contracts for Procurement of Goods, Works and Services for State and Municipal Needs” by the Federal Agency for Subsoil Use or its territorial agency, and in case of a subsoil plot of local significance — by a government body of a constituent entity of the Russian Federation. The purpose of state subsoil monitoring is to provide public authorities of the Russian Federation and constituent entities of the Russian Federation, local governments, legal entities, and citizens of the Russian Federation with reliable and up-to-date information “On Subsoil” conditions and their changes under the influence of natural and man-made factors.
6 The grounds and procedure of subsoil monitoring are regulated by various normative legal acts, where the legislation describes subsoil monitoring as a part of state environmental monitoring and considers it a subsystem of the unified state system of emergency prevention and elimination. Besides, the information on the state of subsoil obtained during state subsoil monitoring refers to state information resources, which are part of the state fund of geological information. Thus, according to Article 36.2 of the Law “On Subsoil”, state subsoil monitoring is part of state environmental monitoring. In this respect, relations in subsoil monitoring are regulated not only by the provisions of the Russian Law “On Subsoil”, but also by the provisions of the Russian Law “On Environmental Protection”. According to Article 1 of this Law, state environmental monitoring means complex observations of the state of the environment, including components of the environment, natural ecological systems, processes and phenomena occurring in them, assessment and forecasting of changes in the state of the environment. According to the Resolution of the Government of the Russian Federation No. 794 On the Unified State System of Emergency Prevention and Elimination of December 30, 2003, subsoil monitoring is included in the unified state system of emergency prevention and elimination as its functional subsystem [1]. Order of the Federal Agency for Subsoil Use No. 1197 of November 24, 2005 approved the Regulations on the Functional Subsystem of Subsoil Monitoring of the Unified State System of Emergency Prevention and Elimination, according to which the functional subsystem of subsoil monitoring is intended to organize and conduct regular observations of the state of subsoil, forecast its changes under the influence of natural and man-made factors in order to warn the public authorities, organizations, and citizens of the Russian Federation of possible emergencies in the subsoil. Since the above-mentioned Regulations were developed in pursuance of the Resolution of the Government of the Russian Federation No. 794 of December 30, 2003, these relations are also subject to the provisions of the Federal Law “On the Protection of the Population and Territories from Natural and Man-Made Emergencies”. According to clause 9 of the Regulations on the Procedure of State Subsoil Monitoring of the Russian Federation, information on the state of subsoil belongs to the state information resources, which are part of the state fund of geological information. In this regard, subsoil users shall ensure the submission, completeness, reliability and quality of subsoil geological information for the subsoil area designated for use in accordance with the established requirements.

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1. Resolution of the Government of the Russian Federation No. 794 “On the Unified State System of Emergency Prevention and Elimination” of December 30, 2003 (as amended on February 16, 2023) // Collection of Laws of the Russian Federation. 2004, No. 2, Art. 121.
2. Law of the Russian Federation No. 2395-1 “On Subsoil” of February 21, 1992 (as amended on December 29, 2022) // Collection of Laws of the Russian Federation. 1995, No. 10, Art. 823.
3. Resolution of the Government of the Russian Federation No. 681 “On State Environmental Monitoring and the State Fund of State Environmental Monitoring Data” of August 9, 2013 (as amended on November 30, 2018) // Official Internet Portal of Legal Information http://www.pravo.gov.ru,  August 14, 2013.
4. 2021 Information Bulletin on the State of Subsoil in the Russian Federation // https://geomonitoring.ru/gmsn_sostoyanie_nedr.html#item1. 
5. Popov A.A. On the Need to Improve the Legal Regulation of Obtaining, Provision and Use of Geological Information // Energy Law. 2014. No. 2. P. 20-26.
6. Amelin R.V. Legal Regime of State Information Systems: A Monograph / Edited by S.E. Channov. Moscow: GrossMedia, 2016. 338 p.
7. FAQ // Rostekhnadzor: Official Website. 2021. URL: https://www.gosnadzor.ru.

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