Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Administrative and Legal Regulation in the Field of Subsoil Use in Ukraine and Foreign Countries

Author(s): Oleksii Shumilo, Volodymyr Shekhovtsov, Hanna Anisimova, Alina Diligul, Vladimir Pakhomov

The article is devoted to the study of the features of administrative and legal regulation in the field of subsoil use. The essence of the category of administrative and legal regulation, as well as the mechanism of administrative and legal regulation in the field of subsoil use, is revealed. The legal basis of state regulation in the field of subsoil use in some foreign countries, in particular, in North America (for example, USA, Canada), European countries (for example, France, Germany) and CIS countries (for example, Kyrgyzstan and the Republic of Kazakhstan) are determined. Given the study of foreign practice of administrative and legal regulation in the field of subsoil use, the experience of the Republic of Kazakhstan has been recognized as positive, in particular, on the normative enshrinement in the Subsoil Code and subsoil use of basic principles in the field of subsoil use. Administrative and legal regulation in the field of subsoil use in Ukraine has been investigated by studying the legislative and organizational components. In the context of the above, it has been found that the regulatory framework for the implementation of state regulation in the field of subsoil use in Ukraine has a large number of regulations (both legal and substatutory). The system of state regulatory bodies in the field of subsoil use is represented by bodies of state power and local self-government, whose powers to use subsoil are determined by the norms of current Ukrainian legislation. The author's definition of the essence of the concept “administrative and legal regulation in the field of subsoil use” is given.

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