Theoretical and Practical Issues of Legal Support for State Geological Control (Supervision)
( Pp. 34-40)
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Arkady D. Sokolov
assistant
National University of Oil and Gas «Gubkin University»
Moscow, Russian Federation
National University of Oil and Gas «Gubkin University»
Moscow, Russian Federation
Abstract:
The purpose of the research. This article focuses on the problems of legal support for state geological control (supervision) in accordance with the requirements of legislation on control (supervision). It takes into account the need to improve the risk-based approach system within the framework of the type of control (supervision) under consideration, the development of a system to encourage conscientious users of mineral resources. The issue of improving the legislative regulation of state geological control (supervision) is being considered. Results. The amendments to the by-law regulating the implementation of the federal state geological control (supervision) are justified, according to which it is proposed to establish a mechanism for reducing the risk category of an object depending on the subject of this type of control (supervision). It is proposed to fix in the Law of the Russian Federation «About Subsoil» an exhaustive list of preventive measures used in the implementation of state geological control (supervision) and allowing to form a system of encouragement for a conscientious user of the subsoil. The expediency of unifying the requirements for the organization and implementation of regional state geological control (supervision), fixing an exhaustive list of offenses and crimes considered as criteria for violating mandatory requirements of the legislation on subsoil, as well as making changes to the procedure for considering objections to warnings, is substantiated.
How to Cite:
Sokolov A. D. Theoretical and Practical Issues of Legal Support for State Geological Control (Supervision) // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2024. Vol. 20. № 4. P. 34-40. (in Russ.) DOI: 10.33693/2541-8025-2024-20-4-34-40. EDN: OOHVQU
Reference list:
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Ganyukhina O.Yu. Legal regulation of environmental control in the Russian Federation: dissertation of the candidate of Legal Sciences: 12.00.06.
Evdokimov A.S., Sergun P.P. The system of preventive measures used in the implementation of state control (supervision): assessment of regulatory impact // Administrative law and process. 2023. No. 7.
Zaikov D.E. A warning about the inadmissibility of violating mandatory requirements: problems of law enforcement // Russian Law Journal. 2021. No. 4. pp. 131–138.
Matuzov N.I., Malko A.V. Theory of state and law: A course of lectures. —2nd ed., reprint. and additional M.: Jurist, 2001. 776 p.
Sokolov A.D. The concept and principles of state geological control (supervision) as a way to ensure the safe, rational use and protection of mineral resources // Gaps in Russian legislation. 2024. Vol. 17. No. 5.
Sokolov A.D. Legal regulation of state geological control (supervision) in the context of the reform of control (supervisory) activities // Problems of economics and legal practice. —2022. —Vol. 18. —No. 4.
Tikhomirova L.A. Technological supervision in the Russian Federation: problems of law enforcement // SPS ConsultantPlus. 2013.
Keywords:
state geological control (supervision), subsurface user, legislation on subsurface resources, risk categories, unification, incentive measures, objections..
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