НЕФТЯНАЯ ПРОВИНЦИЯ

Abstract

​

The analysis of the normative legal regulation of relations in the field of geological exploration of the subsurface, as well as materials of law enforcement practice, is carried out. In the course of the analysis, it was revealed that the regulatory legal support for the state geological study of the subsurface is incomplete and fragmentary and requires updating and systematization. The conclusion is formulated that the most productive and effective scenario for the systematization of norms in the field of state geological study of subsurface resources may be a return to the idea of adopting the federal law "On Geological Study of Subsurface resources", which will fix the general basic requirements for the composition and types of work on state geological study, design, quality of geological information.

Key words:

​

subsurface use; geological study of subsurface resources; state regulation in the field of geological study; stages and stages of geological exploration, contract system in the field of procurement

References

​​

1. Order of the Government of the Russian Federation of 22.12.2018 N 2914-r «On approval of the Strategy for the development of the mineral resource base of the Russian Federation until 2035» // Collection of legislation of the Russian Federation. 31.12.2018, N 53 (part II), Article 8762.

2. Resolution of the Government of the Russian Federation of 15.04.2014 N 322 «On approval of the state program of the Russian Federation" Reproduction and use of natural resources» // SPS ConsultantPlus.

3. GOST R 53795-2010. The national standard of the Russian Federation. The study of the subsurface is geological. Terms and definitions (approved and put into effect by the Order of Rostekhregulirovaniya of 09.06.2010 N 92-st) // Moscow: Standartinform, 2019.

4. Temporary regulations on the stages and stages of geological exploration for oil and gas. Approved by Order of the MPR of the Russian Federation No. 126 of February 7, 2001 «On approval of temporary regulations and classifications» // Natural Resource Vedomosti, No. 21, 2001.

5. Novikova E.V., Volkov G.A., Maslov A.V., Gavrilov V.V., Khudyakov A.I., Klyu-kin B.D., Vedeneev E.Yu. What should the new Law on Subsoil be? // Legislation and Economics. 2003. N 11(235). p. 69.

6. Federal Law No. 123-FZ of 30.04.2021 (as amended on 11.06.2021) «On Amendments to the Law of the Russian Federation «On Subsurface Resources», Article 1 of the Federal Law «On Licensing of Certain Types of Activities» and Recognition as Invalid of the Resolution of the Supreme Council of the Russian Federation «On the Procedure for putting into effect the Regulations on the Procedure for licensing the Use of Subsurface resources» and separate provisions of legislative acts of the Russian Federation» // Assembly of the Legislation of the Russian Federation, 03.05.2021, N 18, Article 3067.

7. Federal Law No. 44-FZ of 05.04.2013 (as amended on 02.07.2021) «On the contract system in the field of procurement of goods, works, services for state and municipal needs» // Collection of Legislation of the Russian Federation, 08.04.2013, No. 14, Article 1652.

8. Resolution of the Eleventh Commercial Court of Appeal of 22.06.2021 N 11AP-6507/2021 in the case N A65-27923/2020. Requirement: On declaring illegal the decision to refuse to grant the right to use the subsoil plots, on the obligation to cancel all the results of the work carried out under the license, to re-consider the company's application for obtaining the right to use the subsoil plot. Resolution: The claim was denied // SPS ConsultantPlus.

​

Authors

​

A.A. Popov, PhD, Plekhanov Russian University of Economics, Associate Professor of Civil Law Department; Senior Research Associate; Institute of Ecology and Subsoil Use of the Academy of Sciences of the Republic of Tatarstan

36, Stremyanny Lane, Moscow, 117997, Russian Federation

E-mail: Popov.A@rea.ru

 

R.N. Salieva, Dr.Sc., Professor, Head of Laboratory, Institute of Ecology and Subsoil Use ofthe Academy of Sciences of the Republic of Tatarstan

28, Daurskaya st., Kazan, 420087, Russian Federation

E-mail: sargus6@yandex.ru

For citation:

​

А.А. Popov, R.N. Salieva Regulirujushhaja rol' gosudarstva v sfere geologicheskogo izuchenija nedr [The regulatory role of the state in the field of geological exploration of the subsurface]. Neftyanaya Provintsiya, No. 3(27), 2021. pp. 170-188. DOI https://doi.org/10.25689/NP.2021.3.170-188 (in Russian)