Interaction of private and public regulation of subsoil use relations

Introduction. The relevance of involving mineral natural resources in deep processing, as well as involving the share of Russian solid minerals in systemic industrial circulation is of strategic importance for the Russian Federation. The country, facedwithasanctionswar, isrestructuringitslegislationtomeetthe requirements of the time and national objectives, both in the field of economic independence and in the field of national security. A precise diversification of the civil and administrative law, as well as their transformation with the convergence of the private and the public in subsoil use, was predicted by the scholars.

 Materials and Methods. The study concerns the analysis of the views of a number of legal scholars who conditionally look at relations of subsoil use as of a property nature, or pre ominantly relations of subsoil use are within the framework of the administrativelegal method.

Analysis. Historically, the Russian Federation implemented most of the current legislation regulating subsoil use from Western legal patterns, which situationally gave its results in the early 2000s, but such a model gradually revealed a non-identical variation of the desire for greater control over such a significant sector of the Russian economy, and principles and concepts acted as a counterbalance civil legislation protecting the private interests of entrepreneurship. Following the desire to retain ownership of the subsoil, and the adoption of the Law “On Subsoil”, which fixed the task of protection and use, the state all other concepts of “thing”, “property”, “object of civil law”, “real estate”, “ property complex”, “legal entity” were left to civil law.

Results. The subject of the study was some issues of private and public regulation of subsoil use relations. Some historical aspects of the merger of private and public subsoil use are analyzed. The views of a number of researchers on the issue of the legal nature of the right to use subsoil and the license for the right to use subsoil are considered. An increased role of public administration in the field of subsoil use has been noticed, not only as a controlling, regulatory and protective one, but also as a nationally oriented one, with a priority to the circular economy, where the expansion of private legal opportunities is aimed at an entrepreneur under the jurisdiction of our country.

1. Berlin SI. World practice of financial and legal regulation in the oil industry. Sovremennye naukoemkie tehnologii. 2005;(3):20-25. (In Russ.).

2. Levochko VV. Objects of civil rights in subsoil use: thesis. Moscow; 2018. 218 p. (in Russ.).

3. Prokaev AV. Civil-legal regulation of contractual relations in the field of oil and gas production: thesis. Saratov; 2005. 191 p. (in Russ.).

4. Tretyakova E. Legal status of a subsoil user as a special participant in entrepreneurial activity. Jenergeticheskaja politika. 2023;(3(181)):76-88. (in Russ.).

5. Main directions of budget, tax and customs-tariff policy for 2022 and for the planning period of 2023 and 2024 (approved by the Ministry of Finance of Russia) in SPS "Consultant plus"(in Russ.).