LAND AND PROPERTY RELATIONS IN SUBSURFACE USE
Rubrics: AGRICULTURAL ECONOMICS AND POLICIES
Authors:
1.
Saint Petersburg State University of Architecture and Civil Engineering
2.
Saint Petersburg State University of Architecture and Civil Engineering
3.
Federal State Budgetary Educational Institution of Higher Education "Saint Petersburg State University of Architecture and Civil Engineering"
Type:
Article
eLocation:
Status:
Published
Received:
06.12.2024
Accepted:
15.12.2024
Published:
25.12.2024
Language:
Russian
Keywords:
uchastok nedr, zemel'nyy uchastok, lesnoy uchastok, nedropol'zovanie, ob'ekt nedvizhimosti, ob'ekt kapital'nogo stroitel'stva
Abstract (English):
The mining industry is one of the leading industries, which annually provides up to 40% of the budget of the Russian Federation. However, a license for the use of mineral resources does not allow you to immediately start mining, but requires registration of land relations, which is a lengthy procedure. The current Law "On Subsoil" regulates relations arising in the field of use and protection of subsoil, however, the versatility of activities involves other normative legal acts, including those regulating the use of land for subsoil use. Despite this, the legislation does not take into account the peculiarities of land and subsoil use at the moment of contact between the two regions. Aim: to investigate land and property relations in the provision of land for subsurface use, to identify current problems in this industry. Methods: analysis and synthesis of regulatory and legal documentation. The peculiarity of land and property relations in the provision of land for subsurface use is a long and complex procedure for registration of rights to a land plot, which includes obtaining a license for the use of subsoil, registration and approval of mining documentation. The main problem for subsoil users is to bring land plots to the necessary purpose, allowing the activities to be carried out. With regard to mining facilities, Rostechnadzor's position is to classify quarries as capital construction facilities, the need to obtain a construction permit and commissioning. However, the life cycle of a quarry differs from the life cycle of capital construction facilities: at the moment the quarry complies with the design decision, mining operations stop, therefore, the object ceases to meet its functional purpose. The article proposes a solution to simplify the procedure by extrapolating the procedure for granting land plots when placing linear objects.
The mining industry is one of the leading industries, which annually provides up to 40% of the budget of the Russian Federation. However, a license for the use of mineral resources does not allow you to immediately start mining, but requires registration of land relations, which is a lengthy procedure. The current Law "On Subsoil" regulates relations arising in the field of use and protection of subsoil, however, the versatility of activities involves other normative legal acts, including those regulating the use of land for subsoil use. Despite this, the legislation does not take into account the peculiarities of land and subsoil use at the moment of contact between the two regions. Aim: to investigate land and property relations in the provision of land for subsurface use, to identify current problems in this industry. Methods: analysis and synthesis of regulatory and legal documentation. The peculiarity of land and property relations in the provision of land for subsurface use is a long and complex procedure for registration of rights to a land plot, which includes obtaining a license for the use of subsoil, registration and approval of mining documentation. The main problem for subsoil users is to bring land plots to the necessary purpose, allowing the activities to be carried out. With regard to mining facilities, Rostechnadzor's position is to classify quarries as capital construction facilities, the need to obtain a construction permit and commissioning. However, the life cycle of a quarry differs from the life cycle of capital construction facilities: at the moment the quarry complies with the design decision, mining operations stop, therefore, the object ceases to meet its functional purpose. The article proposes a solution to simplify the procedure by extrapolating the procedure for granting land plots when placing linear objects.
Keywords:
uchastok nedr, zemel'nyy uchastok, lesnoy uchastok, nedropol'zovanie, ob'ekt nedvizhimosti, ob'ekt kapital'nogo stroitel'stva
uchastok nedr, zemel'nyy uchastok, lesnoy uchastok, nedropol'zovanie, ob'ekt nedvizhimosti, ob'ekt kapital'nogo stroitel'stva
