THEORETICAL FOUNDATIONS OF THE ADMINISTRATIVE LEGAL REGULATION OF SOCIAL RELATIONS IN THE FIELD OF USE AND PROTECTION OF SUBOIL
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The Article considers one of the acute questions of contemporary administrative law: the scientific and theoretic foundations of administrative legal regulation of social relations in the sphere of subsurface management and subsurface protection in Ukraine. The administrative legal regulation of this field is acquiring a new sense and needs rethinking as a scientific category. It is aimed at regulation of subsoil use and protection of subsoil, which is seen as a type of action of the bodies and institutions, that represent the public authorities in realization of the stare policy in the sphere of geologic research of the subsoil, mining, construction of underground and above-ground constructions, that are not related to mining, protection of subsoil and environment, which includes the system of measures on ensuring the right of the People of Ukraine as an owner of the subsoil and mineral and raw materials security of the state, realization of norms and requirements concerning rational use of subsoil, prevention of negative anthropogenic influence on the environment. Its strategic task is to ensure the just distribution of revenues from the use of subsoil between the citizens of our state as owners of subsoil through the Civil Dividends Fund of Ukraine, which, in accordance with its tasks: generalizes the practice of law enforcement in matters of its competence; studies and analyzes the situation in the sphere of payment for utilization of subsoil; develops the project of a budget of the Civil Dividends Fund of Ukraine and submits it to the Cabinet of Ministers of Ukraine; effectively distributes the financial resources for payment to the citizens and develops the mining regions; takes, within its competence provided by the law an informational and explanatory work with the population; executes other functions in accordance with the law. Article 11 of the Natural Resources Code describes the system of bodies, that execute the state governance in the field of geological research, use and protection of subsoil. The state governance is based on the provisions of Article 38 of the Constitution of Ukraine, in accordance to which the citizens have a right to take part in the management of public assets; Article 36 of the Constitution of Ukraine, in accordance to which the citizens have a right of assembly to the political parties and public organizations to protect their rights and freedoms, satisfaction of their political, economic, social and cultural interests, including environmental.
Authors and Affiliations
О. О. Сурілова
Keywords
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