PROBLEMS OF LICENSING THE USE OF SUBSURFACE AREAS OF LOCAL SIGNIFICANCE FOR THE CONSTRUCTION AND OPERATION OF UNDERGROUND STRUCTURES OF LOCAL AND REGIONAL SIGNIFICANCE, NOT RELATED TO THE EXTRACTION OF MINERALS

This article deals with the problems of licensing the use of subsurface areas of local significance for the construction and operation of underground structures of local and regional significance that are not related to the extraction of minerals, which consist in the need to obtain a license for the use of subsurface resources by persons engaged in this activity. The current legislation of the Russian Federation on subsurface resources defines the construction and operation of such underground structures as a type of subsurface use, for which a license for the use of subsurface resources is required. At the same time, the law enforcement practice on this issue is characterized by its heterogeneity. In addition, the problem of licensing the use of subsurface resources for the purposes under consideration is accompanied by the problem of the lack of a definition of the underground structures under consideration, or the cases, where their construction and reconstruction entail the need to obtain a corresponding license in the legislation of the Russian Federation on subsurface resources. Due to this gap in the legislation of the Russian Federation on subsurface resources, there is a problem of defining certain structures as underground ones, attributing their construction and operation activities to activities related to the use of subsurface resources and, accordingly, the need for licensing the use of subsurface resources. This problem in law enforcement practice leads to contradictory consequences, which are expressed either in the unauthorized (unlicensed) use of subsurface resources, or in the need to obtain licenses for the use of subsurface resources for developers (e.g., during the construction of ground objects with underground parts), as well as for the right holders of such objects during their operation. The author substantiates the need to apply the mechanism of licensing the use of subsurface resources in the implementation of the activities under consideration, and in order to eliminate the problems associated with attributing the construction and operation of underground structures to activities related to the use of subsurface resources, it is proposed to include the definition of underground structures not related to the extraction of minerals in the legislation of the Russian Federation on subsurface resources.

natural resource law, subsurface, subsurface use, legislation of the Russian Federation on subsurface resources, subsurface area of local significance, underground structures not related to the extraction of minerals, licensing of subsurface use, license for the use of subsurface resources, objects of local significance, objects of regional significance.

Sereda A. Yu. Problems of licensing the use of subsurface areas of local signifi-cance for the construction and operation of underground structures of local and regional significance, not related to the extraction of minerals. Business. Education. Law, 2021, no. 3, pp. 275—280. DOI: 10.25683/VOLBI.2021.56.318.