CERTAIN LEGAL PROBLEMS OF DEVELOPMENT OF MINERAL RESOURCE BASE OF UKRAINE
Journal Title: Право та інновації - Year 2017, Vol 1, Issue 17
Abstract
Problem setting. The difficult situation of Ukraine’s economy and the lack of clear organizational and legal mechanism for the provision and use of appropriate land for geological study led to insufficient volumes of shooting, search and other exploration work, resulting in the rate and volume of reproducing its own mineral resource base does not meet the needs of the country. Target of research. The purpose of this article is to analyze the legal issues of mineral resources base of Ukraine in conditions of crisis situation in the economy. And the disclosure of the legal principles of land use for exploration in terms of land relations reforms through the analysis of land law and practice, also the aim of the article is to develop proposals and recommendations on improving the legal regulation of social relations concerning with the rights to land for exploration works. Article’s main body. The Law of Ukraine «On Approval national program of mineral resources of Ukraine till 2030» has been adopted to improve the needs of the national economy in mineral resources and increase the export potential of the country through its own mining. However, the adoption of the National Program of the mineral resources base developing, it may sounds paradoxical a, doesn’t reduce the crisis in the field of geological study of subsurface. Due to lack of funds the volume of exploration work fell by 3–4 times. Since 1994, the increase in proven reserves of most strategic minerals not compensate its getting. A further delay with effective measures will result the shortages of some types of own mineral resources, reduction of the protection of national interests. The Land Code of Ukraine devotes to regulation of relations on the use of land for exploration only one article. 97, stressing that such work can be carried out by specialized entities under an agreement with the land owner or land user. Article 97 of Land Code of Ukraine gives the impression that for the exploring work enough to conclude an agreement with the land owner or land user. But a systematic analysis of the current legislation indicates that the mechanism of acquisition of land rights for such work considerably difficult. This is because the land use right is inextricably linked with the right of subsurface use. Conclusions and prospects for development. In summary, we can conclude that the problem of mineral resources base of Ukraine, as the material basis of national economic growth, requires a balanced system approach, the best option is the sustainable using of state private business resources and the introduction of innovation and investment mechanism for subsurface use. It’s determined that the established by the law procedural difficulty of the arising of rights to land for its exploration should be simplified by making amendments to Art. 97 of th Land Code of Ukraine.
Authors and Affiliations
D. M. Zolotariova
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