LEGAL MECHANISM OF PUBLIC ADMINISTRATION IN THE SPHERE OF SUBSOIL USE AND PROTECTION
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
The issue of public administration in subsoil use and protection is of high importance for Ukraine since it is strongly linked to energy security of the state as well as it shall facilitate the people of Ukraine to efficiently implement its propitiatory rights towards natural resources and redistribution of national wealth. This article is devoted to the analysis of the legal mechanism of public administration in the area of subsoil use and protection in Ukraine. The main approaches to studying the essence of legal mechanism of public administration in the named area as well as its tasks, functions and methods are analyzed in the article. It is concluded in this article that legal relationship in the field of public administration of subsoil use and protection is characterized by specifics of its subject (development of natural resources) and its subjects (bodies of public administrations). The author suggests that the legal mechanism of public administration in the area of public administration of subsoil use and protection directs to interactions between public administration subjects and objects. So the subjects who administer the sphere of subsoil use and protection are: – state executive bodies; – local self-government bodies; – other bodies who execute the delegated functions (by public authorities). As it is stipulated in the Article 11 of the Subsoil Code of Ukraine the authorities that administer the industry are limited to executive bodies and local governments. In particular it is stipulated in the Code that public administration in geological exploration, production and protection of subsoil is carried out by the Ukraine’s Cabinet of Ministers; central public authority responsible for state environmental protection policies; central public authority in charge of implementation of state geological exploration and efficient subsoil use policies; central authority in charge of state health and safety control policies; public authorities in the Autonomous Republic of Crimea; local executive bodies and other state authorities and local self-government authorities in compliance with laws of Ukraine. It is also emphasized that the essence of legal mechanism of public administration in subsoil use and protection is reflected in the scope of powers and authorities, which are exercised by means of official functions that are aimed at designated targets.
Authors and Affiliations
Н. О. Максіменцева
Keywords
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