STATE CONTROL OVER OBSERVANCE OF LEGISLATION ON SUBSOILS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
National mineral-extractive and ecological security and economic independence is of special importance for Ukraine, which determined the principal directions of improvement of state governance of subsoil resources management, including primarily the legislative development and government control. However, notwithstanding the numerous reforms of control bodies in this field, the problem is still far from being solved. In 2014 a State Labor Service of Ukraine has been established with functions of mines inspectorate. The supervisory powers on utilization and protection of subsoil are also vested with the Ministry of Ecology and Natural Resources of Ukraine and the State Service of Geology and Mineral Resources of Ukraine leading to duplication of supervisory powers, non-compliance with the principle of separation of regulatory and supervisory powers in state governance, dispersion of control powers, and, as a result, this reduces the efficiency of control. The search of solutions for this problem must be based on a corresponding substantial theoretic and scientific justification. This article aims to prepare propositions for improvement of efficiency of state control in utilization and protection of subsoil and improvement of legislation. Control over compliance with the legislation requirements in the field of utilization of subsoil is a set of measures aimed at organization of monitoring of geological environment, audit of compliance by individuals and entities with requirements and rules of rational subsoil management, protection of subsoil and environmental safety. In order to improve the efficiency of control the article demonstrates the necessity of creation of a specialized control body – the State Service of Subsoil Protection an of development of the statute of that service which would clearly indicate its powers and structure, making its primary and sole task the state control in the field of utilization and protection of subsoil.
Authors and Affiliations
О. О. Сурілова
Keywords
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