THE PROCEDURE OF OBTAINING SPECIAL PERMISSION FOR USE OF MINERAL RESOURCES AS A PREREQUISITE FOR ENSURING ECOLOGICALLY SAFE EXTRACTION OF SHALE GAS IN UKRAINE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
Today shale gas in Ukraine is not extracted therefore the procedure of obtaining special permission for use of mineral resources was developed under requirements for extraction of natural gas. In the Ukrainian legislation are enshrined 2 ways of obtaining special permission for use of natural resources, within the auction and without auction. In addition, there is an opportunity to get special permission for use of natural resources within implementation of terms of the agreement on sharing production if such conditions are provided by it. The procedure of signing of the agreement on sharing production provides a possibility of legal settlement of aspects of extraction of shale gas, unlike the auction and non-auction procedure. Therefore, application of the last for obtaining special permission on use for natural resources and further extraction of shale gas bears in itself certain risks. The purpose of article is the analysis of the legislative procedure of obtaining special permissions to use for natural resources and its influence on ensuring ecologically safe extraction of shale gas in Ukraine. The auction procedure is vulnerable because the winner is defined by solvency of the applicant, but not on competitive conditions. The procedure of obtaining special permission without auction or on the basis of the agreement on sharing production does not provide at all the competition as for it is enough also one participant. In the context of extraction of shale gas appropriate would be to refuse from auction and non-auction procedures and to return the competitive procedure on obtaining special permission in the presence of at least 2 applicants where the winner is determined by criteria of existence of financial guarantees of solvency, optimality of technology solutions, minimization of negative impact on the environment, and the final decision is made by the Interdepartmental commission as a part of representatives of public authorities of Ukraine concerning subsurface use, specialists Naftogaz of Ukraine, etc. If only one applicant has applied for a special permit for use for natural resources, and absence of other participants is caused by the reasons which are recognized objective, then such permission is provided to the applicant on condition of compliance to all requirements which have to be established in the conditions of a competition. Also it should be noted that getting special obtaining special permission to use for natural resources, it is necessary to obtain a conclusion on the environmental impact assessment, in fact, this conclusion is the key environmental document. Therefore, some of the indicators that affect the environment, which are indicated in the conclusion on environmental impact assessment, need to be added to the criteria of competitive selection (emissions, cumulative effect of emissions, transboundary impact in the event of availability, etc.)
Authors and Affiliations
О. Є. Михайський
Keywords
Related Articles
- EP ID EP589493
- DOI -
- Views 45
- Downloads 0
ADMINISTRATIVE AND LEGAL BASIS OF THE ACTIVITY OF THE NOTARIAN INSTITUTE IN THE FIELD OF IMPLEMENTATION OF THE HUMAN RIGHTS FUNCTION IN UKRAINE
The article is devoted to the study of the administrative and legal principles of the activity of the notary institution in the sphere of realization of the human rights protection function of the state. The protection o...
LEGAL REGULATION OF STATE SUPERVISION AND CONTROL FOR THE EXERCISE OF LEGISLATION ON LABOR LAWS OF LABOR AND ADMINISTRATIVE LAW: COMPARATIVE ASPECTS
Discussions regarding the legal nature of the legal regulation of state supervision and control over the observance of labor legislation call for the consideration of the issue of labor relations and administrative issue...
THE CONCEPT OF PUBLIC-LEGAL DISPUTE AND ITS DISTRIBUTION WITH CONNECTED CONTRAST “PUBLIC-LEGAL CONFLICT”, “PUBLIC-LEGAL CONFLICT”, “ADMINISTRATIVE AND LEGAL DISPUTE”
The article deals with the concept of public-law dispute and related concepts “public-legal conflict”, “state-legal conflict”, “administrative-legal dispute”. The necessity of scientific development of the concept of a p...
REGARDING THE TOPICAL QUESTIONS OF MODERNIZATION (RECALCULATION) OF PENSIONS
Reforming the pension system today is one of the main directions for improving the overall system of social protection of population in Ukraine. Placing importance on pension system and such necessity is determined by lo...
RELATIONSHIP BETWEEN GENERAL AND SPECIAL REGULATORY SUPPORT OF LABOUR RELATIONS
The current stage of creation in Ukraine the legal state requires the improvement of the legal mechanism of social relations regulation. The most important and most common of these relations are relations in the field of...