Orlenko M. The Legal Bases of the Permitting System in the Branch of the Mineral Resources Use and Protection in Ukraine

Thesis is a comprehensive study for the legal bases of the permitting system in the sphere of mineral resources use and protection in Ukraine. The periodization of the permitting system formation and development in the field of use and protection of mineral resources is formulated. The concept and features of the permitting system in the researched sphere are determined. The following signs of the permitting system in the field of use and protection for mineral resources in Ukraine are substantiated: 1) it is an element of the ecological licensing function; 2) it is a comprehensive institute of environmental law; 3) it consists of a complex of ecological, natural resource, anthropositary relations; 4) it is indicated by the public legal regime of the subsoil; 5) it acts as a form of distribution and redistribution of mineral resources as natural resources; 6) is carried out on the principles of individualization for subsoil; 7) the permissive procedure for the supply of mineral resources is a distinctive principle of the subsoil use institute in the environmental law of Ukraine; 8) is a guarantee of the implementation for environmental rights of individuals and legal entities, in particular the right to use subsoil. On the basis of the foregoing, it was concluded that the permitting system in the researched sphere is a multifaceted legal phenomenon and the most expedient is the definition of such a phenomenon through a complex legal relationship. It has been determined that the permitting system in the sphere of use and protection of mineral resources in Ukraine can be expressed in different dimensions: as a complex interdisciplinary legal institute of the environmental law of Ukraine, as a legal form of distribution and redistribution of mineral resources, as a legal means for the implementation of the environmental licensing function, as a legal remedy for ensuring environmental safety, as a system of permitting procedures, as a guarantee of the implementation for environmental rights and obligations of individuals and legal entities.