Kirin R. Codification of legislation about the bowels of the earth

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000424

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

27-04-2016

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations connected with use, protection and security of the subsoil. Research purpose: justification of the scientific doctrine of codification of the legislation on subsoil as a component of the codification of environmental and natural resources legislation. Methods of research: dialectical, formal logical, systemic-structural analysis and synthesis, modeling, historical, comparative-legal, interpretation of legal norms. Theoretical and practical value: is the first in Ukrainian legal science made a comprehensive study on the analysis of theoretical and practical problems of codification of the legislation on subsoil, as part of the codification of environmental and natural resources legislation, experience of the Genesis of the modern state in Ukraine and foreign countries. The recommendations of the study were used: Krivoy Rog mining and industrial Department of the Main Department of civil service of Ukraine in the Dnepropetrovsk area; people's Deputy of Ukraine A. Yu. Kryshyn in rulemaking; in the educational process in a higher educational institution "national mining University" Ministry of education of Ukraine. Scientific novelty: the codification of the legislation on subsoil, built on the legal and scientific bases of codified normative act to improve the regulation of legal relations on subsoil. It is proposed to consider the subsoil and ecological nature of requirements of the subsoil legislation and relations regulated by that legislation, which can arise, be changed and ceased in connection with legal rules for the use, safety, and security of the subsoil as a non-renewable object of the right of property of the Ukrainian people, as well as the subsoil and economic nature of the mining legislation, the common object of which is the mining. The structure of the law on subsoil level strategic sub-sectors: agroresource right; negrohernan right; the right of security of mineral resources, as well as the author's definitions of objects and systems of mining and geological law. The identification of institutional, sectoral and transuralian objects of codification allowed to develop proposals for the content of the codified legal act in the form of a Code of laws on subsoil. Scope of use: the subjects of legislative initiative, government bodies; higher education.

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