Machuska I. Administrative and legal basis for control and monitoring activity in the field of subsurface resources

The thesis is a comprehensive research of the issues of legal regulation of control and monitoring activity in the field of subsurface resources in Ukraine. The author has researched historical and legal facets of control and monitoring activity in the field of subsurface resources in Ukraine in different historical periods. The author has provided insights into control and monitoring activity in the field of subsurface resources. Definitions have been given to the concept, basic nature, and structure of the legal institute of control and monitoring activity in the field of subsurface resources. The author has analysed the system of entities controlling and monitoring the field of subsurface resources in Ukraine. The author has examined legal problems of civil control for control and monitoring activity in the field of subsurface resources. The research has been undertaken into the activity of government bodies in the field of subsurface resources and proposed improvements thereof. The author has researched the EU legislation in the field of subsurface resources, namely analyzing the Italian legislation in the field of subsurface resources and features of controlling and monitoring in the field. The author has proposed ways to improve controlling and monitoring activity in the field of subsurface resources by establishing a mining police unit as an entity for controlling and monitoring in the field of subsurface resources and by passing appropriate legislation for the said unit thus harmonizing the legislation of Ukraine to that of the EU and strengthening the legal institute for controlling and monitoring in the field of subsurface resources. The author has demonstrated that one of the active mechanism for enforcement of legislation in the field subsurface resources is administrative liability. The author has proposed amendments to the Administrative Offences Code and subsurface legislation. The author has defined four groups of tort in the field of subsurface resources and provided their classification. The author has proposed to draft and pass a number of bylaws with the aim of improving administrative and legal support to controlling and monitoring activity in the field of subsurface resources and amendments to the current legislation.