There is no doubt about the special importance of minerals that contain subsoil for the country's economy. In this regard, the Federal Law No. 2395-1 "On Subsoil" dated 02.21.1992 was developed and adopted, which currently regulates all issues related to their development and use.
Definition and types of the right to use subsoil
It is important to have a clear understanding of this object of law. The law gives a definition to a special natural object - the bowels of the country. They are part of the earth's crust under the soil layer. In the absence of a soil layer, everything that is located below the surface of the earth or the bottom of water bodies belongs to the subsoil. The subsurface depth is defined as the area available for geological exploration and development.
Naturally, one of the main issues that requires regulation by law is the issue of subsoil use rights. All of them are subdivided into areas with different legal regime of use. There are sections of federal, regional and local significance, the right to use which is regulated by the relevant executive bodies of these three levels of government. In addition, the right to use subsoil can also be secured under the terms of production sharing agreements.
The subsoil areas under federal subordination are a guarantee of meeting the needs of the Russian Federation in strategic and scarce types of resources, and its national security.
Types of subsoil use
The second important aspect, which is regulated by the Law on Subsoil, is the list of uses of this natural resource, which restricts the rights of subsoil users, ensuring the replenishment and reproduction of this natural object. The Subsoil Law helps to prevent the predatory plunder and use of natural resources, providing the state with the necessary strategic raw materials.
The subsoil can be provided to users in order to conduct geodetic, geological and geophysical surveys and surveys, including for predicting earthquakes or monitoring groundwater. The subsoil can also be used to search for and evaluate underground mineral deposits, but not for their extraction, as well as for the construction of structures located underground, but not intended for mining.
It is also possible to obtain a permit for the use of subsoil on the basis of the relevant administrative authorities if the activity of the enterprise is related to the organization of specially protected territories and objects: educational and scientific proving grounds, wildlife sanctuaries, natural monuments, caves, underground cavities. The subsoil can also be used to collect mineralogical collections. In some cases, on the basis of a license, it is allowed to provide a subsoil plot for the simultaneous study and production of minerals.
