Publication date: 09.07.2024
Legal regulation of subsoil use in Ukraine
Introduction
Subsoil is one of the key components of natural resources that are important for Ukraine's economy and environmental security. They include minerals, mineral resources, groundwater and other resources located below the earth's surface. The legal regulation of subsoil use is aimed at ensuring the rational use, protection and reproduction of subsoil. In this article, we will consider the main principles, regulatory framework and mechanisms of legal regulation of subsoil use in Ukraine.
Basic principles of legal regulation of subsoil use
The legal regulation of subsoil use in Ukraine is based on several basic principles that ensure the rational use and protection of subsoil:
Theprinciple of sustainable development. Subsoil use should be carried out in such a way as not to jeopardize the possibility of meeting the needs of future generations.
Theprinciple of rational use. Subsoil should be used efficiently and economically, with minimal losses and maximum recovery.
Theprinciple of environmental safety. Subsoil use must ensure environmental safety and preservation of natural ecosystems.
Theprinciple of payment for subsoil use. Subsoil use is carried out on a paid basis, which contributes to the rational use and protection of subsoil.
Theprinciple of damage prevention. Subsoil use measures should provide for the prevention of negative consequences for the environment and human health.
Theprinciple of responsibility. Subsoil users are responsible for the preservation and restoration of subsoil, as well as for compensation for damages.
Key regulatory acts
The legal regulation of subsoil use in Ukraine is based on a number of regulations, among which the key ones are
TheConstitution of Ukraine. The Constitution defines the basic principles of environmental protection and rational use of natural resources, including the right of everyone to a safe environment for life and health and the obligation of the state to ensure environmental safety.
The SubsoilCode of Ukraine. The Code is the main regulatory act governing legal relations in the field of subsoil use and protection, and sets requirements for geological exploration, mining and subsoil protection.
TheLaw of Ukraine "On Environmental Protection". This law defines the legal framework for environmental protection, including subsoil, as well as the rights and obligations of business entities and citizens in this area.
TheLaw of Ukraine "On Oil and Gas". The Law regulates the use and protection of oil and gas resources, sets requirements for the production, transportation and storage of oil and gas.
TheLaw of Ukraine "On Geological Exploration and Rational Use of Subsoil". The Law defines the legal framework for geological exploration of subsoil, rational use of mineral resources and their protection.
TheLaw of Ukraine "On Ensuring Sanitary and Epidemic Welfare of the Population". The Law regulates the issues of protecting the public health from the negative impact of subsoil extraction and use.
TheLaw of Ukraine "On the Nature Reserve Fund of Ukraine". This law defines the legal framework for the creation, protection and use of the nature reserve fund, which includes areas of special environmental value.
Mechanisms of legal regulation of subsoil use
Ukraine uses various mechanisms of legal regulation to implement its environmental policy and ensure the rational use of subsoil:
Licensing and permitting system. Activities related to subsoil use are subject to mandatory licensing and obtaining of relevant permits, which ensures control over compliance with environmental requirements.
Geological exploration. Geological exploration of subsoil in order to assess its condition, identify mineral reserves and plan measures for their rational use.
Environmental expertise. Assessment of the impact of economic activity on subsoil is carried out by conducting an environmental impact assessment, which is mandatory for projects that may have a significant impact on subsoil.
Environmental control. State environmental control is carried out by specially authorized bodies that inspect compliance with the requirements of the legislation in the field of subsoil use, identify violations and impose sanctions.
Environmental payments and fees. Establishment of environmental payments and fees for the use of subsoil and environmental pollution, which stimulates the rational use and protection of subsoil.
Environmental insurance. Introduce environmental insurance to cover possible damage to subsoil caused by accidents or other emergencies.
Environmental education and awareness. Raising environmental awareness of the population through educational programs, seminars, trainings and information campaigns.
International cooperation. Ukraine's participation in international treaties and conventions, cooperation with other states and international organizations to address global environmental issues related to subsoil use.
International aspects of subsoil protection
Ukraine is a party to a number of international treaties and conventions governing subsoil protection. The main international documents include:
Convention on the Protection of Transboundary Watercourses and International Lakes. The Convention regulates cooperation between states in the field of protection and rational use of transboundary water resources, including groundwater.
TheUnited Nations Framework Convention on Climate Change. The Convention is aimed at preventing anthropogenic climate change, in particular by reducing greenhouse gas emissions that affect the subsoil.
Kyoto Protocol. A protocol to the UN Framework Convention on Climate Change that establishes obligations for developed countries to reduce greenhouse gas emissions.
Paris Agreement. A global agreement aimed at combating climate change, limiting the increase in global average temperature and strengthening the adaptive capacity of states.
European Convention on Environmental Protection. The Convention is aimed at the conservation and sustainable development of natural resources, including subsoil, in Europe, and the promotion of international cooperation in the field of environmental protection.
Challenges and prospects for the development of legal regulation of subsoil use
The legal regulation of subsoil use in Ukraine faces a number of challenges that need to be addressed and resolved to ensure an effective environmental policy:
Insufficient funding. Lack of financial resources for the implementation of environmental programs and projects, which complicates the implementation of the requirements of the legislation in the field of subsoil use.
Imperfect legislative framework. There is a need to improve legislation, harmonize it with international standards and requirements, and eliminate gaps and inconsistencies.
Lack of effective control mechanisms. Insufficient effectiveness of state environmental control, the need to increase liability for violations of environmental legislation.
Low level of environmental awareness. Insufficient level of environmental awareness among the population, the need for educational programs and information campaigns to raise awareness of environmental problems and ways to solve them.
Prospects for the development of legal regulation of subsoil use include:
Increasedfunding. Attraction of additional financial resources for the implementation of environmental programs and projects, creation of subsoil protection funds.
Improvement of the legislative framework. Improvement of legislation, harmonization with international standards and requirements, development of new regulations to address current environmental issues.
Strengthening control and responsibility. Strengthening state environmental control, introducing stricter sanctions for violations of environmental legislation, and developing mechanisms to encourage compliance.
Development of international cooperation. Intensify cooperation with other states and international organizations to address global environmental issues related to subsoil use.
Raisingenvironmental awareness. Conducting educational programs, seminars, trainings and information campaigns to raise environmental awareness and form an environmental culture.
Conclusion.
The legal regulation of subsoil use in Ukraine is an important aspect of ensuring environmental safety, conservation of natural resources and sustainable development. It includes the regulatory framework, mechanisms for implementing environmental policy, international cooperation and measures to raise environmental awareness of the population. Effective legal regulation of subsoil use contributes to protecting human health, preserving biodiversity and ensuring a high quality of life. Ensuring adequate legislative and institutional support, increasing funding, strengthening control and accountability, and developing international cooperation are key tasks for the further development of environmental policy in Ukraine. This will ensure sustainable development, preservation of subsoil and improvement of environmental quality for current and future generations.
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