Legal regulation of the management, use, and protection of subsoil

General Provisions

The management and protection of mineral resources in the Russian Federation is based on a comprehensive system of legal regulation, including licensing, state geological survey, accounting and registration of mineral resource use, as well as supervision over compliance with legislation in this area. The main objective of such regulation is to ensure the rational use of mineral resources, preserve the mineral raw material base, and prevent negative impact on the environment. The most important tool is [license](/enc/25055/ "Definition of the term 'License' in the legal

encyclopedias") governing the use of subsoil resources, establishing the rights and obligations of subsoil users and defining the conditions for conducting operations on specific areas.

Licensing of mineral resource use ensures the allocation of mineral resources to federal authorities and authorities of the subjects of the Russian Federation. License confirms the right to conduct geological and mining operations, utilization of waste, creation of particularly protected geological objects, collection of geological collections.

Federal Agency for subsoil use (Rosnedra) is responsible for the issuance, registration and control of licenses, maintains records of applications and makes changes as necessary.

State Geological Exploration of Mineral Resources is a key element of the management system. It includes mapping territory, search and assessment of deposits, monitoring the condition of mineral resources, and forecasting of geological processes. Works are carried out within state programs and projects funded by both the federal budget and from [account](/enc/18601/ "Definition of the term 'Account' in the legal

encyclopedias of subsoil users' resources, with mandatory expert review of projects by authorized bodies.

State accounting and registration are aimed at systematizing information on works by geological exploration, mineral deposits and issued licenses. Maintaining a unified state register ensures transparency and control over the use of mineral resources, as well as serves as a basis for planning and regulation of mineral extraction. Rosnedra performs the functions of accounting, registration, and information support for users and authorities

authorities.

State supervision over geological exploration, rational use, and protection of mineral resources aims at preventing and eliminating violations of mineral legislation and international obligations of the Russian Federation. Supervision is carried out at both federal and regional levels and includes inspections of legal entities and individual entrepreneurs. During inspections, provisions of the Federal Law "On Protecting the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control" are applied, ensuring legality and transparency of inspection procedures.

Among the main functions of management in the field of use and protection of mineral resources, the following can be highlighted: licensing of mineral resource use, state geological exploration of mineral resources, state accounting and state registration, state supervision over geological exploration, rational use and protection of mineral resources, state mining supervision.

Licensing of Mineral Resource Use

Granting mineral resources for use, including their granting for use by state authorities of the subjects of the Russian Federation, is carried out through a special state permit in the form of a license, including a standardized form with the State Emblem of the Russian Federation, as well as textual, graphical and other attachments that are an integral part of the license and define the main conditions for using mineral resources.

Granting a (multiple) area(s) of mineral resources for use under the terms of a production sharing agreement is formalized by a license for the use of mineral resources. License confirms the right to use the specified area(s) of mineral resources under the conditions set forth in an agreement defining all necessary terms of mineral resource usage in accordance with the Federal Law "On Production Sharing Agreements" and the Russian Federation legislation on mineral resources.

A license is a document certifying the right of its owner to use a subsoil plot within specified boundaries for a purpose indicated in it, during an established period, while complying with conditions previously agreed upon. Between authorized state authorities and subsoil users, a contract may be concluded, establishing the terms of using such a plot, as well as the obligations of the parties to perform the specified contract.

The license confirms the right to conduct works on geological exploration of mineral resources, development of mineral deposits, use of waste from mining and related processing industries, use of mineral resources for purposes not related to the extraction of minerals, creation of specially protected geological objects, and collection of mineralogical, paleontological, and other geological collection materials.

It is permissible to issue licenses for multiple types of mineral resource usage. Providing a land plot for conducting works related to geological surveying and other uses of mineral resources is carried out in accordance with the legislation of the Russian Federation after approval of the project for conducting these works (article 11 of the Law of the Russian Federation "On Mineral Resources").

The Federal Agency for Subsoil Use (Rosnedra), including: organizational provision of the state licensing system for subsoil use; tracking incoming applications for licenses, notifying executive authorities of the relevant subjects of the Russian Federation about them; issuance, preparation, and registration of subsoil use licenses; making changes and additions to subsoil use licenses, as well as reissuing licenses (Section II of the Regulation on the Federal Agency for Subsoil Use)¹.

State Geological Survey of Mineral Resources[/enc/18260/ "Definition of the term 'Geological Survey of Mineral Resources' in the legal encyclopedia"]

In the Russian Federation, state geological exploration of mineral resources is carried out, which includes: geological mapping of territory of the Russian Federation and its continental shelf, search and assessment of mineral deposits in accordance with state programs, monitoring of the condition of mineral resources and forecasting of processes occurring within them, collection and [storage](/enc/2987/ "Definition of the term 'Storage' in

information about mineral resources, condition of the mineral raw material base and other types of work related to geological study of mineral resources.

Organization of state geological exploration of mineral resources is assigned to the federal body managing the state subsoil fund. Implementation of powers in the field of organizing state geological exploration of mineral resources is entrusted to the Federal Agency for Subsoil Use (paragraph 5.2.1 of the Regulations on the Federal Agency for Subsoil Use).

Works on geological study of subsoil, search and exploration of mineral deposits carried out at the expense of federal budget funds and other sources are conducted in accordance with approved projects in established procedures, with the expertise being performed by the federal executive body responsible for managing the state subsoil fund or its territorial office at the expense of subsoil users (Article 36.1 of the Law of the Russian Federation "On Subsoil").

State accounting and state registration

State registration and inclusion in the state register are subject to geological exploration works, mineral deposits areas allocated for the extraction of minerals, as well as for purposes not related to their extraction, and licenses for the use of subsoil. State registration and maintenance of the state register are carried out on a unified system basis in accordance with ², established by the federal executive body responsible for managing the state mineral fund (article 28 of the Law of the Russian Federation "On Mineral Resources").

Federal agency for subsoil use (Rosnedra), including conducting state accounting and ensuring the maintenance of the state register of works on geological exploration of subsoil, subsoil areas allocated for mineral extraction, as well as those intended for purposes not related to their extraction, and licenses for subsoil use (paragraph 5.4.2 of the Regulations on the Federal Agency for Subsoil Use).

State Supervision over Geological Exploration, Rational Use, and Protection of Subsoil

The tasks of state supervision over geological exploration, rational use, and protection of mineral resources include preventing, detecting, and halting violations by users of mineral resources of requirements set forth in international agreements of the Russian Federation, legislation of the Russian Federation on mineral resources, and standards (norms, rules) approved in accordance with procedures established by legislation of the Russian Federation in the field of geological exploration, rational use, and protection of mineral resources.

State supervision over geological exploration, rational use, and protection of mineral resources is carried out by authorized federal executive bodies (federal state supervision) and executive bodies of the subjects of the Russian Federation (regional state supervision) within their competence in accordance with procedures established respectively by the Government of the Russian Federation and the highest executive body of state authority of a subject of the Russian Federation.

The provisions of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during the Implementation of State Control (Supervision) and Municipal Control" apply to relations related to the implementation of state supervision over geological exploration, rational use and protection of mineral resources, as well as the organization and conduct of inspections of legal entities and individual entrepreneurs (Article 37 of the Law of the Russian Federation "On Mineral Resources").

1. Approved by the Government of the Russian Federation Decree dated June 17, 2004, No. 293 "On Approval of the Regulation on the Federal Agency for Subsoil Use". ↩
2. See the Order of the Ministry of Natural Resources and Environment of Russia dated April 3, 2013, No. 121 "On Approval of the Administrative Regulation of the Federal Agency for Subsoil Use on Providing State Service on Maintaining State Accounting and Ensuring Maintenance of the State Register of Works on Geological Exploration of Subsoil, Subsoil Areas Provided for Extraction of Minerals, as well as for Purposes Not Related to Their Extraction, and Licenses for

"use of subsoil resources" // BNA FSOIV. 2013. No.