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Is standard-legal base nedropolzovanija as institutsionalnaja a basis of strategic management in gornoyopromyshlennom a complex

Proceeding from the law of the Russian Federation «About bowels» from 21.02.1992 N 2395-1 (edition from 29.12.2014) [86], bowels are a part of the earth crust possessed below a soil layer, and at its absence - below a terrestrial surface and a bottom voyodoemov and the water currents, stretched to the depths accessible for geologicheyoskogo of studying and development.

Deposits OPI having in some cases a direct exit on poyoverhnost, too get under the definition indicated above. Thus, the ground areas in which territory deposits place

OPI, also get under law action «About bowels» Russian FederaYOtsii.

In article 1.2 of the law of the Russian Federation «About bowels» the state pattern of ownership on bowels is accurately established iskljuchiyotelno. In this connection, juriyodicheskie and physical persons can acquire is only right uses konyokretnogo a plot of bowels and only for definite purposes.

At the same time, though in practice of it, practically, it is not visible, bowels belong to company, and the state should dispose of them only. Nevertheless, the right to dispose of bowels belongs to the state, and only the state can define destiny of plots of bowels (for legal purposes), establishing conditions and an order of transfer of plots of bowels in use, carrying out the control over works conducted on a plot etc. [128].

Because plots of bowels cannot be a subject of donation, a font, sale, the lien, the contribution, inheritance or to be alienated in other form (article 1.2 of the law of the Russian Federation «About bowels»), it is possible to say that bowels obladayojut such sign, as neotchuzhdaemost, fixing these objects in exclusive and a state sole property. At the same time, plots of bowels are not vneoborotnymi, that speaks about possibility soyovershenija bargains with plots of bowels: their performance as a subject soyoglashenija about production section, granting in use, etc. [112].

Being based on the All-Russian qualifier of kinds ekonomicheyoskoj activity, production and services (OKDP), a pebble, sand, building stones, gravel, clay and other kinds OPI extracted by the building or mountain companies, it is possible to carry to production mining proyomyshlennosti, i.e. to minerals.

Let's notice, that attention to legal questions in the field of regulation pravootnosheny, resulting extraction and processing OPI, has started to amplify only the last some years. Before in various monographies, articles, is standard-legal documents and other istochni -

kah, mention OPI met only in passing, within the limits of studying and resheyonija the other problems connected with wildlife management.

Along with it active legislative activity of public authorities of subjects of the Russian Federation, aimed on sovershenstvoyovanie the regulatory legal acts defining and regulating poyorjadok uses of bowels, containing OPI is observed also. Some out-of-date certificates have been completely cancelled, to some have been introduced significant korrekyotirovki.

In the law «About bowels» there is a number of subparagraphs and separate articles, koyotorye relate to regulation of relations in sphere nedropolzoyovanija at extraction OPI, however, as a whole, the law «About bowels» not predusmatriyovaet detailed consideration of this question. In this connection neobhoyodima working out of uniform methodological base of drawing up of regional and local regulatory legal acts which could fill in proyobely, available in the Federal law.

All plots of bowels are divided into plots local (law article 2.3 «About bowels») and federal (law article 2.1 «About bowels») significances. Plots of bowels of federal significance concern [86]:

1) containing deposits and displays of uranium, diamonds, especially pure quartz raw materials, the rare earths ittrievoj groups, nickel, kobalyota, tantalum, niobija, berillija, lithium, metals of platinum group;

2) containing on the basis of data of the state balance zapayosov minerals since January, 1st, 2006: extracted stocks of petroleum from 70 million tons; stocks of gas from 50 billion cubic metyorov; stocks of radical gold from 50 tons; stocks of copper from 500 thousand tons;

3) internal marine waters, the territorial sea, a continental shelf of the Russian Federation;

4) at which use it is necessary to involve ground uchayostki from structure of the earths of defence, safety.

Concerning plots of bowels of the federal significance, all disputes, vozniyokajushchie concerning their use, are regulated at federal level according to federal regulatory legal acts and zayokonami.

To plots of bowels of the local significance which are in jurisdiction reyogionalnyh of the authorities, concern [86]:

1) containing obshcherasprostranennye minerals;

2) used for building and operation underground sooruyozheny the local and regional significance, not connected with extraction polezyonyh minerals;

3) containing underground waters which are used for drinking and economic-household water supply or technological maintenance with water of objects of the industry or objects selskohozjajyostvennogo appointments and which volume of extraction makes no more than 500 м3 a day (item 3 it is entered FZ from 29.12.2014 N 459-FZ).

Proceeding from the characteristic of plots of bowels of local significance, it is possible to draw a conclusion, that OPI are minerals local znacheyonija. In this connection, regulation of relations in sphere nedropolzovanija (article 4 FZ «About bowels») at extraction OPI is in management bodies goyosudarstvennoj the authorities of subjects of the Russian Federation. At the same time, otyodelnye questions in the given area are regulated at federal level. For example, it is possible to result a number of positions of article 3 of the law of the Russian Federation «About bowels». (Endurances) concern authorities of federal public authorities in sphere reguliyorovanija relations nedropolzovanija:

6.1) formation together with subjects of the Russian Federation of regional lists of the minerals carried to OPI;

7) drawing up and management the state balance of stocks of minerals; the state account of plots of the bowels used for mining operations and building of underground structures, not connected with mining operations; drawing up and management the state
Cadastre of deposits and displays of minerals; gosudarstvenyonaja registration of works on geological studying of bowels; an establishment poyorjadka drawing up and management the state balance of stocks useful isyokopaemyh, an order of drawing up and management the state cadastre mestoyorozhdeny and displays of minerals, an order of drawing up and vedeyonija territorial balances of stocks and cadastres of deposits and projavyoleny OPI, etc.

(Endurances) concern authorities of public authorities of subjects of the Russian Federation in sphere of regulation of relations nedropolzovanija in the territories:

6) drawing up and management territorial balances of stocks and kadastyorov deposits and displays obshcherasprostranennyh useful iskoyopaemyh and the account of plots of the bowels used for building of underground structures, not connected with mining operations;

7) the order together with the Russian Federation uniform state fund of bowels in the territories, formation together with the Russian Federation regional peyorechnej the minerals carried to OPI, and granting of the right of use by plots of bowels of local significance;

8.1) the coordination of contract designs of working out of deposits OPI and other design documentation on fulfilment of the works connected with use by plots of bowels of local significance, etc.

Local governments also participate in reguliyorovanii questions of operation of deposits OPI (article 5 FZ «About neyodrah»). (Endurances) concern authorities of local governments in sphere reguliroyovanija relations nedropolzovanija:

5) the control over use and protection of bowels at extraction OPI, and also at building of the underground structures which have been not connected with mining operations.

The bases of occurrence of the right of use of plots of bowels javljayojutsja (article 10.1 FZ «About bowels») (endurances):

6) accepted according to the legislation of the subject of the Russian Federation the decision of a public authority of the subject of the Russian Federation about:

- Granting by results of auction of the right of use by a plot of bowels of the local significance, included in the list of plots of bowels of the local significance, confirmed by enforcement authority of the subject of the Russian Federation, for investigation and extraction OPI or for geological studying, investigation and dobyyochi OPI;

- Granting of the right of use by a plot of bowels of the local significance, containing deposit OPI and included in the list of plots of bowels of the local significance, confirmed by enforcement authority of the subject of the Russian Federation, for investigation and extraction OPI of an open deposit at ustanovleyonii the fact of its opening by the user of the bowels which have conducted works on geoloyogicheskomu to studying of such plot of bowels with the purposes of searches and an estimation mestoroyozhdeny OPI, except for realisation of the indicated works according to the state contract;

- Granting of the right of use by a plot of bowels of the local significance, included in the list of plots of bowels of the local significance, confirmed oryoganom an executive power of the subject of the Russian Federation, for its geological studying with the purposes of searches and an estimation of deposits OPI.

According to article 18 FZ «About bowels», plots of bowels of local significance can be granted for investigation and extraction OPI, geologicheyoskogo studying or realisation under their combined licence geologicheyoskogo studying, investigations and productions.

It is necessary to notice, that there is a possibility of an unaccordance of bowels for extraction OPI and productions of construction materials in that sluyochae if there is a possibility of waste utilisation of the productions which are an alternative source of building raw materials. Though, in real dejayotelnosti such a situation do not meet, practically, never.

Opening of deposit OPI it is established by the conclusion komisyosii, created by enforcement authority of the subject to the Russian Fairy
deratsii. According to article 33.1 FZ «About bowels», the structure of this komisyosii includes representatives of federal controls the state fund of bowels or its territorial bodies.

The list of regional regulatory legal acts of St.-Petersburg and Leningrad region in extraction and use OPI sphere is more low presented:

1. The regional law of Leningrad region from 31.10.2014 N 76-oz "About granting in use of plots of bowels of local significance on territoyorii Leningrad region" (it is accepted ZS LO 22.10.2014)

2. The law of St.-Petersburg from 19.07.2005 N 395-63 (red. From 13.03.2013) "About granting in use of plots of bowels of local significance, soderyozhashchih obshcherasprostranennye minerals, in territory Sankt - Petersburg" (it is accepted ZS SPb 29.06.2005)

3. The order of Committee on wildlife management, protection okruzhajuyoshchej environments and to maintenance of ecological safety of the Government of St.-Petersburg from 06.02.2012 N 13-r (red. From 07.11.2013) "About the assertion of Administrative regulations of granting by Committee on prirodopolyozovaniju, to preservation of the environment and maintenance ecological bezopasyonosti the state service in decision-making on granting of the right of use by plots of the bowels containing deposits obshcherasprostrayonennyh of minerals in territory of St.-Petersburg"

4. The governmental order of St.-Petersburg from 09.09.2011 N 1305 "About an order of extraction by proprietors of the ground areas, zemlepolyozovateljami, land owners and leasers of the ground areas obshcheyorasprostranennyh minerals, building underground sooruyozheny for the needs, and also the system and operation by them household koyolodtsev and chinks in territory of St.-Petersburg"

5. The order of committee on natural resources of Leningrad region from 27.10.2011 N 45 "About the assertion of Administrative regulations on ispolyoneniju committee on natural resources of Leningrad region a sovereign
stvennoj functions on the organisation and realisation when due hereunder competitions or auctions on the right of use of plots of bowels, soderzhashchiyomi deposits obshcherasprostranennyh minerals on terriyotorii Leningrad region ".

6. The order of committee on natural resources of Leningrad region from 12.08.2009 N 89 "About the assertion of the Order of consideration of demands on polucheyonie short-term (within one year) rights of use of a plot of the bowels containing a deposit obshcherasprostranennyh useful iskoyopaemyh, in territory of Leningrad region".

According to list OPI of Leningrad region (it is confirmed miniyosterstvom Natural resources of the Russian Federation №18-r, Administration of Leningrad region №67-r, the Order from March, 14th, 2005), to them concern [244]:

1. Aleurolites, argillity (except used in cement proyomyshlennosti, for production of mineral cotton wool and fibres);

2. Anhydrite (except used in the cement industry);

3. Bitumens and bituminoznye breeds;

4. Brekchii, conglomerates;

5. Magmatic and metamorficheskie breeds (except used for production fire-resistant, kislotoupornyh materials, stone liyotja, mineral cotton wool and fibres, in the cement industry);

6. A pebble, gravel, boulders;

7. Plaster (except used in the cement industry and in meyoditsinskih the purposes);

8. Clay (except bentonitovyh, palygorskitovyh, fire-resistant, kiyoslotoupornyh, the used for farforovo-faience, metallurgical, paint and varnish and cement industry, kaolina);

9. Diatomit, trepel, opoka (except used in cement and steyokolnoj the industries);

10. Dolomite (except used in the metallurgical, glass and chemical industry);

11. A limy tufa, gazha;

12. Limestones (except used in cement, metallurgical, chemical, glass, pulp-and-paper and sugar promyshlennoyosti, for production of alumina, mineral top dressing of animals and ptiyotsy);

13. Quartzite (except dinasovogo, carbide of silicon flux, ferruterous, abrasive and used for production, crystal kremyonija and ferroalloys);

14. A chalk (except used in cement, chemical, glass, rubber, a pulp and paper industry, for reception glinoyozema from nefelina, mineral top dressing of animals and a bird);

15. A marl (except used in the cement industry);

16. Facing stones (except vysokodekorativnyh and harakteriyozujushchihsja a primary exit of blocks of 1-2 groups);

17. Sand (except forming, glass, abrasive, for the faryoforovo-faience, fire-resistant and cement industry, soderzhashcheyogo ore minerals in industrial concentration);

18. Sandstones (except dinasovyh, flux, for glass promyshyolennosti, for production of carbide of silicon, crystal silicon and ferroalloys);

19. Peschano-gravijnye, gravijno-sandy, valunno-gravijnoYopeschanye, valunno-clumpy breeds;

20. A shell rock (except used for mineral top dressing of animals and a bird);

21. Sapropel (except used in the medical purposes);

22. Slates (except combustible);

23. Loams (except used in the cement industry);

24. Peat (except used in the medical purposes).

Proceeding from acting is standard-legal base LO it is possible to tell, that despite essential quantity available is standard-legal
Certificates, integrated approach of the approach to extraction and use OPI regulation is not traced. At local regulatory legal acts and regionalyonyh programs, frequently, there are formulations of the general character, instead of concrete methods, actions and actions. Measures of a liability of infringement of requests of the legislation are besides, implicitly indicated. Because of it in LO the significant amount of cases nesankyotsionirovannoj productions OPI is fixed.

Other problem is extraction OPI without instructions in sootvetstyovujushchih licence documents of some business conditions bowels, nayoprimer, terms of development of a deposit, obligations on tax payment and payments for use of bowels, etc.

Extraction OPI without availability of legitimate rights for use of bowels okayozyvaet negative influence on efficiency of functioning GPK MZ, and also on replenishment of the regional budget and ecological conditions in region of working out of a deposit.

Frequent situation is extraction OPI without geological investigation and dorazvedki deposit stocks, and also without registration sootvetstyovujushchih allowing documents that leads to decrease koeffitsiyoenta extraction from essential losses of minerals.

The objective fact is that OPI do not concern to strategicheyoskim to kinds of mineral raw materials, such as petroleum or gas. Nevertheless, they have the enormous and underestimated significance for a national economy of the country and promote a sustainable development of key industrial branches.

Today and razrayobotki deposits OPI, reduction of regulatory legal acts subekyotov the countries in conformity necessity of perfection of the mechanism of legal regulation of relations for sphere of development sees federal norms and their completion, usileyonie the control over legislation observance quite obvious at realisation dobychyonyh works.

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A source: Peshkova Galina Jurevna. STRATEGIC PLANNING of DEVELOPMENT of the MINING COMPLEX of LOCAL SIGNIFICANCE. The DISSERTATION on competition of a scientific degree of the Doctor of Economics. Kursk - 2018. 2018

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