Агафонов В.Б. Основные направления совершенствования законодательства Российской Федерации в сфере государственного мониторинга состояния недр

Аннотация: State monitoring of the subsoil resources condition is an integral component of the state environmental monitoring (state ecological monitoring). According to the Regulations on conducting state monitoring of the condition of the Russian Federation subsoil resources, approved by Order of the Russian Federation Ministry of Natural Resources № 433 and dated May 21, 2001, state monitoring of condition of subsoil resources or geological environment is a system of regular observations, data collection, compiling, processing and analysis of information, assessment of the condition of the geological environment and forecast of its changes under the impact of natural factors, use of subsoil resources and other types of economic activities. State monitoring of subsoil resources condition is an integral component (subsystem) of the complex system of the environmental monitoring. The Ministry of Natural Resources оf the Russian Federation carries out the works on state monitoring of the subsoil resources condition in cooperation with other specially authorized state agencies in the sphere of protection of environment and nature management. However, the existing regulation on state monitoring of the subsoil resources condition, in reality does not have regulatory mechanisms, providing exercising of power in the state monitoring of the subsoil resources condition by the Ministry of Natural Resources of the Russian Federation. The existing regulation also does not enable the state agencies of Krai, Oblast and other local governments in the Russian Federation to participate in carrying out of the state environmental monitoring with the right to establish and provide functioning of territorial systems of observation of the state of environment on their respective territories, although Article 6 of the Federal Law “On Environmental Protection” (№ 7-FZ) dated January 10, 2002 does provide for granting such power to local governments. It does not also include participation in carrying out of the state monitoring of the subsoil resources condition, based on the analysis of the Regulations on organization and implementation of the state environmental monitoring, (state ecological monitoring) approved by Resolution № 177 of the Russian Federation Government. This article contains analysis of the existing Russian Federation legislation, which gives the definition of “state monitoring of the subsoil resources condition” and states its correlation with the state environmental monitoring (state ecological monitoring) and requirements to the method of its organization and carrying out, with the purpose of identifying deficiencies of the legal regulation in the mentioned area, and, herewith, aiming at development of proposals on how to improve the existing legislation of the Russian Federation and legislations of its local governments, related to the problems of state monitoring of subsoil resources condition.

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Abstract: State monitoring of the subsoil resources condition is an integral component of the state environmental monitoring (state ecological monitoring). According to the Regulations on conducting state monitoring of the condition of the Russian Federation subsoil resources, approved by Order of the Russian Federation Ministry of Natural Resources № 433 and dated May 21, 2001, state monitoring of condition of subsoil resources or geological environment is a system of regular observations, data collection, compiling, processing and analysis of information, assessment of the condition of the geological environment and forecast of its changes under the impact of natural factors, use of subsoil resources and other types of economic activities. State monitoring of subsoil resources condition is an integral component (subsystem) of the complex system of the environmental monitoring. The Ministry of Natural Resources оf the Russian Federation carries out the works on state monitoring of the subsoil resources condition in cooperation with other specially authorized state agencies in the sphere of protection of environment and nature management. However, the existing regulation on state monitoring of the subsoil resources condition, in reality does not have regulatory mechanisms, providing exercising of power in the state monitoring of the subsoil resources condition by the Ministry of Natural Resources of the Russian Federation. The existing regulation also does not enable the state agencies of Krai, Oblast and other local governments in the Russian Federation to participate in carrying out of the state environmental monitoring with the right to establish and provide functioning of territorial systems of observation of the state of environment on their respective territories, although Article 6 of the Federal Law “On Environmental Protection” (№ 7-FZ) dated January 10, 2002 does provide for granting such power to local governments. It does not also include participation in carrying out of the state monitoring of the subsoil resources condition, based on the analysis of the Regulations on organization and implementation of the state environmental monitoring, (state ecological monitoring) approved by Resolution № 177 of the Russian Federation Government. This article contains analysis of the existing Russian Federation legislation, which gives the definition of “state monitoring of the subsoil resources condition” and states its correlation with the state environmental monitoring (state ecological monitoring) and requirements to the method of its organization and carrying out, with the purpose of identifying deficiencies of the legal regulation in the mentioned area, and, herewith, aiming at development of proposals on how to improve the existing legislation of the Russian Federation and legislations of its local governments, related to the problems of state monitoring of subsoil resources condition.

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