Restriction, Suspension and Termination of Subsoil Use Rights

Abstract

This article draws attention to the legal basis of restricting, suspending and terminating subsoil use rights, as well as to the the practical problems arising from such relations that can be both of rights discharging and rights initiating character for beneficial and perspective subsoil users. The subsoil use of resources is characterized by the fact that the mined minerals and natural resources are usually not classified as renewable resources and the search for new reserves in the worst climatic conditions or in the areas that have not been developed yet is still expensive. One of important elements of the subsoil use is the mechanism of termination of subsoil use that is currently far from being perfect. Difficulties associated with the termination of subsoil use rights are reinforced by the fact that the process of developing legislation on mineral resources in the Russian Federation has not been finished yet. The article considers the issues of two existing but in fact inactive mechanisms that have adverse effects on subsurface users, namely limitation and suspension of the right of subsoil use.