Judicial practice in cases of termination of the right subsoil use in conjunction with the rights to land, forest plots, water bodies (integrated approach)

Abstract

The paper discusses the mechanisms for terminating the right to use subsoil in order to protect the environment.

From the point of view of environmental protection, the problem of leaving a subsurface user with unreserved and (or) illiquid unclaimed and unsuitable wells for development is analyzed.

The cases of suspension, termination of the right of subsoil use are investigated, including those in the absence of formalized rights to land, forest plots, water bodies. Taking into account the experience of judicial practice, the means of protecting public interest aimed at preserving environmental components are evaluated. The author makes conclusions about establishing, among essential conditions, a license for the use of subsoil resources to conclude a lease contract for land and forest plots, and to obtain a decision on the provision of a water body before starting work and about the termination of the title right to use the corresponding land, forest plot, water body upon termination of the right to use subsoil.