Transformation of the Participation of Foreign Companies in the Sphere of Russian Subsoil Use

D. Spiridonov
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Abstract

The collapse of the Soviet Union marked the termination of the rigid distribution system of subsurface user quotas, based on the planned indicators of mineral extraction provided by the command economy. Since the beginning of the 1990s, active involvement of foreign companies in the field of subsoil use has begun in our country. The purpose of this process was to use foreign investments, specialists and equipment to develop a profitable and in-demand industry. However, joint ventures and projects of that time, unfortunately, often harmed the national interests of the Russian Federation. In the early 2000s, the active improvement of Russian legislation in the field of subsoil use, land relations and environmental safety began. This was due to both issues of Russia’s economic security and the need to respond to unfriendly policies from a number of Western states.The special military operation on 02/24/2022 and the subsequent sanctions by many world states against the Russian Federation forced the domestic legislator to radically change the approach to granting the right to use mineral resources in Russia. As part of counter-sanctions and actions to protect the Russian economy, foreign companies’ access to the Russian subsoil was actually closed. In addition, all foreign companies were obliged to re-register in accordance with Russian legislation or leave the Russian market, abandoning their assets in favor of domestic companies. In such a situation, a thorough analysis and assessment of the legality of the actions of the Russian authorities is necessary, which many Western countries have already hastened to call nothing else than the nationalization of foreign assets.
外国公司在俄罗斯土地利用领域参与的转变
苏联的解体标志着以计划经济提供的矿产开采指标为基础的地下用户配额的严格分配制度的终结。自20世纪90年代初以来,国外公司开始积极参与我国的地基利用领域。这一进程的目的是利用外国投资、专家和设备来发展一个有利可图和有需求的工业。然而,不幸的是,当时的合资企业和项目往往损害了俄罗斯联邦的国家利益。21世纪初,俄罗斯在底土利用、土地关系和环境安全领域的立法开始积极完善。这是由于俄罗斯的经济安全问题,以及需要对一些西方国家的不友好政策做出回应。2022年2月24日的特别军事行动以及随后世界上许多国家对俄罗斯联邦的制裁迫使国内立法者从根本上改变了授予俄罗斯矿产资源使用权的方法。作为反制裁和保护俄罗斯经济行动的一部分,外国公司进入俄罗斯地下的通道实际上被关闭了。此外,所有外国公司都必须根据俄罗斯法律重新注册,否则就必须离开俄罗斯市场,放弃其资产,转而支持国内公司。在这种情况下,有必要对俄罗斯当局行动的合法性进行彻底的分析和评估,许多西方国家已经急于将其称为对外国资产的国有化。
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