Legislative amendments in the field of land use for the needs of subsoil use

Abstract

Ensuring the needs of the economy in mineral resources and their effective use is one of the main issues of modern development of Ukraine. The problem of expanding the mineral and raw material base of Ukraine as a material basis for the growth of the national economy is the lack of a balanced systemic approach, the optimal option of which is the balanced use of state and private business resources and the introduction of an innovative and investment mechanism of subsoil use. In addition, the organizational and legal mechanism related to the emergence and realization of rights to the corresponding land plots used for the needs of subsoil use remains imperfect.The importance of the study is confirmed by the fact that the imperfect legal regulation of the use of land for the needs of subsoil use prevents the increase in the search, exploration and development of oil and gas deposits, which play a decisive role in the composition of minerals and ensure the satisfaction of public interests, primarily the needs of the economy.The article examines and analyzes the latest changes to the legal acts regulating the use of land plots for the needs of subsoil use. The legal problems of the emergence and implementation of the right to use land plots for the needs of subsoil use are considered, as well as the characteristics of the use of these land plots are characterized. It has been established that the main legal form of land use for subsoil use is easement use. Considered the possibility of registration of land rights for the needs of subsoil use with such a property right as a lease.The necessity of legislative consolidation of the preliminary agreement of the land issue between the potential subsoil user and the owner of the corresponding land plot is substantiated. The peculiarity of subsoil use is that, under any conditions, the will of the holders of land rights (owner or land user) is required within the boundaries of land plots (or their parts), which will be necessary for the needs of subsoil use.