The article is devoted to the study of the legal nature of the right to use subsoil as a property right. The article concerned with a general legal problem of recognition of a property right as an object of civil rights and main positions of scientists on this issue. The author made an analysis of the signs of the right to use the subsoil and came to a conclusion that it should be recognized as object of civil rights in the legal relationship of its transition. The article concludes that right to use subsoil has a real nature in absolute legal relations to unlimited circle of persons and liability nature in relative legal relationship with the state. The study of legal regulation on the transfer of the right to use subsoil and the analysis of judicial practice are conducted. The author designated a problem of withdrawal of basic capital - the right to use subsoil block from the bankruptcy estate of subsoil user and noted contradictions in the legislation. The recommendations to improve the RF Law «About subsoil» were made and also the contractual forms for law enforcement practice were proposed as a result of the research.
Левочко В.В
Российская академия народного хозяйства и государственной службы
Publications of the author
In the journal
The article examines the basics of civil law regime wastes as objects in the legal relations on subsoil use. The author con-ducted classification of wastes as objects of civil rights, the anal-ysis of the legal regulation and judicial practice. In the article the problem of coherence of the Civil Code of Russian Federation and the Law of Russian Federation "About subsoil" on the ques-tion of ownership of the wastes from the mineral extraction and related processing industries. The article recommendations are made to improve the legislation and to resolve disputes.