Mikhail V. Ponomarev1, 2
1Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, email@example.com, https://orcid.org/0000-0001-6917-9801
2Moscow State University of Geodesy and Cartography, Moscow, Russia
Abstract. The relevance of environmentally safe management of subsurface use waste is primarily due to the fact that the development of the Arctic zone of Russia and the development of economic activity within its borders is due to the special geostrategic significance of the territories included in it, and the natural resource potential of the Russian Arctic is of great importance for the further development of both the fuel and energy complex and the entire Russian economy as a whole.
The purpose of the article is to identify and scientifically study the environmental and legal problems of dealing with subsurface use waste in the Arctic zone; the tasks are to consider the main priorities of the Russian state policy in relation to the natural resources of the Arctic zone, the goals of the state environmental policy in the Arctic zone in the field of waste management, in particular, with subsurface use waste, to determine the composition of subsurface use waste and the specifics of legislative regulation of activities for handling them.
The article analyzes the peculiarities of the realization of the ownership right to subsurface use waste, the peculiarities of the legal regime of objects of their placement with their possible assignment to objects of movable or immovable property, as well as possible prospects for legislative regulation of relations on waste management, taking into account the specifics of the Arctic zone.
Research methods: special legal methods of cognition, the method of legal forecasting.
Conclusions: the distribution of responsibilities regarding the content of drilling waste should be carried out exclusively within the framework of contractual relations between the subsurface user and the drilling contractor, while questioning the possibility of applying in this case the legal structure of a mixed contract; it is necessary to take into account the peculiarities of the Arctic zone in the mechanism of compensation for damage caused to the environment, in particular, the placement of subsurface waste, by making changes to existing taxes and methods of compensation for damage in the form of the application of appropriate increasing coefficients.
Keywords: waste, production waste, subsurface use, subsoil use, exploration and extraction of minerals, subsurface use waste, environmental protection, environmental safety, environmental and legal problems, the Arctic, the Arctic zone
For citation. Ponomarev M. V. Environmental and Legal Problems of Subsurface Use Waste Management in the Arctic Zone of the Russian Federation. Journal of Russian Law, 2021, vol. 25, no. 10, pp. 143—156. (In Russ.) DOI: 10.12737/jrl.2021.129
Full text in Russian