THE LIMITS OF CIVIL LAW REGULATION OF THE SUBSOIL USE RELATIONS
Keywords:
subsoil use, civil law, contracts, licenses, regulation of relationsAbstract
This article discusses certain issues of regulation of relations emerging in the field of subsoil use, the norms of civil law. The article discusses the norms of civil legislation that allow civil law regulation of relations in the field of subsoil use, as well as the norms of sectoral legislative acts on subsoil and subsoil use, which directly provide for the application of civil law to such relations. Attention is drawn to changes in approaches to determining the limits of such regulation caused by changes in the legislation on subsoil and subsoil use, in particular, the adoption in 2017 of the Code of the Republic of Kazakhstan on subsoil and subsoil use.
The article draws attention to the fact that the Code on Subsoil and Subsoil Use has established two subsoil use regimes - licensed and contract. The contract regime applies to hydrocarbons (oil and gas), as well as uranium, and the licensing regime applies to solid minerals and in other cases. Moreover, the relations arising from the subsoil use contract and from the subsoil use license do not fundamentally differ from each other. With the existence of a single contractual regime for the provision of the right to use subsoil in science and law enforcement practice, the possibility of applying to the relations arising from the contract civil law norms on contracts, obligations, etc. was substantiated. Currently, this approach is not applicable to relations arising not from a contract, but from a license issued by a state body.
In conclusion, it is concluded that the norms of civil law can regulate only those relations in the field of subsoil use that meet the characteristics of the subject of civil law regulation, that is, are commodity-money and other property relations based on the equality of their participants.