Non-compliance with the requirements for subsoil protection: issues of administrative liability

Анотація

The purpose of the research is to analyze the issues of bringing persons to administrative liability for non-compliance with the requirements for subsoil protection. Research methods. The paper is based on general scientific and special methods of scientific cognition. Results. The authors have analyzed the particularities of distinguishing administrative liability from criminal one violating the requirements for subsoil protection. It has been emphasized that administrative misdemeanors differ from criminal offences by a lack of the intention to inflict serious harm to protected social relations. This difference is manifested in all elements of unlawful acts of both types: an object, actus reus, a subject, mens rea. The article has made a comprehensive analysis of the elements of an administrative offence for violating the requirements for subsoil protection. It has been found out that taking into account the body of an administrative offence under art. 57 of the Code of Ukraine on Administrative Offenses, i. e., blanket elements, one should refer to normative legal acts which regulate a complex of social relations in the subsoil realm and determine specific elements of administrative offences. The research has established that the breach of requirements for subsoil protection involves violating the performance of mining activity. The authors highlight that there is legal liability for the disturbance of mining activity. In particular, persons guilty of breaching mining laws are brought to disciplinary, administrative, civil and criminal liability under the laws of Ukraine. The article has studied administrative liability for the above offences. Mining offences mean the execution of mining works without technical documents (projects, work descriptions) approved under the established procedure or violation of their requirements. Conclusions. The research concludes that bringing to administrative liability for non-compliance with regulations on the protection of subsurface resources arises when one infracts the Subsoil Code of Ukraine and the Mining Law of Ukraine, in particular, violations in mining works, i. e., the execution of mining works without approved technical documents (projects, work descriptions etc.) or breach of their requirements.

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