Extraction of Common Minerals for Own Needs

for own needs on

In accordance with civil law, the owner owns the rights to own, use and dispose of his property. These are the three powers that each owner is vested with. The Civil Code of the Russian Federation gives the owner the right, at his discretion, to perform any actions regarding his property that do not contradict the law and other legal acts and do not violate the rights and interests of others protected by law. In particular, the owner is vested with the right to alienate his property into property to other persons, to transfer to them, while remaining the owner, the rights to own, use and dispose of the property, to pledge the property and encumber it with other means, to dispose of it in another way. with their land plots are regulated by civil law, taking into account the features established by land legislation. Article 40 of the RF Labor Code contains an open list of the rights of owners of land plots: 1) the owner of a land plot has the right to use common minerals, fresh groundwater, and ponds irrigated in quarries in accordance with the legislation of the Russian Federation for their own needs .According to the Federal Law “On Subsoil” the provision of subsoil plots to private ownership is not provided. Therefore, it is necessary to distinguish between the concepts of “subsurface sites” and “extracted minerals.” If the subsoil and their plots belong exclusively to the state on the basis of ownership (Article 1.2 of the Law “On Subsoil”), then the extracted common mineral resources may be owned by citizens and legal entities – owners of land plots. The owners of land are entitled in accordance with Art. 19 of the Law “On Subsoil” at its discretion, within the boundaries of land, to carry out without the use of blasting operations the extraction of common minerals not listed on the state balance sheet, to a depth of five meters. The procedure for using subsoil by legal entities and citizens within the boundaries of the land plots provided to them mining of common minerals is established by laws and other regulatory legal acts of the constituent entities of the Russian Federation (Article 18 of the Law “On Subsoil”). Mineral resources may be used by land owners only for their own needs, such as construction. When…

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