The State Service of Geology and Subsoil of Ukraine (Geonadra) as a legal subject exercising the right of geological control

Abstract

The article analyzes the scientific and legislative provisions related to the legal status of the State Service of Geology and Subsoil of Ukraine as a subject of geological control. The external and internal structural peculiarities and normative bases of exercising the control and supervisory functions of the State Geonadra are investigated. The external aspect is the subordination of the organization to the Ministry of the Environment, which determines the priority areas of work of the State Geonadra, approves its work plans and harmonizes the structure of the apparatus. The internal aspect is that it exercises its powers directly both through established territorial bodies (Department of State Geological Control, inter-regional territorial departments and through territorial inspectorates, which are within the sphere of management of the State Geonadra) created within the established order. The normative grounds for exercising control and supervisory functions by the State Geonadra at the present stage are analyzed: the law on state surveillance; government regulations; orders of the State Regulatory Service of Ukraine, the Ministry of Environment and the State Geonadra; annual and monthly inspection plans; document forms and reporting forms. The authors propose a classification of subjects of geological control rights, which includes the following types: general, generic and direct (primary and secondary). The classification of scheduled and unscheduled inspections as measures of state supervision (control) was made according to the following criteria: patrimonial subject of control; the object of control over the use of mineral resources; the subject of the initiation and the reason for unscheduled inspections; the object of control over the destination of minerals; the object of control over the type of natural mineral substance. The beginning of the reform of the state supervision (control) system in the field of environmental protection is characterized. Its purpose is to create an effective state system for the prevention of environmental offences and for environmental monitoring, reduce the pressure on the business environment, encourage broad involvement of the public in the supervision (control), formation of a single integrated state body of environmental monitoring and control (D) – State Environmental Protection Service.

Exploring and Proposing Appropriate Provisions Addressing the Mineral Resources Subjects and Governing Entities within the Framework of Gemological Law of Ukraine

“…Additionally, attention is directed towards workers involved in the extraction and processing of colored stones (Archuleta, 2016), researchers specializing in colored gemstones, participants in field expeditions, and institutions like the Gemological Institute of America (GIA) (Vertriest, Palke and Renfro, 2019). Further exploration includes mining management (Hilson, 2020), the State Service of Geology and Mineral Resources of Ukraine (Kirin, Baranov and Khomenko, 2020), geologists at emerald mines (Manyepa and Mutambo, 2021), and workers extracting gemstones, alongside gemological companies (Sindelar, Barden and Stülp, 2021). According to the Ukrainian legislation, entities engaged in the extraction, production, use and storage of gemstones, as well as transactions involving them, are allowed to participate in economic activities in accordance with the law, irrespective of their property ownership form (Government of Ukraine, 1997 1 , hereinafter referred to as the Law on PM&GS).…”