Public control over the actions of government in the field of research and rational use of mineral resources

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Authors:

O.Vasylchenko, Dr. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0002-4464-3708, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

O.Lotiuk, Dr. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0001-7119-754Х, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

O.Kudriavtseva, Cand. Sc. (Jurid.), orcid.org/0000-0002-5875-9146, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Z.Kravtsova, Cand. Sc. (Jurid.), orcid.org/0000-0002-9708-1999, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract:

Purpose. To reveal the legal nature, forms, and methods of public control over the actions of the state power in the field of research and rational use of mineral resources. To consider the legal mechanisms which determine public control in the particular area of the activity: the protection of mineral resources from unlawful attacks by the state and other entities.

Methodology. The authors used the structural and systemic methods, comparative and legal, historical and retrospective, as well as formal and dogmatic methods.

Findings. The control over the actions of state power requires a broader legal approach, a clearer definition of the strategic and tactical objectives of state policy tasks to form political awareness and civic activism in the public. In the work, the authors focused on the disclosure of the legal nature and establishment of the relationship between the principles of public control over the government in the field of research and rational use of mineral resources. It allowed: Clarification of the basic legal framework of public control by subordinate normative legal acts, which regulate procedural questions of basic laws, will allow to solve a number of tasks on democratization of the state administration. This allowed:

1. To clarify the basic legal framework of public control by subordinate normative legal acts, which regulate procedural questions of basic laws.

2. To propose legal mechanisms for the improvement of public control in order to increase the effectiveness of the activities of state authorities in the field considered.

3. To strengthen the influence of public control on the adoption of socially important decisions in the field of geological study and rational use of the mineral resources, as well as the protection of the mineral resources from unlawful encroachments by the state and other entities.

Originality. The authors proposed and proved two interrelated theses:

1. The effectiveness of state authority in the field of exploration and rational use of mineral resources ensures the proper public control.

2. Insufficient development of the legal nature, forms, and methods of public control is the main cause of impunity and irresponsible attitude of the government in the field of exploration and rational use of mineral resources.

Practical value. The proper public control ensures the effectiveness of government actions in the field of research and rational use of mineral resources. The proposed mechanisms for improving public control will be used in practice. The article is of importance for lawyers, political scientists, public servants who specialize in monitoring the actions of government in the field of research and the rational use of mineral resources.

References.

1. The Constitution of Ukraine2019 (Edited by 02/21/2019). Retrieved from https://zakon.rada.gov.ua/laws/show/254% D0%BA/96-%D0%B2%D1%80.

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3. Law of Ukraine “On Information”, 2017(2017, January 1) Retrieved from https://zakon.rada.gov.ua/laws/show/2657-12.

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16. Resolution of the Cabinet of Ministers of Ukraine “On Ensuring Public Participation in the Formation and Implementation of State Policy” dated November 3, 2010 № 996 Retrieved from https://zakon.rada.gov.ua/laws/show/996-2010-%D0%BF.

17. Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Facilitating the Public Expertise of the Acti­vi­ties of Executive Authorities” (2009, March 3) Retrieved from https://zakon.rada.gov.ua/laws/show/976-2008-%D0%BF.

18. Law of Ukraine “On Public Procurement”, 2019 (2019, January 1). Retrieved from https://zakon.rada.gov.ua/laws/show/922-19.

19. Law of Ukraine “On Prevention of Corruption”,2018 (2018, August 31). Retrieved from https://zakon.rada.gov.ua/laws/show/1700-18.

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ISSN (print) 2071-2227,
ISSN (online) 2223-2362.
Journal was registered by Ministry of Justice of Ukraine.
Registration number КВ No.17742-6592PR dated April 27, 2011.

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