Features of antimonopoly regulation in the field of subsoil use

Abstract

Based on the analysis of the provisions of the listed legal norms of the Law “On Subsoil” and taking into account law enforcement practice, as well as the opinions of scientists, certain features of antimonopoly regulation in the field of subsoil use are highlighted in comparison with the general provisions regulating relations related to the protection of competition. Thus, the peculiarities of the legal status of the participants in the relations are noted; special rules for the coordination of transactions, other actions entailing the establishment of control of a foreign investor or a group of persons over business entities of strategic importance; the possibility of refusing to accept an application for participation in an auction or an application for the right to use subsoil without an auction; the presence of special antimonopoly requirements established in Article 17 of the Law “On Subsoil”.

Examples of law enforcement practice reflecting the application of the subsoil legislation on antimonopoly regulation are given. The opinions of various authors on the issues of antimonopoly regulation in the field of subsoil use are also given. Separate proposals aimed at improving legislation have been formulated. In general, antimonopoly regulation in the field of subsurface use has sufficient features, which requires a systematic approach to substantiating and developing proposals for further improvement of legal regulation in this area of public relations.