System analysis and ways to improve the ecological and legal base of subsoil use
Ibrahimov Vagif Bagir oglu
The stages of origin, establishment and strengthening of the mining law and legislation on subsoil were studied in the territory of Azerbaijan in different historical periods. The analysis of the current state of this legislation and its basic legislative act ‒ the Law of Azerbaijan Republic on subsoil (LAоS) are conducted. Their shortcomings are mentioned the main of which is the absence of systemic properties due to existing gaps, inconsistencies, collisions, etc. The causes of their shortcomings are revealed and system-forming factors are proposed to eliminate them: optimization; classification of structural elements of the law; accuracy and definition unambiguity of its key concepts considering their correlation and logical connections; scientific validity of its legal norms and providing their consistency with each other and with the norms related normative legal acts (NLA). Based on these factors:
- Optimization of the system of legislation of Azerbaijan Republic (AR) on subsoil is implemented;
- A system of subsoil use including a new structural element of "systemology of subsoil use" is developed;
- New classification schemes of types of subsoil use and subsoil sites are proposed;
- Sufficiently complete and science-based conceptual framework of LAоS including 48 key concepts and their definitions were developed, 37 of which are offered by the author;
- The coordination of legal norms of LAоS and related NLA are implemented with the preliminary delimitation of subjects of their legal regulation.
The analysis of a number of controversial and little-studied issues of legislation of AR on subsoil (dumping of hazardous waste in the bowels of the Earth, conservative protection of subsoil etc.) is conducted and methods of their solutions are proposed that will allow eliminating the corresponding gaps in LAоS and (together with other system-forming factors) giving it a property of consistency.