Issues of formation of the system of proprietary rights in the field of subsoil use

Abstract

The article is devoted to the formation of proprietary rights in the field of subsoil use. It is noted that the formation of a system of property rights in this area is due to the needs of civil turnover in satisfying certain interests. It is proved that the system of property rights in the sphere under consideration is currently unable to meet existing needs and needs further improvement. It is also recognized that the general provisions on property rights in the Code of the Republic of Kazakhstan dated 27.12.2017 “On Subsoil and Subsoil Use” (hereinafter referred to as the Subsoil Code) do not take into account that, in addition to the right of subsoil use, this Code provides for other legal forms of subsoil use. Accordingly, the system of property rights in this area is not limited to the regime of state ownership of the subsoil, which now belongs to the people on the basis of Article 6 of the Constitution of the Republic of Kazakhstan, and the right of subsoil use for subsoil plots. It is proposed to supplement the system of property rights in the field of subsurface use with an easement for the subsoil or subsurface areas, and also include the right to extract common minerals for purposes not related to entrepreneurial activity among such rights.