THE PROBLEMS OF OWNERSHIP OF MINING WASTES IN THE REPUBLIC OF ARMENIA

Abstract

Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state.

The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of mining waste as an object of civil rights is mentioned, the subject of ownership of mining wastes, problems and gaps in national legislation concerning the exercise of powers that constitute the content of ownership rights are revealed. Further, disputes arising in law enforcement practice on the ownership of mining waste are studied and analyzed.

Based on the analysis conducted in this article, proposals are presented aimed at clarifying the subject of ownership of mining waste and the moment of obtaining ownership upon mining wastes, as well as legislative regulation of the exercise of ownership rights to mining waste, which will be essential for resolving disputes arising between the subsoil user and the state in law enforcement practice.

Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state.

The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of mining waste as an object of civil rights is mentioned, the subject of ownership of mining wastes, problems and gaps in national legislation concerning the exercise of powers that constitute the content of ownership rights are revealed. Further, disputes arising in law enforcement practice on the ownership of mining waste are studied and analyzed.

Based on the analysis conducted in this article, proposals are presented aimed at clarifying the subject of ownership of mining waste and the moment of obtaining ownership upon mining wastes, as well as legislative regulation of the exercise of ownership rights to mining waste, which will be essential for resolving disputes arising between the subsoil user and the state in law enforcement practice.

Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state.

The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of mining waste as an object of civil rights is mentioned, the subject of ownership of mining wastes, problems and gaps in national legislation concerning the exercise of powers that constitute the content of ownership rights are revealed. Further, disputes arising in law enforcement practice on the ownership of mining waste are studied and analyzed.

Based on the analysis conducted in this article, proposals are presented aimed at clarifying the subject of ownership of mining waste and the moment of obtaining ownership upon mining wastes, as well as legislative regulation of the exercise of ownership rights to mining waste, which will be essential for resolving disputes arising between the subsoil user and the state in law enforcement practice.