Laws and regulations backing and governing public administration in subsoil use and protection in Ukraine is gradually gaining priority and importance given incoming energy security and resource self-sufficiency risks alerts for the State as one of the warrants for political and economic independence and guarantees for the people of Ukraine to enjoy and plenipotentiary implement its propitiatory rights set forth in the Constitution of Ukraine with regard to natural resources and benefits that constitute the genuine wealth of the nation.
The article is written with the application of inductive reasoning and performance of various research methods, such as case studies, phenomenological study with some focus on nature and source of laws and administrative functions, grounded theory study; also a deep comparative analysis of domestic and overseas legal patterns is carried out.
The article is devoted to the research of problems with regard to public administration in the field of subsoil use and protection in Ukraine. The author emphasizes that determination of public administration in the field of subsoil use and protection is a form of public managerial activities of public administration authorities (state authorities, local self-government bodies, self-governing public organizations with the respective competence). It is suggested that these activities are aimed at implementation of the policies in the field of geological exploration of mineral resources, mineral extraction, construction of underground and terrestrial facilities not related to the extraction of minerals, subsoil and environmental protection and they are based on the principles of interaction between subject and object of public administration, discretion, mutual responsibility, self-governance and decentralization when public services are provided.
Also, the article presents many judicial practice of the European Court of Human Rights and Citizen, the Supreme Court in the field of public administration in the field of subsoil use and protection.
In concluding notes amendments to Subsoil Code of Ukraine, methodology for calculating the initial selling price for the sale of special permit, selection procedures for open special permit tender bid winners and responsibility for subsoil use abandonment costs are suggested by the author.
Lecture 9: The Work of Stephen Toulmin
