Reference:
Grudtsyna, L.Y., Lagutkin, A.V..
Legal problems regarding recognition of proprietary titles to underground construction objects in Russia.
// Administrative and municipal law. – 2014. – ¹ 5.
– P. 461-468.
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Abstract: The object of studies in this article involves social relations regarding legal regulation of recognition of proprietary
title (including private property) to the underground construction objects in Russia, and first of all in its megalopolises.
Before mining mineral resources, there is need for the survey and development of the deposit of mineral resources (open,
underground, combined, or underwater means). Development of deposit with the open method is implemented from the
land and includes strip mining and actual mining. Development by underground means includes
underground digging, such as crossing, galleries, pit shafts, etc. The underground development mostly concerns preparatory
work, excavation support, actual mining. However, without exploring the underground territories, which is implemented
by the constructors of underground objects (underground constructions) it is not possible to mine mineral resources. In
fact, an investor (a business) invests large money to preliminary and detailed exploration, including digging, use of deep
pits, shallow mines and pit shafts, then underground drill holes, etc. All of those seemingly complementary preparatory
important technological works guarantee the success in mining and excavation of mineral resources from the subsoil. The
result of these preparatory technological works is quite specific. Object of underground construction serving the shafts and
mines are built underground and they are in use for many years (usually the entire term of existence of the mining enterprise.
They include cameras, tunnels (for transportation, utilities, special purpose, etc.), shaft insets, crosses, air pits, etc. All of
these objects for the purpose of their more caring and economic use may be privatized and registered as property of natural
persons and legal entities, which have built them and are using them. Another argument in favor of introduction of the
regime of private property for underground buildings and constructions is the constant need for their repair and technical
maintenance (including the technology for the lengthening of the life cycle of the used underground constructions), and
only the owners would provide for them. The state often fails to efficiently manage underground objects, which due to their
complicated character, working conditions and difficulties in access require scientifically substantiated and even unique
repair technologies, and the state represented by its competent bodies often does not adequately provide for them. The
article contains arguments in favor of legislative regulation of the possibility to privatize (to obtain public registration of
property title) the objects of underground constructions in general, and, more specifically, in the megalopolises. The most
efficient development of underground territory in the future shall be possible with the union between state and business, for
which there shall be a legalized opportunity to register proprietary title to the underground construction objects, which shall
serve as a sensible argument in favor of economic and careful attitude of the geological resources of our planet.
Keywords: geological resources, underground construction, subsoil, natural resources, mineral resources, undergrounds territory, capital underworking, private property, environment, business.
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