УДК: 622.882.1

PhD student Bakhtiyar Yasmina

Huazhong University of Science and Technology

STATE REGULATION OF SUBSOIL RATIONAL USE QUESTIONS

The question of subsoil rational and complex use and its protection gains special relevance after receiving independence by the Republic of Kazakhstan and transition to market transformation and reforms. The declaration on the state sovereignty of the Kazakh Soviet Socialist Republic fixed in articles 9 and 11 that subsoil is a sole property of Kazakhstan, independently defines an order of environment protection and a subsoil use in the Republic of Kazakhstan [1].

Opencast mining of mineral deposits is connected with considerable withdrawal of lands for mineral production conducting. Because of opencast mining the anthropogenous landscapes in the form of career dredging and external dumps are formed. The derelict lands before their recultivation are sources of surrounding environment pollution: atmosphere, hydrosphere and lithosphere. Reduction of an opencast mining negative consequence on surrounding environment is possible at land reclamation rates acceleration.

The formed opencasts and dumps of overburden breeds because of movement of rock massive considerable volume create the greatest problems for environment, i.e. the basic changes in a landscape come round. Rates of land reclamation in the republic do not correspond to growth of the derelict lands sizes at mineral resources opencast mining.

Now there are various technological schemes of earth's fertile layer removal, dumps formation taking into account recultivation, stripping soils selective dredging on their suitability for land reclamation [1-4]. In them it is not paid due attention to questions of land reclamation efficiency increase at development of superficial deposits taking into account mining-and-geological and mining conditions of their bedding. In this regard, the researches directed on land reclamation technology justification in the course of superficial deposits open mining development are actual. Therefore, there is a need of researches carrying out on land reclamation technology justification at superficial type deposits opencast mining due to purposeful placement of stripping soils in a dump body taking into account their suitability for restoration of the derelict areas.

The present stage of open mining development is characterized by complication of mining-and-geological conditions at simultaneous requirements increase to environment negative impact reduction. It predetermines the importance of timely land reclamation in opencast mining technology. Therefore, before starting performance of open mining operations, it is necessary to have a clear idea that we will leave on a place of mining works. After opencast mining, we have to leave the earth in the best state or at least same what it was before mining operations conducting. Besides, all mining operations have to be performed with the minimum expenses. In these conditions value of the derelict areas occupation and restoration intensity around opencast mining is sharply increases[2].

In the conditions of modern advanced industrial society the environmental protection problems solution widely gets into all human activity spheres. In this regard for deeper understanding and practical use of the main regularities and the man and nature relationship phenomena, their development tendency and scales of the processes developing in the nature it is not enough to study only those environment violations that arise in the course of man production activity. The scientifically based attitude considering all phenomena connected with this problem, as part of the Earth and society general developments that has to find reflection in the tasks solution at the lowermost hierarchical levels of a production activity has to succeed this utilitarian approach to the nature, beginning, first from production design and its consequences forecasting for environment.

The conservation problem when fields open mining reached such degree that its action became strong to affect the course of the biosphere natural evolution. Intervention in the nature in such scales is reflected in environment quality, in those equilibrium ecological states that exist between elements of wildlife and inanimate nature. In large mining areas, there is landscape, climatic, hydro geological and aero logical changes [3]. There are intensive, taking big spaces, redistribution of chemical elements that mean the characteristic anomalies on the planet normal biochemical background are formed. Feature of these anomalies is that they arise always for some years. One of the conservation main objectives - to weaken these anomalies as much as possible.

The Republic of Kazakhstan possesses considerable minerals reserves therefore the President and the Government of the republic the priority part in the country development assigned to the mining industry which in Kazakhstan differs in the stables growth, is characterized by commissioning new and development of the operating enterprises and, besides, possesses huge prospects for further development [1].

For further improvement of timely land reclamation, the matter solution has to be equipped with: scientific base, schemes developed technological, state regulation, monitoring of all aspects.

First, it should be noted that on the substance any aspect of a subsoil rational and complex use problem finds reflection in the right in the form of the relevant requirements expression shown to a subsoil use. Legal subsoil protection - the main instrument of subsoil protection [4].

First, we will define that represent subsoil; we will give the definition of subsoil existing in the current legislation of the Republic of Kazakhstan. So the Decree of the President of the Republic of Kazakhstan which is valid the law, "About a subsoil and subsurface use" of January 27, 1996 (further "The decree on a subsoil") gives legal definition of the term "subsoil".

Subsoil is the part of crust located below a soil layer, and at its absence - below a terrestrial surface, and a bottom of reservoirs, stretches to depths available to carrying out operation on subsurface use taking into account scientific and technical progress.

However, a subsoil it not only resources which have to give independence and economic prosperity. It first of all, fragile natural object which main difference is its not replenishment and nonregenerability.

Problems and one of actions of a subsoil protection are legal, organizational, economic and others (Art. 47 of the decree on subsoil):

- if they are directed on the population life and health protection;

- minerals rational and complex use;

- natural landscapes preservation and land reclamation of other geomorphological structures;

- to a power condition properties preservation of the subsoil top parts for the purpose of earthquake, landslides, floodings, soil sags.

The decree gives the list of ecological requirements which need to observe and be not to allowed their violations. Accurate regulation of the relations on a subsoil (natural resources) protection are one of important guarantees of their use efficiency ensuring. The legislation existing in this area not only didn't promote overcoming of ecological crisis, but in many respects provoked their approach and growth.

The law "About Environmental Protection in the Kazakh Soviet Socialist Republic", in 1991 recognized a subsoil, along with other objects of the nature; as a material basis of the young state sovereignty.

The constitution of the Republic of Kazakhstan of 1993 considered a subsoil as object of sole state ownership.

The Constitution of the Republic of Kazakhstan of 1995 adopted on a republican referendum fixed that natural resources are in state ownership. Change "a sole property of the state" didn't influence the legislation in the subsoil protection field. That a subsoil can only be used on the basis of permission or a certain order of subsurface use permission through the license, the contract, etc.

The acts governing the relation on a subsoil use and protection often had declarative character, without paying due attention to the subsoil protection problems. Laws or poorly reacted to these problems, or sent on bylaws. They didn't provide real and sufficient effective legal consequences in that case when legal entities and individuals allowed not a thrifty attitude to a subsoil. In these conditions life defined need of the new statutory act adoption devoted to a subsoil. Such act at this legislation development stage in the subsoil use and protection field is the Decree (which is valid the law) of January 20, 1996 "About a subsoil and subsurface use".

With adoption of the Decree on a subsoil "The code about a subsoil and mineral raw materials processing" accepted on May 30, 1992 was cancelled.

The adoption of the Decree on subsoil was preceded by development of the special legislation on oil, gold, jewels. In the Decree on subsoil the basic is the license and contract system provision, the rights and the subsoil user's duties.

The need for the new legislation on subsoil protection and it's use, was caused by foreign investments inflow and increase in a share of the raw materials industry of the Republic. One of the main requirements of subsoil protection legal regime is the fields correct investigation, subsurface rational and complex use, a regulation of the rights and the subsoil user's duties, economic coercion and stimulation from the state within legislative base. The right has property to fix the developed public relations and to establish these relations framework for maintaining participants.

In the conclusion it would be desirable to note that Kazakhstan is on the threshold of economic transformations, one of the factors allowing this process to be painless are subsoil use and protection.

Today the raw materials extracting and processing industry hold a leading position in our country economy. However it is necessary to consider that a subsoil characteristics like not replenishment and nonregenerability, exhaustibility — that minerals are differ from other objects. To use a natural resources long time it is necessary to develop them complex and rationally. Legal regulation of subsurface use is in one way or another directed on subsoil complex and rational use. To protect a subsoil means to allow their uses and the current legislation is directed on stimulation of investments into subsurface use [1].

Therefore the recultivation possibilities, the soil removal and transfer on other place don't reduce a relevance of agricultural grounds protection from unreasonable withdrawals for nonagricultural needs at all. The lands needing restoration by recultivation means belong to lands category with a particular treatment. Any kinds of activity capable to lead further lands deterioration are forbidden. In the indications presence the possibility of the land plot purpose change, a type of the carried-out economic activity, restriction or a total ban of economic circulation of the land plot with its withdrawal and transfer to structure of lands of a stock is provided. Special procedure for lands derelict existence and degree identification is applied. The legislation provided special norms set defining an identification order, a derelict lands legal regime, conditions, an order and ways of their restoration. Recultivation is considered as one of the main protection ways, providing a qualitative condition of land resources [3]. Organizational and legal bases of carrying out actions for recultivation of lands are provided in the Legislative Code of the Republic of Kazakhstan and other normative legal acts. But in general this direction of the legislation on lands protection needs further improvement. Against of other countries legislations development the regulation insufficiency is clearly looked through. Legal support of economic incentives of land reclamation as one of the perspective directions of improvement is represented.

References:

1. Sandibekov M. N., Sabirova L.B. Open-cast mining of a superficial bedding vein fields taking into account recultivation//the Second International scientific and practical conference devoted to the 15 anniversary of independence of the Republic of Kazakhstan "Mining and metallurgy in Kazakhstan. A state and prospects" - Almaty, 2006. V. 1. Page 176-180.

2. Bakhmagambetova L.B., Kalybekov T. Selective formation of external buldoser dumps//Materials of the young scientists conference devoted to the 70 anniversary of All-Union Young Leninist Communist League (collection). - Alma-Ata, 1989. - Page 120-122.

3. Sabirova L.B. Land reclamation when developing superficial deposits//Works of the eighth international scientific and technical conference "New in Health and Safety" (labor protection, ecology, valueology, protection of the person in an emergency, toxicology, economic, legal and psychological aspects of Health and Safety, logistics). P 1. - Almaty, 2006. Page 426-428.

4. Bukeykhanov D. G., Sandibekov M. N., Sabirova L.B. Justification of selective formation parameters of two-story buldoser dumps. - Almaty//Messenger of KAZNTU No. 6, 2006. (56), Page 67-70.