Complex Set of Facts as a Basis for the Emergence of Legal Relations on the Use of Subsoil Waste for the Extraction of Minerals and Useful Components

The exhaustible nature of the subsoil and the increase in the volume of resource extraction pose the task of the state to search for new sources, among which it is necessary to highlight subsoil waste containing minerals and useful components. However, the legislation on subsoil does not clearly define the system of legal facts that entail the emergence of legal relations on the use of subsoil waste for these purposes. In the scientific community, there are no studies devoted to the analysis of the corresponding legal composition, which inevitably entails problems in law enforcement activities arising in connection with the possibility of involving these objects in circulation. The purpose of the article is a scientific study and systematization of legal facts that form a complex legal composition, which is the basis for the emergence of the right of an economic entity to use subsoil waste. Objectives: identification and justification of the legal composition necessary to vest an economic entity with the right to use subsoil waste; a brief scientific analysis of individual facts of title‑establishing and title‑confirming significance; formulation of proposals for amendments to the rules governing the relations of the same name. Methodological basis: general scientific and special legal methods of cognition, with the help of which a system of legal composition is defined, including legal facts preceding and giving rise to rights, necessary for involving subsoil waste in the process of mineral extraction. Conclusion: the basis for the emergence of the right to use subsoil waste for the extraction of minerals is a complex legal composition, which includes a legal relationship for the formation of a subsoil plot of anthropogenic origin and interrelated legal facts that imply the receipt by the subsoil user of a permit and a license to exercise this right. The work systematizes the legal facts necessary for the formation of the legal composition and proposes legislative consolidation of the corresponding system.