Comparative legal analysis of the legal regulation of overuse in Ukraine and the Republic of Italy

The article is devoted to the study of the legal regulation of subsoil use in Ukraine and the Republic of Italy. It has been studied that starting with Ukraine’s declaration of independence, a new stage of development of the subsoil use institute began, which was marked by the adoption of a wide range of laws in the specified area. It has been established that in the context of adapting legislation in the field of subsoil use to the requirements of the European Union, it seems appropriate to improve the norms of national legislation to international norms of environmental legislation. It is noted that the legal regulation of subsoil use in Ukraine is carried out in accordance with general normative acts that regulate the right of ownership, the right to use subsoil resources, the activities of mining enterprises, namely: the Code of Ukraine on Subsoil; The Mining Law of Ukraine, as well as special regulatory acts regulating the extraction of certain types of minerals – precious stones, precious metals, oil, gas. It has been investigated that despite the existing legal framework in the field of subsoil use, there are problems of legal regulation of mining of precious stones, including amber, in Ukraine. It is noted that in order to improve the legislation in the field of mining of precious stones, it seems appropriate to adopt a legislative act that will contain provisions on the specifics of mining, sale of precious stones and responsibility for its illegal mining. The article examines the historical and legal aspects of the formation of Italian legislation from the earliest times. The legislation of the Republic of Italy is analyzed. It has been established that legal regulation in the field of subsoil use is regulated by both general legislative acts and laws that carry out legal regulation of subsoil use in individual regions of Italy. The article analyzes the legal regulation of the mining police (Polizia Mineraria), whose activities are aimed at preventing offenses in the field of subsoil use. It was concluded that it is necessary to borrow the experience of the Republic of Italy in the field of subsoil use in the formation of a special unit of the mining police of Ukraine and the adoption of the Law of Ukraine “On the Mining Police of Ukraine”.