Legal Defects of a Transaction Performed by a Subsoil User, AImed at Alienation of Uncovering and Surrounding Rock Containing Industrial Minerals

The article is devoted to the analysis of the problem of the legality of a transaction for the disposal of overburden and host rocks containing common minerals on the part of the subsoil user. During the analysis of legal regulations on subsoil use, civil legislation and judicial practice, legal defects were identified that entail the impossibility of execution and invalidity of the relevant transaction as a legal fact and legal relationship. The legal impossibility of executing the contract in question was revealed due to the presence of a suspensive condition established by law when concluding it, as well as a defect in the subject composition, suggesting the possibility of challenging this transaction on the grounds that the subsoil user does not have a license issued by a constituent entity of the Russian Federation. Based on the results of the study, proposals and recommendations were formulated for making changes and additions to the norms of the current legislation regulating the analyzed social relations.