Topsoil Stripping by a Subsoil User: Conceptual Legal Issues

The legal qualification of the actions of the subsoil user on removal of the fertile soil layer is investigated In the article. These actions are the land protection measures and also are included in the complex of technical measures for land reclamation. In the process of work aimed at preparing the use of subsoil, it becomes especially important to understand the removal of the fertile soil layer as the responsibility of a special subject. Conclusion: it is necessary to develop the legal regulation of land relations in the area under study at the federal level so that the rules for carrying out such work become unified and as close in content as possible to the specifics of subsoil use in different situations. It is necessary to resolve the conceptually significant issue of the need and justification for the rule on obtaining a permit for work related to soil disturbance, which is in regional and municipal regulatory legal acts. The author substantiated her opinion that the rules for land protection are fully taken into account in the technical project and the land reclamation project, when its development is required by law.