DOI: 10.7256/2454-0706.2024.2.69718

Abstract: The object of the study is the relations of environmental management in the Micronesian states, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Micronesia: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, the Territory of Guam, the possessions of the United States of America. The author examines the features of the state natural resource mechanism in the listed jurisdictions. The article examines the institution of ownership of natural resources, the permissive procedure for the use of natural objects. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Micronesian waters. The work completes the "Oceanic Sonata" in the theory of natural resource law of foreign countries and takes it to the next scientific level, qualitatively raising the "bar" for followers. The relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic interests in Oceania. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal publications about Micronesia are insignificant, "living classics" is presented to your attention - one of the few Russian scientific articles about this Pacific region, while the available works are largely outdated, and some jurisdictions are covered in the domestic sciences for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the United States of America in the Russian Federation. At the same time, violations of the norms of international maritime law in the Pacific Ocean are noted, as well as cases of declaring the existence of an exclusive economic zone and the continental shelf of the United States of America in the waters of sovereign States and unoccupied atolls, but also their inclusion in the American Empire as possessions of the United States of America, acting as a possessor of other States.

DOI: 10.7256/2454-0595.2023.3.41034

Abstract: The object of the study is the relations of nature management in the Melanesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Melanesia: the Commonwealth of Australia, the French Republic, the Republic of Vanuatu, the Republic of Fiji, the Solomon Islands, the Republic of Nauru, the Independent State of Papua New Guinea, the Republic of Indonesia. The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects, as well as contractual and directive grounds. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Australian Antarctic territories. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal studies of Melanesia are insignificant, one of the few Russian scientific publications about this Pacific region is presented to your attention, while the available works are largely outdated, and some jurisdictions are covered in the domestic press for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the Solomon Islands in the Russian Federation. At the same time, violations of the implementation and implementation of the norms of international maritime law in the Pacific Ocean by the Melanesian States are noted, as well as cases of the establishment of a national legal regime of Antarctic territories; it highlights not only the seizure of resource bases by the collective West, but also the incorporation of sovereign States, which is a modern form of establishing colonial dependence.

DOI: 10.7256/2454-0668.2023.2.39932

Abstract: The object of the study is Israeli international and national legal relations to ensure the defense of the country and the security of the state, the subject is normative legal acts establishing the regime of protection of Israel from internal and external threats. The article discusses the international treaties of the State of Israel concerning weapons of mass destruction and the fight against terrorism, as well as Israeli documents on defense and security management. The authors pay attention to the genesis and evolution of the Israeli armed forces and special services, the peculiarities of their functioning. The institute of military duty and conscription for military service in the Israel Defense Forces (IDF), current problems of the activities of the Mossad and AMAN intelligence services, as well as the general security service - Shin Bet (SHABAK) are considered in detail. The above practice of military administration in the State of Israel is relevant in the conditions of modern militarism. The researchers propose to use the Israeli experience of legislative regulation in the field of national defense and state security in the current Russian historical conditions. The scientific novelty of the work consists in presenting the reader with original information on the subject of the article, relevant conclusions and suggestions. The main ones are the conclusions about the presence of tactical nuclear weapons in Israel, its deliberate postponement of the application of international legal acts on weapons of mass destruction in order to develop them and deter opponents. It is proposed, by analogy with Israeli legislation, to deprive Russian citizenship for crimes against the foundations of the constitutional order and security of the Russian Federation, extremism and terrorism. The article substantiates the introduction of universal military duty for Russian citizens using, by analogy, the Israeli system of deferrals from military service. It is proposed to train ordinary and non-commissioned personnel of the domestic armed forces in working professions, as in Israel, and the official granting of unlimited powers to Russian intelligence abroad.

DOI: 10.7256/2454-0595.2023.2.40851

Abstract: The object of the study is the relations of nature management in the Polynesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the Polynesian countries: the United States of America (Hawaii, American Samoa, unincorporated territories), the Kingdom of New Zealand (Cook Islands, Niu, Tokelau), the United Kingdom of Great Britain and Northern Ireland (Pitcairn Islands), an Independent State Samoa, the Republic of Kiribati, the Kingdom of Tonga, the Kingdom of Tuvalu, the French Republic (French Polynesia, Wallis and Futuna), the Republic of Chile (Isla de Pasqua and Juan Fernandez). The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. In addition to the traditional, the researcher identifies a new type of property – family ownership of land, distinguishing it from communal, tribal and ancestral, and also draws attention to the inequality of ownership forms and discrimination in this area by the English crown of formally independent states and their citizens. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. This is one of the few scientific publications in the World on the natural resource law of the Polynesian States. The author discusses with foreign scientists, analyzing foreign doctrine and legislation. At the same time, violations are noted in the implementation and implementation of the norms of international maritime law in the Pacific Ocean; the creation by the collective West of natural resource reserves, regulatory legal bases and state mechanisms for the exploitation of the Polynesian environment in case of need (economic need and (or) global conflict).

DOI: 10.7256/2306-9945.2022.4.38661

Abstract: The object of the study is the relations of subsurface use in New Zealand, the subject is the legal regulation of the exploitation of New Zealand natural resources contained in the subsurface and on the seabed - in sulfide fields. The author examines in detail the state mechanism of environmental management, paying special attention to the role of local authorities and the indigenous Maori population in the procedure for granting the right to use mineral deposits, as well as the specifics of the search and production of hydrocarbons on the continental shelf, the legal regime of Antarctica, New Zealand subantarctic territories and water areas. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. The relevance of the work is due to its practical significance and reflects domestic economic interests in Oceania. The scientific novelty of the article lies in the originality of the work containing fundamentally new information on the subject of research - the only one in Russia and one of the few published scientific works on New Zealand natural resource law in the world. The publication analyzes the laws in the current year's edition, it can be used for comparative jurisprudence, in the legislative process, for educational, scientific and other purposes, the article contains conclusions on the text and at the end of the study. The conclusion about the sovereignty of the British Crown over the exclusive economic zone and the continental shelf of New Zealand, the proclamation of the New Zealand sovereign as the owner of the natural resources of the relevant waters, contrary to the norms of international maritime law, is important for ensuring peace and global security. The experience of municipal and parliamentary control, specialized environmental justice of New Zealand can be used by the Russian Federation.

DOI: 10.25136/2409-7810.2022.3.38878

Abstract: The object of the study is constitutional legal relations for the protection of Russian citizens of their state in connection with conscription for military service in the Armed Forces of the Russian Federation, the subject of the study is normative legal acts regulating military duty. The author explains the legal meaning of the constitutional duty to protect the Fatherland, proposes an addition to the Russian concept of national security with a provision on preventive self-defense, amendments to the Federal Law "On Defense", the Federal Law "On Military Duty and Military Service", the Federal Law "On Mobilization Training and Mobilization" and other regulatory legal acts. The article analyzes the international legal and constitutional regulation of the current problems of defense and security of the Russian Federation in the light of current historical events and the formation of four new regions of Russia: the Donetsk People's Republic, the Luhansk People's Republic, the Zaporozhye region and the Kherson region. The main legal problems of conscription of Russian citizens for military service on mobilization are considered, their solutions are proposed. The author pays special attention to the postponement of military service for mobilization, the legal responsibility of citizens and organizations in connection with the partial mobilization of the population. The article substantiates the exemption of scientists from military duty, determines the status of the mobilized, and gives a legal description of mobilization contracts. Conclusions and suggestions are presented in the text of the current study, which contains fundamentally new information on the subject of scientific work.

DOI: 10.7256/2306-9945.2021.4.37296

Abstract: The object of this research is the mining relations in the Sunda Islands of the Malay Archipelago. Analysis is conducted on the normative legal regulation of subsoil use in the Republic of Indonesia, the regime of which is uniform for subsoil zones located on island and offshore territories within Indonesian jurisdiction, but is differentiated depending on the type of mineral resources. The author meticulously examines the state mechanism of management of mining industry, placing emphasis on the role of the municipal authorities. The article examines the content of Indonesian mining and environmental laws that are the main subject of research, governmental acts, and doctrinal sources. The material contains the information on the licensing of subsoil use in Indonesia, including the recent changes therein requirements introduced in 2021. The relevance of this research lies in consideration of the existing legal problems pertaining to subsoil use in Indonesia, representations on the modern system and structure of state administration in this sphere, need of the Russian miners involved in construction of nickel clusters in the Republic of Indonesia, legal support of their business, need for the promotion of Russia’s interests in Southeast Asia. The scientific novelty consists in provision of the fundamentally new information on the subject matter, namely with regards to the licensing of subsoil use and foreign investment, as well as in formulation of conclusions, including on the basis of previously known data. The author indicates the possibility of using the Indonesian interpretation of the “residual principle” for the normative legal regulation of the Russian subsoil use.

DOI: 10.7256/2454-0595.2021.2.34270

Abstract: The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.

DOI: 10.7256/2454-0595.2021.1.33753

Abstract: The subject of this research is the legal regulation of exploitation of underground resources in the United States, while the object is the relations of subsoil usage. The author examines the system and structure of the federal executive branches that maintain the development of mineral deposits in the United States, including their functions and authority, highlighting the United States Department of the Interior and its regional branches. Special attention is given to constitutional framework of natural resource management, ownership rights to land and subsoil, its classification in causality with administration of subsoil usage, as well as centralization of the U.S. state natural resource management mechanism. The research is based on the relevant legal sources, works and theses of the Russian and foreign scholars on the subject matter. The author systematizes the information valuable for organization of the national subsoil usage; excludes the possibility of foreign influence upon the lawmaking in Russian through determining unfavorable norms and methods of economic regulation, namely with regards to subsoil management in the constituent entities. The article contains both, new records and previous data, which is constantly being updated. The author’s recommendation of introduction in the Russian Federation of the list of “cooperating countries” may serve as an effective instrument of economic policy.

DOI: 10.7256/2306-9945.2021.1.34934

Abstract: The subject of this research primarily consists of documents of strategic planning of the Russian Federation. The object is the public relations in the area of ensuring national security, as well as reconstruction of cultural identity of the members of the Russian society within the framework of the legal field. The author raise the issue of legislative regulation of the government administration in spiritual-ethical area, pointing out the uncertainty of goal-setting and conceptual apparatus of the corresponding directives. The article elucidated relevant issues of national security and offers solutions in the information, education, and cultural spheres. The scientific novelty consists in the proposals on development and clarification of the conceptual apparatus of the normative legal framework of ensuring national security. This research is relevant due to articulation of the problem of foreign and criminal ideological influence upon the minds of current and future generations, as well as proposal on compensation of antisocial propaganda. The authors’ positions are aimed at protection of the foundations of Russian constitutional structure, ideological countermeasures to terrorism and extremism, preservation of unity of the multinational composition of the Russian Federation through formation of the cultural identity of the citizens, favorable spiritual-ethical environment, and preservation of Russian statehood. Indicating the positions of the President of the Russian Federation on the subject matter, the authors point to his political will to maintain a traditional society, which is based on historically formed morality.

DOI: 10.7256/2454-0595.2020.6.33546

Abstract: The subject of this article is the legal regime for natural resource in the United Mexican States. The author examines the system and structure of government branches in the area natural resource management. Special attention is given to the questions of ownership of the subsoil, allocation of powers for their administration to the federation, and foreign investment to fuel and energy complex of Russia. The object of this research is the relations in the area of natural resource management in Mexico. The author describes the users of subsoil and the procedure of accessing natural resource management, addresses the questions of taxation with regards to usage of mineral deposits, traces the trends in Mexican natural resource law in part of regulating the development of strategic sites. The main conclusion consists in the statement that constitutional consolidation of ownership of the mineral resources along with natural resources, and the authority of their management allocated to the “center” in federate and confederate states meets rather national interests and ensures protection of economic grounds of the country, security and inviolability of the constitutional order. The scientific novelty of this work consists in demonstration to the audience of “cross-section of the side track of the Mexican tree of natural resource law". The “rings on a fresh cut” give an idea on the development of this branch of law, its current state, “vectors for expansion”, as well as possess substantial originality. The author suggests “nationalization of natural resource management” within the framework of its pursuit of factual Unitarianism, leaving de jure federalism as an opportunity for historical reunification with the lost territories.

DOI: 10.7256/2454-0595.2020.5.33453

Abstract: The subject of this research is the legal regime of natural resource management in the Canadian Kingdom as an example of one of the best sectoral practices of legal regulation of natural resource usage. Analysis is conducted on the normative legal acts that regulate rights to natural resource usage, delimitation of jurisdiction to “central” and “regional”, management in the area of natural resource. The object of this research is the natural resource usage relations in Canada. Special attention is given to the licensing of Canadian natural resource usage, determination of the types of licenses, and procedure of licensing. The author examines the relevant topics of taxation and fiscal stimulation of natural resource users, foreign investment, geological exploration, national and local legislation, right of indigenous peoples to natural resources, etc. The scientific novelty consists in demonstrating the current “picture” of legal regulation of natural resource usage in Canada. On the example of this kingdom, as the subject of right to ownership and use of resources, the author suggest considering an allotted plot of resources within its boundaries, while unallocated plots of resources should be counted as part of a single reserve of undistributed land (single object of law). The author proposes to conduct a mass geological survey of the Russian shelf in accordance with the Canadian model, implementation of the practice of attracting foreign investments, tax incentives, resource rent for the Russian citizens through legal construct of retirement savings, application of corporate restrictions following the example of Canada.

DOI: 10.7256/2454-0595.2018.11.28045

Abstract: The subject of the research is the legal regime of the subsoil use in the Socialist Republic of Vietnam. The author of the article focuses on the origin and development of the administrative and natural resource laws of our friendly state as well as their economic grounds. The rationale of the topic is caused by the importance of Russian-Vietnam bonds and the need to use Vietnam experience in the legal regulation of using land resources. In his research Manin describes the system and the structure of the subsurface resources management in Vietnam, competences of relevant agencies, and constitutional grounds of subsurface resources property rights. Manin also analyzes the licensing and agreement procedures of subsoil using, their kinds, terms and actors. The methodological basis of the research implies general research methods (comparison, analysis, synthesis, analogy and others) and special research methods (formal logical and interpretation of law methods), comparative law, historical law, systems analysis and etc. The scientific novelty of the research is caused by the fact that the author provides a systematic interpretation of Vietnam laws on subsurface resources and describes the mechanism of state regulation in this sphere, kinds of gas and oil activity in the Socialist Republic of Vietnam. The main conclusion of the research is that the Russian Federation may use Vietnam models of the state-and-private partnership in the process of subsoil use. 

DOI: 10.7256/2454-0595.2018.5.26647

Abstract: The subject of the research is the legal regulation of mineral resource management in the Kingdom of Norway. In his research Manin analyzes the process of Norwegian offshore development as well as activity of subsoiul users therein. The researcher pays special attention to topical issues of mineral resource management licensing and describes the system and structure of management in the fields of environment and mineral resource. He also focuses on the issues of environmental safety of Norwegian offshore and touches upon the history of Norwegian offshore law development as well as the current status thereof. The methodological basis of the research implies general research methods (dialectical method, analysis, synthesis, analogy and others) and special law methods (formal law, state legal modelling, historical law, systems approach, etc.). The novelty of the research is caused by the fact that the author of the article presents a modern model of the legal regulation of mineral resource management in the Kingdom of Norway and describes the main milestones of its development. The main conclusion of the research is the author's statement that the Russian Federatiom may use the experience of the Kingdom of Norway in developing the offshore of northern water zones. Russia may organize a large-scale geological analysis of Russian offshore zones and outline the most promising areas for mineral resorce development based on foreign technologies and development of technical means and offshore technologies of its own just as Norway, Britain and USA did. 

DOI: 10.7256/2454-0595.2017.11.24247

Abstract: The topicality of the research issue consists, firstly, in the need to study the system and structure of administrative and legal regulation and management of subsoil use in the Islamic Republic of Iran; secondly, in the formation of a new direction of development of the administrative law science – administrative law of foreign countries; thirdly, in the use of Iranian models of legal regulation of subsoil use for the development of Russian legislative instruments; fourthly, in concretization of the activities of Iranian subsoil using organizations for the elaboration of interaction with Russian oil and gas companies; finally, in the need to define the participants of Iran’s oil activities and their functions for the detection of sectors of foreign participation and the possibility of Russia’s participation in Iran’s oil activities. The research subject is the legal regime of granting of the right to use mineral resources in Iran. The authors give special attention to the occurrence, changing and cessation of the legal status of the participants of oil activities. The authors analyze the subject composition of subsoil users on Iran’s territory and in waters, including trans-border deposits. The authors consider particular functions of each of the participants of oil activities and describe geographical areas of their oil activities. The article considers the structure of the key participants of Iran’s oil activities and a brief review of each oil and gas company. The research methodology is based on general scientific methods (dialectical, comparison, analysis synthesis, analogy, deduction, induction, etc.) and specific research methods (formal-logical, dogmatic, the method of interpretation of law, comparative-legal method, the method of state legal modeling, historical-legal method, system method, the method of forecast, etc.). The scientific novelty of the study consists, firstly, in the description of the model of normative regulation of subsoil use management in the Islamic Republic of Iran via the network of affiliated persons of the National Iranian Oil Company; secondly, in the publication of materials, which have been previously published only in Farsi, about the structure of Iranian oil and gas companies and the functions of their departments; thirdly, in the definition of the range of Iranian users of mineral resources for the purpose of including Russian entities after the lifting of international sanctions against Iran; fourthly, in forecasting the development of the Iranian model of subsoil use due to the influence of hydrocarbon extraction in this state on the formation of global oil and gas prices. Their level is used for currency earnest forecasting in the Russian budget. The authors come to the following conclusions: 1. The status of a participant of Iran’s oil activities in Iran is regulated by law and belongs to the National Iranian Oil Company; 2. Other entities acquire this status via concluding an Iranian oil contract with the National Iranian Oil Company; 3. The participants of Iran’s oil activities are the persons affiliated with the National Iranian Oil Company via oil contracts; 4. The Iranian Ministry of Petroleum is actually not a participant of oil activities, though the Iranian Parliament has adopted new legal norms, which vest it with the authorities to manage mineral resources, license and conclude oil contracts; 5. The National Iranian Oil Company and the affiliated companies are responsible for subsoil use management and subsoil use in Iran; 6. The participants of oil activities in Iran are divided into the residents of Iran and foreign legal entities; 7. The change of the status of the subsoil user of the residents is carried out in administrative order; 8. The change of the status of participants of oil activities of foreign legal entities, including investors, is regulated by the provisions of oil contracts; 9. Assignment of a contractual obligation by a foreign entity is not allowed without a consent of an ordering customer; 10. Cessation of the status of a participant of oil activities is performed by the consent of the parties to the oil contract or unilaterally in case the contractor infringes the contract if it is covered by the contract, or due to force majeure events covered by the contract; 11. The contractual system of subsoil use in Iran is gradually transforming into the administrative one. 

DOI: 10.7256/2454-0595.2017.6.23267

Abstract: The research subject is mineral resources management in the Republic of Iran in the 19th – the 21st centuries. The authors give special attention to the formation of the national legislation of Iran on natural resources. The authors consider three stages of the modern legal regime of mineral resources management in Iran: the first – contractual – stage, the second – national – stage, and the third – normative legal (post-revolutionary) – stage. Special attention is given to the legal regime of Iran’s continental shelf and to the contracts of the National Iranian Oil Company with agents, contractors and foreign investors. The research contains the information about the formation and development of the system and the structure of governmental management of mineral resources in Iran. The research methodology is based on general scientific methods (dialectics, comparison, analysis, synthesis, analogy, induction, deduction, etc.) and specific methods (formal-legal, comparative-legal, historical-legal, the method of governmental regulation, the system method, the method of prognostication, etc.). The scientific novelty of the article consists in the fact that it reveals the historical patterns of formation and development of Iran’s legislation on natural resources; defines the stages of its formation including the legislation on the continental shelf; studies the essential terms of contracts and patents on joint mineral resources management; defines the legal status of the participants of mineral resources production including foreign investors; describes the historical dynamics of the system and the structure of state management of mineral resources in Iran; and reveals the tendencies of the further development of Iranian legislation on mineral resources management. 

DOI: 10.7256/2454-0595.2017.6.23440

Abstract: The research subject is the legal regime of granting the right to use subsurface resources in the Islamic Republic of Iran. Special attention is given to classification of petroleum contracts and transformation of their essential conditions in the historical dynamics with regard to different types of petroleum contracts. The authors consider upstream contracts, downstream contracts, oil and gas trade contracts and the procedure of their drawing up, agreeing, concluding and approving. The study reflects the content of objective operation contracts as a specific type of petroleum contracts and their main categories: concession, investment, production and service contracts. The authors reveal the content of new-generation Iranian petroleum contracts (IPC). The research methodology is based on general scientific methods (dialectics, comparison, analysis, synthesis, analogy, deduction, induction, etc.) and specific methods (formal-logical, dogmatic, formal-legal, and the method of interpretation of law), the comparative-legal method, the method of state-legal modeling, the historical-legal and system methods, prognostication, etc. The authors come to the following conclusions: firstly, Iranian subsurface resources are made allowable for use on the basis of a petroleum contract; secondly, the procedure of making subsurface resources allowable for use is a formalized procedure of concluding petroleum contracts; thirdly, the access to subsurface resources in Iran is possible only subject to agreed conditions of a petroleum contract, based on a standard project, with the Government of Iran and the Iranian Economic Council and final approval by the Ministry of petroleum upon indirect agreeing of the conditions of subsurface resources use with the Parliament of Iran; fourthly, the Parliament of Iran indirectly agrees upon the conclusion of petroleum contracts and each stage of their performance (petroleum operations) by means of regulation of incomes and expenditures of petroleum activities in the laws “On annual budget”; fifthly, the legal regime of subsurface resources use in the Islamic Republic of Iran is in a transitive state, and legislation on natural resources is a complex sector, which combines the interests of public and private companies in the context of growing public influence in this sphere; sixthly, Iran is planning a gradual transformation from agreement-based system of subsurface resources use to a licensing or a mixed system, from an indirect procedure of making subsurface resources allowable for use by foreign investors to a direct procedure, which would be realized without the involvement of the National Iranian Oil Company. The scientific novelty of the study consists in the fact that it considers the reasons for and the procedure of making Iranian subsurface resources allowable for use and the state-legal mechanism of subsurface resources use management including the checks and balances model in realization of the sovereign right of Iran to use subsurface resources within its water area and state territory. 

Abstract: