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The article is devoted to the analysis of the problem of determining the legal regime and further use of objects arising during the implementation of mining activities by an economic entity. The current legal regulations on subsoil use, regulating relevant social relations, contain a number of gaps and internal contradictions regarding the use of subsoil waste, which do not allow the full implementation of the state program for the rational use of natural resources. During the study, it was found that the possibility of using subsoil waste depends on its legal regime, which must be determined on the basis of a comprehensive geological and economic assessment carried out without fail by the subsoil user. As a result of the analysis of regulatory requirements, judicial practice and doctrinal sources, recommendations were made and proposals were formulated to introduce changes and additions to the norms of the current legislation on subsoil use aimed at solving the existing problem.
Roman A. Proschalygin (2024) studied this question.