DICHOTOMY OF LEGAL PROVISION OF ECOLOGICAL SAFETY IN EXCAVATION, EXTRACTION AND USE OF COAL MINE METHANE

Abstract

Purpose. Providing general characteristics, types and concepts of legal relations in the coal mine methane industry (CMM industry), revealing specific features of coalbed methane as an object of international, European and constitutional legal relations caused by its natural dichotomy as a harmful substance – greenhouse gas, on the one hand, and material and/or energy resource – a mineral of national importance, on the other. Methodology. During the research, general and special research methods such as dialectical, comparative legal, formal-legal, formal logical, comparative, system structural and system functional methods were used. Findings. It is proposed to differentiate economic activity in coal mine methane industry into types corresponding to the specifics of content, object composition and the legislation field regulating it. It is established that for mining and subsoil legal relations in the CMM industry, subsoil, mining and subsoil mining objects can act as generic objects in which coal mine methane to be extracted is concentrated. The authors’ understanding of the moment of transferring property to coal mine methane is reasoned, as well as its consideration as an object of law of property various forms, based on the connection of methane with subsoil. The main features of coalbed methane as a direct subject of constitutional and legal relations and as an object of international and European legal relations are determined. Originality. The classification of types of legal relations in CMM industry of the general level, based on the natural dichotomy of coal mine methane, has been developed. Definitions of “legal relations in CMM industry”, “environmental safety of objects of legal relations in CMM industry”, as well as the features of coalbed methane as part of the property of the Ukrainian people, world climate policy and European green course. Practical value. The practical significance of the results consists in the possibility of using them in research and educational activities by scientists and researchers in higher education, lawmaking, law enforcement and judicial practice in the process of improving national legislation, investigating and reviewing legal cases in the field of using and emitting coal mine methane.