Community Hearing As A Form Of Direct Municipal Control Of Mineral Resources Use And Protection

Abstract

In the article it is proposed to differentiate municipal control of mineral resources use and protection made by local authorities (indirect control) and directly by territorial community (direct control). One of the forms of direct municipal control, in the author's opinion, is community hearings. On the basis of the analysis of the regulations of the current legislation the author proves that legal regulation of community hearings in ecological sphere is quite chaotic. Lawmakers often put different meaning in the very notion of “community hearing”, as well as make ambiguous approach to the establishment of the procedure of its holding in different spheres. The erroneousness of identification of community and public hearings is proved. Basic criteria of differentiation of community hearings as the form of direct municipal control and public hearings as the form of public control of mineral resources use and protection are presented.