Legal disputes in the sphere of subsoil use in coal mining in the Kyrgyz Republic: a comprehensive legal analysis

Abstract

The article is devoted to a comprehensive legal analysis of judicial disputes in the field of subsoil use during coal mining in the Kyrgyz Republic. The study examines the transformation of the legal nature of the subsoil use license, which in modern judicial practice is considered not as a market asset, but as a tool for implementing the «state mandate». Based on the analysis of court cases, including disputes around the «Bel-Alma» deposit, the main forms of deviant behavior of subsoil users are typified: «spatial deviation» and «stage mimicry». Particular attention is paid to a comparative legal analysis of the legislation of the Kyrgyz Republic and the Republic of Kazakhstan, which revealed a divergence between blank (intersectoral) and codified regulatory models. The authors substantiate the need for a transition from repressive control to preventive digital monitoring and specialization of judicial personnel. The result of the study is practical recommendations for the implementation of international standards for financial security of reclamation and the introduction of the «digital mine» concept to minimize corruption risks and ensure a balance of interests between the state, business and society.