“АШИГТ МАЛТМАЛ АШИГЛАЛТЫН ТУСГАЙ ЗӨВШӨӨРӨЛ ЭЗЭМШИГЧИЙН ГАЗАР ЭЗЭМШИХ ЭРХИЙН ЗОХИЦУУЛАЛТЫН ТУЛГАМДСАН АСУУДАЛ БА НУТГИЙН ӨӨРӨӨ УДИРДАХ БАЙГУУЛЛАГЫН ЭРХ ХЭМЖЭЭ”

Abstract

1 ABSTRACT Title of thesis: “challenges in the legal regulation of land possession rights of mining license holders and the scope of authority of local self-governing bodies” Although Mongolia ranks among the world’s resource-rich countries in terms of mineral reserves, it continues to face significant challenges in effectively utilizing these resources. The development of any economic sector depends on several fundamental factors, including political stability, coherence and consistency within the legal framework, infrastructure development, an investment-friendly environment, qualified human resources, and constructive participation of local communities. However, these prerequisites remain insufficiently developed in Mongolia. In practice, investors often undertake mineral exploration activities using their own financial resources and subsequently establish mineral reserves. Nevertheless, even after obtaining a mining license, they frequently encounter substantial obstacles in commencing extraction and operational activities. In particular, local self-governing bodies and local administrative authorities may refuse to issue land possession certificates or decline to conclude land use agreements concerning the relevant mining areas. Such administrative and legal impediments result in considerable losses of time, financial resources, and business opportunities for investors, thereby reinforcing perceptions of Mongolia as an unfavorable destination for investment. Accordingly, this research seeks to identify the underlying causes behind the delays and difficulties associated with concluding land use agreements and obtaining land possession certificates for areas covered by mining licenses. Furthermore, the study aims to develop proposals and recommendations that are consistent with the legal framework of Mongolia in order to improve the regulation and implementation of land possession rights related to mining activities. Keywords: Mineral mining license; mining license holder; local self-government authority; land use agreement; land possession rights; land possession certificate; mining site; mining lease area etc.