The work is devoted the use and guard of sands as a type of minerals. Research of legal relationships that arise up during using sands of bowels of the earth in aims, both minerals related to the booty, is conducted and unrelated. In detail the types of using sands of bowels of the earth and features are determined them legal adjusting. Providing of realization of public policy is grounded in industry of using these bowels of the earth. Requirements are distinguished in relation to organization of geological and surveyor service, conduct of primary geological and surveyor documentation, limits of lot land of bowels of the earth and mountain taking. A question is put in relation to legality of process of booty of sands of intermediate layer, on condition of their absence in the special permission on using the bowels of the earth. It is determined that the booty of sands comes true on principles of optimal connection of public and private interests. Scientific directions of perfection of the legal adjusting are offered in providing of the use and guard of sands as to the type of minerals.