On Introducing Changes And Additions Into The Law Of The Russian Federation "on The Bowels"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О недрах"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102034542

The FEDERAL LAW on amendments and additions to the law of the Russian Federation "on the bowels" adopted by the State Duma of the year February 8, 1995 (text as amended by the federal laws from 27.12.2009 N 374-FZ;
from 23.06.2014 N 171-FZ) t s t b I 1. Make changes and additions to the law of the Russian Federation "on the bowels" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 16, p. 834; N 29, art. 1690; 1993, N 2, art. 74), read as follows: "the law of the Russian Federation" on the bowels "Bowels are part of the Earth's crust below the soil, and in its absence-below the Earth's surface and the bottom of ponds and streams extending to depths available for geological exploration and development.
This law regulates relations arising in connection with the geological study, use and protection of the subsoil of the territory of the Russian Federation of its continental shelf, as well as in connection with the use of wastes of mining and related processing industries, peat, sapropel and other specific mineral resources, including groundwater, brines and Rapu salt lakes and bays.
This Act contains legal and economic basis for integrated management and protection of mineral resources, protects the interests of the State and citizens of the Russian Federation, as well as the rights of subsoil users.
Section i. General provisions article 1. The legislation of the Russian Federation on subsoil legislation of the Russian Federation on mineral resources is based on the Constitution of the Russian Federation and consists of this law and in accordance with the federal laws and other regulatory legal acts, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
This law is valid on the whole territory of the Russian Federation, as well as regulates subsoil on the continental shelf of the Russian Federation in accordance with federal legislation on the continental shelf and the norms of international law.
Laws and other regulatory legal acts of the constituent entities of the Russian Federation shall not contradict this law.
In the event of a conflict of laws and other normative legal acts of the constituent entities of the Russian Federation of the provisions of federal laws governing relations of subsoil use, operate the present law and other federal laws.
Attitudes related to the use and protection of lands, waters, flora and fauna, air, arising during the use of the subsurface, shall be governed by the relevant legislation of the Russian Federation and laws of constituent entities of the Russian Federation.
Specific relations associated with geological study and production of selected minerals, as well as the disposal of radioactive waste and toxic substances may be subject to other federal laws in accordance with the principles and guidelines established by the present law.
Subsoil use relations with foreign legal and physical entities are governed by this law, other federal laws and other regulatory legal acts of the Russian Federation.
Article 1-1. Legal regulation of relations of subsoil use delimitation of competence and powers between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation in the area of State regulation of relations of subsoil use is carried out by the Constitution of the Russian Federation, as well as contracted in accordance with Federal and other treaties on the delimitation of jurisdiction and powers.
The provisions of this Act relating to the delimitation of jurisdiction and powers between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation, operate on the territories of the indicated subjects prior to the conclusion of a Treaty on the delimitation of jurisdiction and powers in the field of subsoil use regulation of relations between the Russian Federation and constituent entities of the Russian Federation.
The constituent entities of the Russian Federation shall adopt their laws and other normative legal acts to regulate the relations of subsoil use within their terms of reference.
Local self-government bodies shall have the right to carry out subsoil use relations within their current legislation mandates.
Article 1-2. Ownership of the subsoil resources in the borders of the territory of the Russian Federation, including the underground space and contained in the bowels of minerals, energy and other resources are State property. Questions of ownership, use and management of mineral resources are jointly by the Russian Federation and constituent entities of the Russian Federation.
Subsoil areas may not be the subject of purchase, sale, donation, inheritance, contribution, or alienated in a different form. Subsoil use rights can be alienated or pass from one person to another, to the extent that their traffic is permitted by federal laws.

Extracted from the subsoil minerals and other resources under the terms of the license can be in the Federal State property, property of subjects of the Russian Federation, municipal, private and other forms of property.
Article 2. The State Fund of the subsoil, the State Fund of the subsoil constitute used sites representing geometrizovannye blocks, and unused part of the subsoil within the territory of the Russian Federation and its continental shelf.
Possession, use and disposal of State Fund of the subsoil within the territory of the Russian Federation in the interests of the peoples living on the Territories concerned, and all the peoples of the Russian Federation carried out jointly by the Russian Federation and constituent entities of the Russian Federation.
Federal Executive authorities and executive authorities of the constituent entities of the Russian Federation, within the limits of his powers are claiming public geological survey programs, reproduction of mineral-raw-material base and rational use of mineral resources, on the nomination of the federal authority and the State Fund under the control of the organs of representative power solve the matters of subsoil use, protection of mineral resources and environmental protection Wednesday.
Article 2-1. Subsoil areas of Federal significance to ensure public needs Russian Federation strategic and scarce resources of the subsoil, which affects the national security of the Russian Federation, provides the basis of its sovereignty as well as for the fulfilment of the obligations under the international treaties of the Russian Federation separate subsoil areas, including those containing mineral deposits, can receive the status of Federal significance based on joint decisions of federal bodies of State power and bodies of State power of the constituent entities of the Russian Federation.
Part of the deposits of federal importance, including the mastered and prepared for extraction of mineral resources shall be included in the Federal Reserve Fund deposits.
Procedure for rating of subsoil areas of Federal significance to objects, including the Federal Reserve Fund of mineral deposits, their terms of use, as well as the procedure for attributing them to federal property are established by federal laws.
Article 3. The competence of the bodies of State power of the Russian Federation in the field of subsoil use relations management within the competence of the organs of State power of the Russian Federation in the sphere of regulation of relations of subsoil use includes: 1) development and improvement of the legislation of the Russian Federation on mineral resources;
2) definition and implementation of the federal policy of subsoil use, defining strategies, reproduction rates, further expansion and qualitative improvement of mineral-raw-material base by developing and implementing federal programs;
3) establishing the overall order of subsoil use and conservation, development of relevant standards (regulations), including the classification of reserves and resources of minerals;
4) establishment and maintenance of a unified system of federal and territorial funds geological information on subsurface disposal, information received from public funds;
5) State examination information on proven mineral potential, other properties of the subsoil, the determinants of their value or risk;
6) determination of constituent entities of the Russian Federation, together with the regional lists of minerals, which are considered to be common, as well as the allocation of subsoil areas of Federal significance, regional importance and local significance;
7) compilation of State balance of mineral reserves; public accounting of subsoil areas used for mining and construction of underground structures not related to extraction of mineral resources; keeping the State Cadastre of deposits and manifestations of minerals; State registration of works on geological studying of the subsoil;
8) order of the subsoil of the continental shelf of the Russian Federation;
9) restrictions on subsoil use at selected sites to ensure national security and the surrounding natural Wednesday;
10) order together with the subjects of the Russian Federation State Fund, except for the sites that are in the exclusive competence of the Russian Federation;
11) determination of constituent entities of the Russian Federation, together with the conditions and the procedure of charging for subsoil use, including the establishment of their limit values for mineral groups, establishment of shapes and sizes for use of subsoil areas of Federal significance, as well as approval of the agreements on the conditions of production;
12) coordination of scientific-research and experimental-design works connected with use of mineral resources;
13) protect the rights of users and the interests of citizens of the Russian Federation;
14) settlement of disputes on matters of subsoil use between the subjects of the Russian Federation;

15) conclusion of international treaties of the Russian Federation for geological study, use and protection of the subsoil;
16) State control over geological study, rational use and protection of mineral resources, as well as the establishment of the order of the vote.
Realization of General Federal policy of subsoil use in the Russian Federation is vested in the Federal Government Fund management body and its territorial divisions in consultation with the constituent entities of the Russian Federation.
The Russian Federation may transfer certain powers to regulate relations of subsoil use subjects of the Russian Federation.
Article 4. The competence of the bodies of State power of the constituent entities of the Russian Federation in the sphere of regulation of relations of subsoil within the competence of the bodies of State power of the constituent entities of the Russian Federation in the sphere of regulation of relations of subsoil use in their territories include: 1) adoption and improvement of laws and other normative legal acts of the constituent entities of the Russian Federation on mineral resources;
2) participate in the formulation and implementation of State programs for geological study, development and exploitation of mineral-raw-material base of the Russian Federation;
3) development and implementation of territorial programs of development and utilization of mineral-raw-material base;
4) establishment and maintenance of territorial funds of geological data available to information obtained at the expense of the respective budgets of the constituent entities of the Russian Federation and local budgets;
5) participation in State examination information on proven reserves of minerals and other properties of the subsoil, the determinants of their value or risk;
6) drawing up territorial balances stocks and inventories mineral fields and accounting of subsoil areas used for the construction of underground structures not related to extraction of mineral resources;
7) order, together with the Russian Federation as a single State Fund of bowels in their territories and the selection together with the Russian Federation subsoil areas of federal, regional and local significance;
8) definition of forms and establishment of fee for subsurface sections of regional and local significance within the prescribed limits;
9) establishing the order of subsoil use in order to develop deposits of popular minerals, subsoil areas of local importance, as well as the construction of underground structures of local significance;
10) protect the interests of the small-numbered indigenous peoples, the rights of users and the interests of citizens, the settlement of disputes on matters of subsoil use;
11) licensing activities related to the use of the subsurface sections of regional and local significance;
12) conclusion of agreements on the terms of production sharing with subjects of economic activities while using the subsoil areas of regional and local significance;
13) defining the conditions and modalities of use of mineral deposits;
14) State control over geological study, protection and rational use of the subsoil in accordance with established procedures;
15) Regulation of the other issues in the sphere of use and protection of mineral resources, except falling within the jurisdiction of the Russian Federation.
Article 5. The competence of the bodies of local self-government districts, cities in the field of subsoil use relations management within the competence of the organs of local self-government districts, cities in the field of subsoil use relations management comprises: 1) the right to participate in decisions regarding compliance with socio-economic and environmental interests of the population of the territory, with the granting of subsoil use and allotment of land plots;
2) development of mineral-raw-material base for enterprises of local industry;
3) provision in accordance with established procedures, permissions on popular minerals deposits, as well as the construction of underground constructions of local significance;
4) suspension of works connected with use of the subsoil, on land in case of violation of the provisions of article 18 of this law;
5) control over use and protection of the subsoil during mining of popular minerals, as well as in the construction of underground structures not related to extraction of mineral resources;
6) imposition of restrictions on the use of the subsurface sections in the territories, settlements, peri-urban zones, industry, transport and communication in cases where this use may pose a danger to human life or health, harm economic objects or environment Wednesday.
Section II. SUBSOIL USE Article 6. Types of subsoil use Subsoil use for:

1) regional geological studies, including regional geological and geophysical work, geological survey, geological engineering, research, paleontological and other work aimed at general geological exploration of mineral resources, geological work on forecasting earthquakes and volcanic activity, the creation and monitoring of natural Wednesday, monitoring of groundwater regime, as well as other work undertaken without significantly compromising the integrity of the subsoil;
2) geological studies, including the search for and evaluation of mineral deposits;
3) exploration and mining, including the use of wastes of mining and related processing industries;
4) construction and operation of underground structures not related to extraction of mineral resources;
5) protected geological objects of scientific, cultural, aesthetic, health-improving and different meaning (scientific and educational polygons, geological reserves, game reserves, nature monuments, caves and other underground cavities);
6) collection of mineralogical, paleontological and other geological collection materials.
The subsoil can be in use simultaneously for geological exploration (prospecting, exploration) and mining. In this case, the extraction can be made both in the course of geological studies, and upon its completion.
Article 7. Subsoil use provided in accordance with a license for mining, construction and operation of underground structures not related to mining, formation of geological objects protected stretch of the subsoil is granted to the user in the form of a mining lease-block bowels of geometrizovannogo.
In determining the boundaries of mining lease accounted for spatial contours of mineral deposits, the location of the sector of construction and operation of underground structures, the bounds of the safe conduct of mining and blasting safety zone from harmful influence of mining zone of moving rocks, paths of safety pillars under natural objects, buildings and structures, pits tongue-lashings and incisions and other factors that affect the State of the subsoil and surface in connection with the use of subsurface geological studies.
Preliminary mining lease boundaries established when granting a licence on subsoil use. After the development of the technical project, getting to it a positive conclusion of the State expertise, harmonizing the specified project with the Government mining supervision and Government environmental protection Wednesday documents defining qualified mining lease boundaries (with its characteristic cuts, Bill coordinates of corner points) are included in the license as an integral part of the.
Subsoil user who receives the mining allotment permit, have the exclusive right to exercise within its boundaries, in accordance with the subsoil use provided license. Any activity connected with the use of mineral resources within the boundaries of mining lease may be instituted only with the consent of the subsoil, which he granted.
Site, provided in accordance with the license for geological exploration without significantly compromising the integrity of the subsoil (without sinking a heavy mine workings and borehole drilling for mining or construction of underground structures for purposes not related to the mineral extraction), to address a federal body of management of the public fund of the subsoil or its territorial units attached to the status of geological recusing. Within the boundaries of the geological recusing might be simultaneously to multiple users. Their relationships are defined by the granting of subsoil use.
Article 8. Limitation of subsoil Use separate sites of the subsoil may be restricted or prohibited in order to safeguard national security and environmental protection Wednesday.
Subsoil use in the territories, settlements, peri-urban zones, industry, transport and communications may be partially or completely banned in cases where this use may pose a danger to human life or health, harm economic objects or environment Wednesday.
Subsoil use in protected areas shall be in accordance with the status of those territories.
Article 9. Subsoil users Users of the subsoil can be businesses, irrespective of their form of ownership, including juridical persons and nationals of other States, if the legislation of the Russian Federation and laws of constituent entities of the Russian Federation, they are entitled to engage in the relevant activity when using mineral resources.
Subsoil user's rights and obligations arise from the moment of reception of licence on subsoil use.

Users of the subsoil for mining of radioactive raw materials and the disposal of radioactive waste and toxic substances may only be State-owned enterprises.
Article 10. The timing of subsoil use Subsoil use, for a specified period or without term limits. For a certain period of time the subsoil use: for geological study of up to 5 years;
for mining and for purposes not related to the extraction, up to 20 years;
When you combine these types of use-for up to 25 years.
Terms of royalty when mining shall be determined on the basis of a feasibility study of their development, providing rational use and protection of the subsoil.
Without term limits can be granted subsoil areas for the construction and operation of underground structures not related to mining, education, protected objects and other purposes.
The timing of subsoil use shall be calculated from the day of granting of rights of use. They can be extended on the initiative of the subsoil user referred to in paragraph 1 of this article with the discharge stipulated in the licence conditions.
Article 10-1. Grounds for obtaining the right of subsoil use right of subsoil use may be purchased by the user: 1) on the basis of a joint decision of the federal authority in the management of the public fund of the subsoil or its territorial entities and the Executive authority of the Russian Federation on the basis of a competition or auction;
2) on the basis of the decision of the Government of the Russian Federation on agreement with the executive authorities of the constituent entities of the Russian Federation for the purposes of the dumping of radioactive wastes and toxic substances in deep horizons for their localization;
3) on the basis of the decision of the Government of the Russian Federation on the basis of a competition or auction for subsoil use of the continental shelf of the Russian Federation;
4) in order to formalise existing licences on the grounds provided for in this Act;
5) in the manner prescribed by the organs of representative power of the subjects of the Russian Federation to use subsoil areas containing deposits of popular minerals or have local significance, as well as sites of subsoil of local significance used for purposes not related to the extraction of mineral resources;
6) on the basis of a decision of a federal body of management of the public fund of the subsoil or its territorial units, consistent with executive bodies of the constituent entities of the Russian Federation for the purposes of geological study.
The right to use the subsoil areas of free economic zones in the territories of the Russian Federation may be obtained on terms and conditions stipulated in this law.
Article 11. License for subsoil use provision of subsoil use issued special government permission in the form of licences, including the prescribed form form with the State emblem of the Russian Federation, as well as text, graphics, and other applications that are an integral part of the license and basic terms of use of mineral resources.
The license is a document certifying the right of its owner use subsoil plot in a certain boundaries in accordance with that goal within the prescribed time limit subject to the relevant conditions in advance. Between the authorized bodies of State power and the licence holder can be signed a Treaty establishing the specific conditions associated with the use of mineral resources.
Licence certifies the right of carrying out works on geological studying of mineral resources, mining waste, mining and related processing industries, the use of the subsoil for purposes not related to mining, geological objects protected education, collection of mineralogical, paleontological and other geological collection materials.
It is allowed to grant licenses on several types of subsoil use.
(Art. 1 repealed in part of the presentation part of the sixth article 11-federal law 23.06.2014 N 171-FZ) Article 12. Content license for subsoil use Licence and its integral components shall contain: 1) data about the user that owns the license, entrails and organs, providing the license, as well as the Foundation license grant;
2) data destination of works connected with use of mineral resources;
3) specifying the spatial boundaries of the subsoil in use;
4) specifying the boundaries of land or water areas set aside for operations related to the use of mineral resources;
5) license expiration dates and start dates (preparation of the technical project, at full capacity, the submission geological information for State expert review);
6) conditions associated with payments collected during the use of the subsurface, land areas;

7) a coherent mineral level, the ownership of the extracted mineral raw materials, as well as its percentage distribution agreement;
8) agreement on ownership on the geological information obtained in the course of subsoil use;
9) conditions established by law, standards (regulations, rules) requirements for protection of the subsoil and environment Wednesday, the safe conduct of work;
10) order and timing of liquidation or conservation projects of mine workings and reclamation.
License for subsoil use establishes the conditions and form of the contractual relationship, including the subsoil use contract on the terms of production sharing contract for the provision of services (with the risk and no risk), and can also be supplemented by other terms, is not contrary to this Act.
Conditions provided for in the subsoil licenses remain valid for a period specified in the licence or dates throughout the term of its validity. Changes to these conditions is only allowed with the consent of the user of the subsoil and bodies providing a licence, or in cases established by legislation.
Article 13. Procedure for granting licences for subsoil use licensing for subsoil use is done through competitions and auctions, as well as on other grounds set out in article 10-1 of the present law.
The definition of the modalities of and conditions for the contest or an auction for each object or group of objects is carried out by the bodies providing licenses.
The main criteria when conducting a contest or an auction are: scientific and technical level programs on geological studying and use of resources, the fullness of the extraction of mineral resources, contribution to socio-economic development of the territory, the timing of the implementation of the relevant programs, the effectiveness of environmental protection measures.
Information about upcoming contests, results about auctions, as well as on the granting of licences for subsoil use on other grounds must be published in the media.
Article 14. Refusal of the application for participation in the tender or auction refusing applications for participation in the competition or auction can follow in the following cases: 1) the application for a licence filed in violation of established requirements, including if its content does not match the declared terms of competition or auction;
2) the applicant deliberately provided incorrect information about yourself;
3) the claimant has not provided and cannot present evidence that has, or will have qualified with the necessary financial and technical resources for the effective and safe conduct of work;
4) if in the case of the grant of the licence to the applicant would not be complied with antitrust requirements.
Article 15. State licensing system State licensing system is a single procedure for granting licences, including informational, scientific and analytical, economic and legal training materials and making them.
Task State licensing system is to ensure the practical implementation of State programmes: development of the mining and mineral-raw-material base;
social, economic, environmental and other interests of the people living on this territory, and all citizens of the Russian Federation;
equal opportunities for all legal entities and individuals in obtaining licences;
development of market relations, the conduct of antimonopoly policy in the field of subsoil use;
necessary safeguards licence holders (including foreign) and the protection of their rights of subsoil use.
Article 16. Organizational support for State licensing system for organizational support of State licensing system is vested in the Federal Government Fund management body and its territorial subdivisions.
Federal State Fund management body and its territorial divisions carry out preparatory work related to tenders (auctions) and licensing, negotiate license terms with government authorities, land, water and forest resources, public authorities of nature Wednesday, Government and mining supervision in relation to fees, with government authorities to manage the economy.
When granting licenses for years through all kinds of approvals are carried out jointly with a potential user of subsoil.
The license is provided jointly by the Executive authority of the Russian Federation and federal management body of the State Fund of the subsoil or its territorial subdivision, and in cases stipulated in points 2, 3 and 6 of article 10-1 of the present law, the Federal management body of the State Fund of the subsoil or its territorial division.

Registration, registration and licensing for subsoil use are implemented by the management of the public fund of the subsoil or its territorial division.
The regulations on the procedure for licensing subsoil use is approved by the Federal Assembly of the Russian Federation.
Article 17. Antitrust requirements when using the subsoil is prohibited or in the prescribed manner recognized by unauthorized acts of public authorities, as well as any economic entities (users) to: restriction contrary to the terms of this contest or auction access to participation of legal entities and individuals wishing to acquire the right of subsoil use in accordance with this law;
refusal to grant licenses to the winners in the competition or at auction;
replacement of tenders and auctions direct negotiations;
discrimination of the subsoil user, create structure, competing with businesses occupying a dominant position in the subsoil use;
discrimination of subsoil users in providing access to transport and infrastructure objects.
Federal State Fund management body of bowels in consultation with the constituent entities of the Russian Federation may establish size limits the number of plots, subsoil areas and marginal mineral deposits provided for use.
Article 17-1. Go right to subsoil use and re-registration of existing licenses subsoil use Right passes to another subject of entrepreneurial activity (legal person) in the following cases: 1) when changing the organizational-legal form of enterprise-subsoil user;
2) reorganizing enterprises-subsoil user by joining another company or merger with another company, if the user continues the subsoil belongs to at least half of the statutory fund of the newly created Enterprise;
3) reorganizing enterprises-subsoil user by dividing or partitioning of other enterprises, when the newly created Enterprise continues to work in accordance with a license at the site of the former user.
When transferring the right of use license is subject to subsoil redecorated. The content of the licence is not subject to review.
Reissuance of the license be sure to change the name of the enterprise user.
License reissued on the subsoil user statement bodies, provided the license.
Procedure for renewal of the license is determined in accordance with the requirements of this Act for registration and recordal of a license for subsoil use if her extradition.
Denial of license re-registration can be appealed by the user of the subsoil in the courts.
Subsoil use right obtained by the user, may not be transferred to third parties, including, in order of assignment of rights under the civil law, except in cases provided for by federal laws.
Article 18. Granting of subsoil for mining of popular minerals order of granting of subsoil for mining of popular minerals, order of subsoil use legal entities and citizens within the boundaries of the land granted to them with a view to production of popular minerals, as well as for purposes not related to the extraction of mineral resources shall be established by laws and other normative legal acts of the constituent entities of the Russian Federation.
The bowels of popular minerals extraction to manufacture construction materials may not be available, subject to the possibilities of using the wastes of mining and other industries that are alternative sources of raw materials.
Article 19. Extraction of popular minerals owners, owners of land owners, land owners have the right, in its sole discretion, to exercise their borders without using blasting popular minerals extraction, not listed on the State balance, and the construction of underground structures for their needs to a depth of five metres, as well as device and operation of domestic wells and boreholes on the first aquifer is not a centralized water supply source in order to be determined by the relevant bodies of executive power of the constituent entities of the Russian Federation.
Article 20. Grounds for termination of the right of subsoil use right of subsoil use stops: 1) after the license term of its validity;
2) upon cancellation of the licensee's right to use mineral resources;
3) If you encounter specific condition (if it is locked in the license) terminates the right of subsoil use;
4) in the case of renewal of the license in violation of the conditions stipulated in paragraph 2 of article 17-1 of this Act.
The right of subsoil use may be prematurely terminated, suspended or restricted by the authorities, who provided a license in the following cases:

1) an imminent threat to the life or health of persons working or living in the zone of influence of works connected with use of mineral resources;
2) the user's violation of the bowels of the essential conditions of the licence;
3) systematic violation by the user of the subsoil of the established rules of subsoil use;
4) emergencies (natural disasters, acts of war, and others);
5) if the user of the subsoil within the stipulated in the license period has not started to use subsurface resources in prescribed quantities;
6) liquidation of the enterprise or other business entity, which had been granted in subsoil use;
7) at the request of the owner of the license.
If the user disagrees with the decision on the termination of the bowels, suspend or limit the right of subsoil use he or she may appeal to the administrative or judicial procedure.
Article 21. Order early termination of the right of subsoil use in the case provided for in paragraph 2 of the first paragraph of article 20 of this law, a waiver must be lodged with the subsoil use licence holder written notice of bodies providing a licence, no later than six months before the stated deadline.
The owner of a license for subsoil use must comply with all the obligations defined in the licence in case of early waiver, before the due date of the termination of the right of subsoil use. In case the owner of the license specified obligations bodies providing license are entitled to recover the amount of damage from their failure in the courts.
In cases stipulated in points 1 and 4 of part 2 of article 20 of this law, subsoil use is terminated immediately after the adoption of the decision by the competent authority upon written notice to user.
In cases stipulated in points 2, 3 and 5 of part 2 of article 20 of this law, the decision on the termination of subsoil use rights can be made after three months from the date of receipt of the written notification of the subsoil user conduct violations, provided that within this period the user has not removed these violations.
In case of early termination of the right of subsoil use liquidation or conservation enterprises is carried out in the manner provided for in article 26 of this law. Expenditures on conservation and liquidation of the enterprise user, if a royalty has been terminated for the reasons set out in paragraphs 1 (fault), 2 and 3 of part 2 of article 20 of this law, or on the initiative of the subsoil user.
Expenditures on conservation and liquidation of enterprises-subsoil user state, if a royalty has been terminated for the reasons mentioned in paragraph 1 (in the absence of fault of the enterprise) and paragraph 4 of part 2 of article 20 of this law.
If the circumstances or conditions that caused the suspension or restriction of the right of subsoil use, eliminated, this right may be restored in full. The time at which it was suspended in the absence of fault of the subsoil user are not included in the total duration of the license.
Article 22. Basic rights and obligations of subsoil user of subsoil User has the right to: 1) use subsoil plot given to it for any form of business or other activities, appropriate for the purpose indicated in the license;
2) choose this form of activity that does not contradict the current legislation;
3) use the results of its activity, including mineral raw materials, produced under license and current legislation;
4) use waste their mining and related processing industries, unless otherwise specified in the licence;
5) limit the development mineral areas within the boundaries of the mining lease;
6) without additional permissions geological exploration at the expense of own means within the boundaries of the mining lease, given to him in accordance with the licence;
7) apply to the bodies which provided a license, about revising the terms of the license if there are circumstances markedly different from those under which the license was granted.
Subsoil user must provide: 1) compliance with legislation, and approved in accordance with the established procedure standards (regulations) on technologies of works connected with use of the subsoil, and when the primary processing of mineral raw materials;
2) compliance with technical projects, plans and development schemes of mining, preventing excessive losses, dilution and selective refining of minerals;
3) conducting geological, mine and other documentation during all types of subsoil use and its preservation;
4) presentation of geological information in the Federal and respective territorial funds geological information;

5) presentation of reliable data on proven, recoverable and abandoned in the bowels of mineral potential, the components contained therein on subsurface use for purposes not related to mining, the Federal and respective territorial funds of geological data to bodies of State statistics;
6) safe maintenance work related to the use of mineral resources;
7) approved in accordance with the established procedure standards (regulations) governing the terms of protection of mineral resources, atmospheric air, land, forests, waters, as well as buildings and structures from harmful influence of works connected with use of mineral resources;
8) land and other natural objects, broken when using mineral resources in a State suitable for further use;
9) safety of exploratory mine workings and drilling wells that could be used in the development of and (or) other economic purposes; liquidation in the prescribed manner of workings and drill wells, not to be used;
10) fulfillment of the conditions established by the licence, the timely and proper payment for subsoil use.
Subsoil users or attracted them to subsoil use other legal and physical persons are to comply with the requirement of a special qualification and experience, confirmed State license (certificate, diploma) for holding corresponding activity: geological mapping, prospecting, exploration, different ways of mining, construction and operation of underground structures, other types of subsoil use.
Section III. RATIONAL use and protection of SUBSOIL Article 23. The basic requirements for the rational use and protection of the subsoil of the basic requirements for the rational use and protection of the subsoil are: 1) compliance with the statutory procedure for granting of subsoil use and preventing unauthorized use of mineral resources;
2) ensure completeness of geological study, management of complex use and protection of mineral resources;
3) conducting geological survey-ahead, providing reliable assessments of mineral reserves or lot properties, provided the use is for purposes not related to the extraction of mineral resources;
4) conduct public examination and public accounting of mineral reserves, as well as subsoil areas used for purposes not related to the extraction of mineral resources;
5) to ensure the most complete extractions from the bowels of the stocks of basic and with them occurring minerals and associated components;
6) reliable records are retrieved and kept in the bowels of the stocks of basic and with them occurring minerals and associated components when developing mineral deposits;
7) protection of mineral deposits from flooding, flooding, fires and other factors that reduce the quality of minerals and industrial value of deposits or complicating their development;
8) prevention of pollution of the subsoil in conducting the work associated with the use of mineral resources, especially when underground storage of oil, gas or other substances and materials, and disposal of hazardous substances and waste, dumping sewage;
9) compliance with the established order of conservation and liquidation of enterprises of mining and underground structures not related to extraction of mineral resources;
10) warning of unauthorized building mineral areas and observance of the established procedure for the use of these areas for other purposes;
11) prevent the accumulation of industrial and household waste in the catchment areas and places of occurrence of groundwater used for drinking water or industrial water supply.
In case of violation of the requirements of this article, the use of subsurface mineral resources may be restricted, suspended or terminated at the specially authorized State bodies in accordance with the law.
Article 23-1. Geological-economic estimation of deposits of minerals to determine the industrial value of mineral deposits, the most effective and safe methods of testing when mining and geological setting of mineral reserves on the State balance is carried out geological-economic estimation of deposits on the basis of the criteria and requirements set by the federal body of management of State Fund.
Article 23-2. The order of development of mineral deposits and subsoil use for purposes not related to the extraction of mineral resources mining and royalty for purposes not related to the extraction of mineral resources shall be exercised in accordance with the approved technical projects.
Article 23-3. Primary processing of mineral subsoil users subsoil Users engaged in primary processing of their minerals from the subsoil, to ensure:

1) strict observance of technological schemes of mineral processing, providing rational, comprehensive extraction of useful components contained therein; the recording and the monitoring of the distribution of the useful constituents at different stages of processing and the extraction of mineral resources;
2) study further technological properties and composition of mineral, conducting experienced technological tests to improve mineral processing technologies;
3) most complete use of the products and waste (sludge, dusts, wastewater and other); warehousing, inventorying and preservation of temporarily not used products and waste products that contain useful components.
Article 24. The basic requirements for the safe conduct of work involving the use of subsurface construction and operation of mining companies, underground structures for various purposes, conducting geological survey is permitted only for securing the life and health of the employees of these enterprises and the population in the zone of influence of works connected with use of the subsoil.
Public authorities, users are required to ensure compliance with the standards of the subsoil (regulations) for the safe conduct of work connected with the use of mineral resources.
Bodies of State mining supervision within the limits of its competence, provide State regulation of safety issues, work related subsurface, as well as perform monitoring functions.
Direct responsibility for ensuring safe conditions of work related to the use of the subsurface, bear executives, regardless of these enterprises carry out work in accordance with their license or engaged to perform work on the Treaty.
Basic requirements to ensure the safe conduct of work related to the use of the subsurface are: 1) the admission to persons with specialized skills and qualifications, and to the leadership of the mining-persons with appropriate special education;
2) persons employed in mining and drilling operations, special clothing, means of individual and collective protection;
3) the use of machinery, equipment and materials that meet the requirements of safety and health standards;
4) proper use of explosives, and explosives, their proper accounting, storage and expenditure;
5) carrying out of geological, surveying and other observations are sufficient to ensure the normal work cycle works and anticipating dangerous situations, the timely identification and mapping of mining plans dangerous zones;
6) systematic monitoring of the mine atmosphere, the content of oxygen in it, harmful and explosive gases and dusts;
7) prohibition of mining if the air temperature as well as the content of the mine atmosphere existing mine workings of oxygen, harmful, explosive gases and dusts do not comply with the requirements of the safety rules and regulations, sanitary norms and rules;
8) implementation of special events on the prediction and prevention of sudden breakouts gas emissions water, minerals and rocks, as well as mountain bumps;
9) strain management processes providing mountain safely finding people in the mine workings;
10) development and implementation of measures for the protection of workers, leading the work associated with the use of the subsurface, and the population in the zone of influence of these works from the harmful influence of these works in their normal operation and in case of emergencies.
All work associated with increased risk when using mineral resources, are conducted on the basis of licenses for the appropriate activity.
Users of the subsoil leading underground mining, should be served by professional gornospasatel'nymi services and leading drilling at the exploration and development of oil and gas deposits-professional services for the prevention and elimination of open oil and gas fountains on the basis of the contracts concluded between users of bowels with such services.
Business leaders, leading the work associated with the use of mineral resources, other authorized officials when an imminent threat to the life and health of the employees of these enterprises are obliged to immediately suspend work and to transport people to a safe place.
When an imminent threat to the life and health of the population in the zone of influence of works connected with use of mineral resources, managers are obliged to immediately inform the relevant bodies of State power and bodies of local self-government.
Article 25. Terms of building space mineral engineering and construction of settlements, industrial complexes and other household objects are allowed only after receiving the advice of the federal body of management of the public fund of the subsoil or its territorial units on the lack of minerals in the depths under the upcoming plot developments.

Construction of mineral areas, as well as placing in their abundance of underground constructions are allowed with the permission of a federal body of management of the public fund of the subsoil or its territorial bodies and organs of the State mining supervision only if the possibility of extracting minerals or proof of economic feasibility.
Unauthorized building space mineral is terminated without reimbursement of the costs incurred and the costs of reclaiming territory and dismantle the constructed objects.
Article 25-1. Conditions of land use areas mineral land necessary for the carrying out of works connected with geological study and use of subsoil, temporarily or permanently, may be expropriated for public use with compensation to owners of these plots of their cost in accordance with the laws of the land.
The decision to expropriate such land was adopted by federal bodies of executive power or bodies of executive power of the constituent entities of the Russian Federation in accordance with the Division of their powers.
Article 26. Conservation and liquidation of enterprises of mining and underground structures not related to mining Enterprises mining and underground structures not related to mining, subject to liquidation or conservation license expires or when advance termination of subsoil use.
Pending the completion of liquidation or conservation of the subsoil user bears the responsibility conferred on it by this law.
When the complete or partial liquidation or conservation enterprises or underground mining facilities and wells must be brought in the State of safety of life and health, environmental protection Wednesday, buildings and structures, and preservation-preservation also deposits, mining and drilling of wells for all time.
In case of liquidation and preservation of mining enterprise or a part thereof, as well as underground facilities not associated with mining, geological, markshejderskaja and other documentation are replenished at the time of completion of the works and shall be in accordance with the established procedure.
Liquidation and conservation Enterprise for mining or underground facilities not associated with mining, are considered to be completed after the signing of the Act of liquidation or conservation authorities, who provided the license and authority of State mining supervision.
Conservation and liquidation of mines and other buildings associated with the use of mineral resources, are carried out at the expense of the user industries.
Article 27. Geological information on mineral resources Information on the geological structure, mineral resources in them, on the conditions for their development, as well as other qualities and characteristics of the subsoil, contained in geological records, maps and other materials can be in public ownership or owned by the user.
Geological and other information on subsurface received by the user of the subsoil by means of public funds, is State-owned, and subsurface user appears to be in the prescribed form to the Federal and respective territorial funds geological information, carrying out its storage and systematization. The procedure and conditions for the use of this information are determined by the federal body of management of State Fund's Interior in accordance with the legislation of the Russian Federation.
Geological and other information on subsurface received subsoil user at their own expense, is owned by the user and is submitted by the user of the subsoil in the prescribed form to the Federal and respective territorial funds geological information with the definition of the conditions for its use, including for commercial purposes.
Officials of the Federal and territorial funds are obliged to provide geological information privacy information before them, as well as bear material, administrative or criminal liability for its unauthorized disclosure.
The right of ownership to geological and other information about the depths protected in the manner prescribed by the legislation of the Russian Federation to other properties.
Executor has a right to use information obtained as a result of carrying out geological and other information on mineral resources for research and teaching activities, unless otherwise provided by the contract.
Article 28. Public accounting and State registration of Public accounting and included in the State Register of eligible work on geological studying soil, subsoil areas provided for mining, as well as for purposes not related to their prey, and the license for subsoil use.

Public accounting and maintenance of the national register are carried out on a single system as prescribed by the federal body of management of State Fund.
Article 29. Public examination of mineral reserves in order to create the conditions for sustainable integrated management of mineral resources, determine payment for subsoil use, boundaries, provided for use, proven deposits of minerals are subject to State review.
Providing use of the subsoil for mining is permitted only after a State examination in their stocks.
Conclusion of State expertise of industrial relevance of explored reserves of mineral resources is the basis for their performances on public accounting.
State examination may be carried out at any stage of geological study of the deposit provided for public examination of geological materials allow to give an objective assessment of the quantity and quality of mineral resources and their economic values, mining engineering, hydrogeology, environmental and other conditions of their production.
State examination is also subject to geological information about the subsurface sites suitable for the construction and operation of underground structures not related to the development of mineral deposits. Such use of subsoil areas is allowed only after conducting the State expertise of geological information.
Public examination of mineral reserves, geological, economic, and environmental information about the use of subsurface sites is performed by specially authorized State bodies of the Russian Federation and constituent entities of the Russian Federation in the manner prescribed by the Government of the Russian Federation.
Article 30. The State Cadastre of deposits and manifestations of the State Cadastre of mineral deposits and manifestations of mineral resources is carried out in order to ensure the development of federal and regional geological survey programs, comprehensive utilization of mineral resources, rational distribution enterprises in mining and other economic purposes.
The State Cadastre of deposits and manifestations of mineral resources must include information for each deposit, characterizing the quantity and quality of basic and with them occurring minerals contained in components, technical, hydrogeological, ecological and other conditions field development, include geological and economic evaluation of each deposit, and also include information on identified manifestations of minerals.
Article 31. The State balance of mineral resources with a view to taking into account the State of mineral-raw-material base maintained the State balance of mineral reserves. It should contain information about the quantity, quality and degree of knowledge stocks every type of mineral deposits have industrial value about their location, on the extent of industrial development, mining, and industry on the availability of loss reserves of minerals on the basis of a classification of mineral reserves, approved in accordance with the procedure set out by the Government of the Russian Federation.
Setting of mineral reserves on the State balance from the State or cancellation of the balance of payments shall be made in accordance with the procedure established by federal authority in the management of the public fund of the subsoil in coordination with bodies of State mining supervision.
Article 32. Keeping the State Cadastre of deposits and manifestations of mineral resources and the State of the balance of the State Cadastre of mineral deposits and mineral resources and the State balance of mineral reserves shall be drawn up and maintained by the federal body of management of State Fund of subsoil based on geological information provided to enterprises engaged in geological exploration of mineral resources, the Federal and territorial funds geological information in accordance with this law, as well as on the basis of State reporting engaged in the exploration of mineral deposits and their prey provided the funds in accordance with the procedure set out by the Government of the Russian Federation.
Article 33. Protection of the subsoil areas of special scientific or cultural value rare geological outcrops, mineralogical, paleontological education facilities and other subsoil areas of special scientific or cultural value may be declared in the prescribed manner of geological reserves, sanctuaries or monuments of nature or culture. Any activity that violates the safety of these nature reserves, nature reserves and monuments, is prohibited.

In the case of discovery during the use of the mineral resources of rare geological and mineralogical formations, meteorites, paleontological, archaeological, and other objects of interest to the science or culture, subsoil users are obliged to suspend work at the appropriate station and notify the authorities, provided the license.
Article 34. Remuneration for the identification of mineral deposits the person revealed signs of mineral deposits, rare geological outcrops, mineralogical, paleontological or other entity representing scientific or cultural value to the previously undisclosed site, have the right to register the specified plot of the subsoil in the Federal Administration the State Fund of the subsoil or its territorial division.
Upon confirmation by the federal body of management of State Fund bowels or his territorial unit values specified subsoil areas persons registered, paid incentive remuneration.
The person who opened and (or) razvedavshie has commercial value, previously unknown field and also revealed additional minerals or new minerals in the formerly known deposit, substantially increasing its commercial value, are eligible for state money.
Procedure for the payment and incentive and public dimensions of cash rewards shall be established by the Government of the Russian Federation or the body of the Executive power of the constituent entities of the Russian Federation.
Section IV. STATE REGULATION of SUBSOIL USE RELATIONS Article 35. The task of the State regulation of subsoil use relations the main task of the State regulation of subsoil use relations is to ensure reproduction of mineral-raw-material base, its rational use and protection of mineral resources for present and future generations of the peoples of the Russian Federation.
State regulation of relations of subsoil use is carried out by management, licensing, accounting and control.
The tasks of the State regulation include: definition of production of major minerals in the current period and for the future of the Russian Federation as a whole and by region;
ensuring the development of mineral-raw-material base and training reserve subsoil areas used for the construction of underground structures not related to extraction of mineral resources;
provision of geological study of the territory of the Russian Federation of its continental shelf, Antarctica and the bottom of the oceans;
quotas on the supply of mined mineral resources;
the introduction of payments related to the use of mineral resources, as well as regulated prices for certain types of mineral raw materials;
setting standards (regulations) in the field of geological exploration, utilization and protection of mineral resources, the safe conduct of work related to the use of mineral resources, as well as the rational utilization and protection of mineral resources.
Article 36. Governance relationships governance relationships for subsoil use of subsoil use is exercised by the President of the Russian Federation, the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation, as well as federal management body of the State Fund of mineral resources and mining supervision by the public.
Federal State Fund management body of bowels creates its own territorial divisions in consultation with the constituent entities of the Russian Federation.
Federal State Fund management body and its territorial subdivisions may not perform the functions of the economic management of enterprises engaged in exploration and exploitation of mineral deposits or the construction and operation of underground structures not related to mining, and engage in commercial activities.
Article 36-1. State geological exploration in the Russian Federation state geological exploration of mineral resources, which include: geological mapping of the territory of the Russian Federation and its continental shelf, the search for and evaluation of mineral resources in accordance with government programs, monitoring and prediction of their processes, collection and storage of information on mineral resources, the status of mineral-raw-material base and other jobs related to the geological study of the subsoil.
The Organization of the State Geological Survey rests with the Federal Government Fund management body of bowels.
Article 37. State control over rational use and protection of the subsoil

The task of the State monitoring of geological study, rational use and protection of the subsoil is to ensure compliance with all users of the subsoil of the established order of subsoil legislation approved in the prescribed manner the standards (regulations) in the field of geological exploration, utilization and protection of mineral resources, the rules of public accounting and reporting.
State monitoring of geological study, rational use and protection of the subsoil is monitored by the State Geological monitoring and oversight of State mining authorities in cooperation with environmental and other regulatory authorities.
The powers of the State Geological monitoring, rights, duties and procedure of their work shall be determined by the provisions, approved by the Government of the Russian Federation.
Article 38. State supervision of safety work connected with subsoil use Task State supervision of safety work connected with the use of mineral resources, is to ensure compliance with all users of the subsoil legislation approved in the prescribed manner the standards (regulations) on safe work, prevent and eliminate their harmful effects on the population, environmental Wednesday, buildings and structures, as well as on the protection of the subsoil.
State supervision of safety work connected with subsoil use, rests with the Government mining supervision. Bodies of State mining supervision conduct their activities in cooperation with the organs of the State Geological monitoring, environmental and other regulatory agencies, trade unions.
The powers of the organs of State mining supervision, rights, duties and procedure of their work shall be determined by the provisions, approved by the Government of the Russian Federation.
Title v. FEE when USING SUBSURFACE Article 39. Payments system while using royalty royalty is paid, except as provided in article 40 of this law.
When using the subsoil and the following types of payments: 1) a fee for participation in the competition (auction) and licences;
2) payments for subsoil use;
3) deductions for reproduction of mineral-raw-material base;
4) excise duties.
In addition, subsoil users taxes, fees and other payments provided for producing legislation, including charges for land or water area and the bottom of the territorial sea, as well as fees for geological information on mineral resources. Subsoil users can get a discount with payments for subsoil depletion in accordance with article 48 of this law.
Charging with the subsoil user other payments not provided for by law, is not allowed.
At the conclusion of agreements on the terms of production between the Russian Federation and the subsoil user provides a section of the extracted mineral. Under the terms of such treaties user bowels may be exempted from payment of taxes and other payments provided for by the tax legislation of the Russian Federation, except for taxes on profits from share owed to the user of the subsoil under the terms of the contract as a reward, and income received from the Russian Federation to fulfil its share of production is distributed among the budgets of different levels. (Lost effect of paragraph 5 of the first paragraph of article 39-the Federal law from 27.12.2009 N 374-FZ) Article 40. Exemption from payment when using the royalty payments are exempt from the following categories of users of the bowels of the Russian Federation: 1) owners, land owners, exercising in the prescribed manner of popular minerals extraction and underground water on them or leased their land directly to their needs;
2) users of bowels, leading regional geological and geophysical work, geological surveying, and other geological work, aimed at the total geological exploration of mineral resources, geological work on forecasting earthquakes and volcanic activity, engineering-geological, paleontological, geoecological research, monitoring of groundwater regime, other works carried out without significant violations of the integrity of the subsoil;
3) subsurface users who obtain the subsoil for geological objects protected education, referred to in paragraph 4 of the first paragraph of article 6 of this law.

In order to stimulate the development of mineral deposits, located in difficult geological conditions or low quality, including hard-to-recover, substandard previously discarded mineral reserves, the use of the overburden and enclosing rocks, wastes of mining and related processing industries, as well as for the introduction of environmentally sound technologies and technologies that increase the core extraction and associated minerals, subsoil users may fully or partially exempt from royalty and get delay from paying these fees. The decision to grant a delay or exemption from payment is accepted bodies providing license for subsoil use.
The organs of representative power of the constituent entities of the Russian Federation may establish additional grounds for excluding certain categories of subsoil users from payments to the budget of the relevant constituent entity of the Russian Federation.
Normative legal acts and decisions of public authorities, creating unilateral advantages to certain categories of users, be void under this Act in accordance with the established procedure.
Article 41. Payments for subsoil use subsoil users are charged fees for search, exploration of mineral deposits, extraction and subsoil use in other purposes.
Size of payments for carrying out prospecting and exploration are defined depending on locational conditions, lot size, type of mineral, duration of work, degree of geological knowledge of the territory and the degree of risk. These charges are levied in the form of one-off and/or regular contributions per item used subsoil plot or area. The dimensions of the regular contributions, usually increase depending on the duration of the works.
Size of payments for mining shall be determined taking into account the type of mineral, the quantity and quality of its stocks, natural and geographical, technical and economic conditions of the exploitation and development of the field, the degree of risk.
Mining fees levied in the forms of the single, as well as the subsequent regular payment after the start of production. Their dimensions are included in the cost of mining and is defined as the proportion of the value of extracted minerals and mining losses that exceed the standards set by the annual mine plans agreed upon with the Government mining supervision. While payments for mining to excessive losses amounts will be charged at a double rate.
Payments for mineral exploration within the boundaries of mining lease granted to the user of the subsoil for mining this mineralisation shall not be charged.
Payments for subsoil use for purposes not related to mining, including for the construction and operation of underground facilities shall be collected in the form of one-time contributions and (or) recurring payments. The size of these payments is determined depending on the size of the plot of the subsoil, use useful properties of the subsoil and environmental risk when using them.
The procedure and conditions for levying payments for subsoil use, criteria for determining the rates shall be established by the Government of the Russian Federation. The final size of these payments is established when the granting of license for subsoil use.
Article 42. The distribution of royalty payments for subsoil use comes to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets.
In local budgets come: payments for research and exploration of all minerals and payments for extraction of popular minerals in the territories of their respective regions and cities;
payments for subsoil use for purposes not related to the extraction of mineral resources;
part of the sum of payments for mineral extraction, in addition to the common.
In the budgets of the constituent entities of the Russian Federation and the federal budget comes part payments for mineral extraction, except for those that receive fees only in local budgets.
Payments for extraction of hydrocarbon raw materials are distributed in the following order: local budget-30%;
the budget of the Russian Federation-30%;
Federal budget-40%.
Payments for other mineral extraction are distributed in the following order: local budget-50%;
the budget of the Russian Federation-25%;
Federal budget-25%.
Allocation of the payments for the extraction of minerals from unique fields and groups of fields of Federal significance between the budgets of different levels can be set in different proportions. The proportions are established by agreement of all parties concerned. In the case of a decision on this matter takes the Federal Assembly of the Russian Federation.
Payments for subsoil use of the territorial sea are distributed in the following order:

the budget of the Russian Federation-60%;
Federal budget-40%.
Payments for subsoil use the continental shelf of the Russian Federation come into the federal budget.
Distribution of groundwater extraction fees shall be in accordance with the legislation of the Russian Federation.
When mining on the territory of the autonomous region, which is part of the edge or area extraction fees come in the budget or by half the amount of the payments to the federal budget.
When using the subsurface in areas inhabited by minority peoples and ethnic groups part payments to the budgets of the constituent entities of the Russian Federation, is used for socio-economic development of those peoples and groups.
Article 43. Forms of payment for subsoil use royalty fee may be charged in the form of cash payments;
part of the volume of extracted mineral or other products made by the user of the subsoil;
the execution of works or the provision of services;
set-off of amounts of future payments to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets as an equity contribution into the statutory fund created a mining enterprise.
Form of payment is set in the license for subsoil use.
Requirement and are not allowed admission as payment for subsoil use of radioactive and other materials and products available to whom, in accordance with the legislation of the Russian Federation under the sole authority of the Russian Federation, as well as the services of a military nature and information constituting a State secret.
Requirement to provide information not allowed, trade secret subsoil user in payment for subsoil use.
Article 43-1. Payment for subsoil geological information obtained from public funds for the use of geological information on subsurface received by public funds, fees may apply.
Fees for specified geological information and the procedure for its collection shall be determined by the regulation approved by the Government of the Russian Federation.
Get information about the site subsoil except otherwise set this provision does not exempt the user from the bowels of geological information.
The provisions of this article shall not apply to geological information about the depths obtained from non-public funds.
Article 44. Deductions for reproduction of mineral-raw-material base of subsoil Users, engaged in the extraction of all kinds of minerals, at the expense of public funds contribute to the reproduction of mineral-raw-material base.
Rates of these deductions are set in size, providing the necessary costs of reproduction of mineral-raw-material base of the Russian Federation, and are uniform for all subsoil users producing this type of mineral raw materials.
The dimensions of the reproduction of mineral-raw-material base shall be established by the Federal Assembly of the Russian Federation on the proposal of the Government of the Russian Federation.
The dimensions of the reproduction of mineral-raw-material base is defined as the fraction of the cost of installed actually extracted minerals.
Part of the monies for the reproduction of mineral-raw-material base comes to the federal budget and used to target funding provided by federal geological survey programs.
Part, including all royalties produced during extraction of popular minerals and underground water used for local needs, on the nomination of the Federal Government Fund management body and the executive authorities of the constituent entities of the Russian Federation shall be sent to the budgets of the constituent entities of the Russian Federation for financing works on reproduction of mineral-raw-material base in accordance with territorial geological survey programs. Part of them on presentation of the territorial units of the Federal State Fund management body of the subsoil can be transferred to producers, independently conducting work on geological studying subsoil.
How to use royalties for the reproduction of mineral-raw-material base, moving into the budgets of the constituent entities of the Russian Federation is regulated by the laws of the constituent entities of the Russian Federation.
Payments for the reproduction of the mineral resources are not produced during extraction numbers, substandard, previously written off of mineral reserves, as well as when using the overburden and enclosing rocks, wastes of mining and related processing industries. The decision to release users from the bowels of deductions taken bodies providing license for subsoil use.

Subsoil users have made at their own expense they developed exploration fields or completely vozmestivshie all State expenditures for the exploration of mineral reserves exempt from royalties for the reproduction of the mineral resources in the development of these deposits in accordance with the procedure set out by the Government of the Russian Federation.
Part of the monies for the reproduction of the mineral resources in the amount of 0.5 per cent of the -1.5 goes to the payment of rewards for the discovery and exploration of mineral deposits.
Deductions for reproduction of mineral-raw-material base, accumulated in the budgets of different levels and passed to producers, are used only for the intended purpose; their use is determined by the Government of the Russian Federation and the bodies of the Executive power of the constituent entities of the Russian Federation.
Article 45. The fee for participation in the competition (auction) and issuance of license fee for participation in the competition (auction) is payable by all parties and is a condition of registration of the application. The amount of the fee is determined based on the value of direct costs for preparation, conduct and results of the competition (auction), preparation, execution and registration of the issued license for subsoil use.
The fee for participation in the competition (auction) and the issuance of licences shall be forwarded to the authorities issuing license for subsoil use.
Article 46. Excise duties excise duties on certain types of minerals mined from deposits with relatively the best mining and geological and economic and geographic characteristics, may be imposed by the Government of the Russian Federation in accordance with the law of the Russian Federation "on excise taxes.
Article 47. Fees and the fees of the seabed area and areas of the seabed subsoil users collected from the bottom of the territorial sea, carrying out searches, exploration, mining and using of natural resources for other purposes. Size of payments depend on the GLA and its power configuration of the water column, the goal of subsoil use. The procedure and conditions for levying payments shall be established by the Government of the Russian Federation.
Article 48. Discount for subsoil depletion depletion of sub-soil discount payments for subsoil use may be granted: subsoil user who prey scarce mineral during the low economic efficiency of field development, objectively tied and not related to the violation of the conditions of rational use of proved reserves;
the subsoil user, exercising the mineral extraction of remaining reserves of low quality, except the deterioration in the quality of the mineral reserves as a result of selective refining field.
Decision on establishing discounts for subsoil depletion and its size was adopted by bodies providing license for subsoil use.
Section VI. LIABILITY for VIOLATION of THIS LAW, Article 49. Liability for violation of this law, transactions related to subsoil use, concluded with the violation of this Act shall be null and void.
Those responsible for these transactions, as well as in: licensing for subsoil use on grounds not covered by the present law;
violation of the statutory order of subsoil use;
fraudulent use of mineral resources;
selective (nonproject) simulate the deposits, resulting in unjustified losses of mineral reserves and other violations of the rational use of mineral resources, resulting in the damage of the deposit;
violating this law approved in the prescribed manner violations of standards (regulations) for the safe conduct of work connected with the use of mineral resources, the protection of the subsoil and environment Wednesday, including violations, leading to contamination of the subsoil and lead mineral deposit in a State not suitable for exploitation;
violation of the right of ownership to geological and other information on subsurface or its confidentiality;
unauthorized building areas of occurrence of mineral resources;
failure to ensure safety of buildings, structures, as well as specially protected territories and objects of nature Wednesday when using mineral resources;
destruction or damage to Wells traveled to monitor the groundwater regime, as well as surveying and geodetic marks;
systematic violation of order payment when using mineral resources;
requirements to bring the closing or konserviruemyh mines and drilling wells in the State, providing security for the population, as well as the requirements for security of deposits of minerals, mining and drilling of wells during their preservation;
him land and other natural objects, broken when using mineral resources in a State suitable for further use;

bear criminal liability in accordance with the legislation of the Russian Federation, as well as administrative liability in accordance with the legislation of the Russian Federation and laws of constituent entities of the Russian Federation.
Legislation may be responsible for other violations of this law.
Article 50. Dispute settlement Disputes on subsoil use allowed by the public authorities, a court or arbitral tribunal, in accordance with their authority and in the manner prescribed by the legislation.
Reviewed in court or arbitration shall be: 1) financial, property and other disputes relating to the use of mineral resources;
2) appeals against decisions of State authorities, contrary to the present law, including the refusal to grant a license on subsoil use or on early termination of subsoil use rights;
3) appeal against the actions and decisions of officials and bodies contrary to this Act;
4) appeal contradicting standards (regulations) on technologies of works connected with use of mineral resources, mining and environmental protection Wednesday.
Article 51. Reparation of damage, damage caused by the user of the subsoil as a result of activity of enterprises, institutions, organizations, public authorities, officials and citizens guilty of infringements of the natural properties of the subsoil or the creation of conditions that are partially or totally exclude the possibility of further subsoil use shall be compensated at the expense of own funds of enterprises, institutions, organizations, citizens, media budgets.
Damage caused to the State as a result of user activity, guilty of selective refining sites rich deposits of minerals, as well as other actions that led to the corruption of the deposit or the creation of conditions that are partially or totally exclude the possibility of further subsoil use shall be compensated at the expense of own funds of the subsoil user.
Non-refundable also harm caused to the State if the plot is not given for use of the subsoil.
Extent of the damage is determined by the Federal Agency of management of State Fund.
Reparation for the injury caused by the State, is produced through the contributions of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets.
Monetary form of reparation by agreement of the parties concerned may be substituted for the work on restoration of disturbed natural properties of the subsoil.
Unauthorised royalty and unauthorized construction of mineral areas cease without reimbursement of costs incurred during unlawful subsoil use.
Section VII. TREATIES Article 52. International treaties if an international treaty of the Russian Federation stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply. ".
T s t b I 2. On the timing and modalities of this federal law's coming into force 1. Enter this federal law into effect from the day of its official publication.
2. The Government of the Russian Federation to take the necessary for the implementation of this federal law normative legal acts.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 27 March 3, 1995-FZ