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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"

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FEDERAL LAW On Amendments and Additions in the Subsoil Law of the Russian Federation Adopted by the State Duma on February 8, 1995 class="ed">(In the version of federal laws dated 27.12.2009) N 374-FZ; dated 23.06.2014 N 171-FZ C t i am 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1992, 834; N 29, est. 1690; 1993, N 2, sect. 74), in the following wording: "The Russian Federation of the Russian Federation" "Subsoil" Nedra is a part of the earth's crust below the ground surface and, in its absence, below the earth's surface and the bottom of the water bodies, and watercourses extending to the depths available for geological study and development. This Law regulates the relations arising from the geological study, the use and protection of the subsoil of the Russian Federation, its continental shelf and the use of mining wastes and wastes. associated processing plants, peat, sapps and other specific mineral resources, including groundwater, salt and rappings of salt lakes and lassays of the seas. This Law contains the legal and economic bases for comprehensive rational use and protection of subsoil, 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 The legislation of the Russian Federation on subsoil is based on the Constitution of the Russian Federation and consists of this Law and the other federal laws enacted in accordance with it. OF THE PRESIDENT OF THE RUSSIAN FEDERATION This Law applies throughout the territory of the Russian Federation and also regulates the relations of subsoil use on the continental shelf of the Russian Federation in accordance with federal legislation on the continental shelf and International Law. The laws and other normative legal acts of the constituent entities of the Russian Federation may not contradict this Law. In case of contradiction between the laws and other normative legal acts of the constituent entities of the Russian Federation, the provisions of the federal laws governing subsoil use are governed by this Law and other federal laws. Relations relating to the use and protection of lands, waters, flora and fauna, atmospheric air arising from the use of the mineral resources are regulated by the relevant legislation of the Russian Federation and the legislation THE RUSSIAN FEDERATION Specific relationships relating to geological studies and the extraction of certain mineral commodities, as well as the disposal of radioactive waste and toxic substances, may be regulated by other federal laws with compliance The principles and provisions set out in this Act. " The relations of subsoil use with foreign legal and natural persons are regulated by this Law, other federal laws and other normative legal acts of the Russian Federation. Article 1-1. Legal regulation of relations subsoil use Separation of duties and powers between the State authorities of the Russian Federation and the State authorities of the constituent entities of the Russian Federation The State shall regulate the relations of subsoil use by the Constitution of the Russian Federation, as well as by the federal and other treaties on the delimitation of terms of reference and powers. The provisions of this Act concerning the demarcation of objects of competence and powers between the State authorities of the Russian Federation and the State authorities of the constituent entities of the Russian Federation operate in the territories Before the conclusion of a treaty on the delimitation of terms of reference and powers in the field of management of subsoil use between the Russian Federation and the constituent entities of the Russian Federation. Subjects of the Russian Federation shall adopt their laws and other regulatory legal acts in order to regulate the relations of subsoil use within their powers. The local authorities are entitled to regulate the relations of subsoil use within the powers granted to them by the legislation in force. Article 1-2. The ownership of the subsoil Nedra within the borders of the Russian Federation, including underground space and subsoil resources, energy and other resources are State property. The Russian Federation and the constituent entities of the Russian Federation share the issues of ownership, use and management of the subsoil. Subsoil areas cannot be the subject of purchase, sale, donation, inheritance, deposit, bond or other form. The rights of subsoil use may alienate or move from one person to another to the extent that their turnover is permitted by federal law. The subsoil mineral and other resources under the terms of the license may be located in federal state property, property of the constituent entities of the Russian Federation, municipal, private and other forms of ownership. Article 2. State Subsoil Fund State Subsoil Fund is used to represent the underground subsoil blocks and unused parts of the subsoil within the territory of the Russian Federation and its subsoil subsoil. of the continental shelf. Ownership, use and disposal of the State mineral resources fund within the territory of the Russian Federation for the benefit of the peoples living in the respective territories and all the peoples of the Russian Federation shall be implemented jointly. The Russian Federation and the constituent entities of the Russian Federation. The federal executive authorities and the executive authorities of the constituent entities of the Russian Federation, within the limits of their powers, approve State programmes for geological exploration of mineral resources, reproduction of minerals and raw materials, and The rational use of mineral resources, on the submission of the federal government of the State Subsoil Fund and under the control of bodies of representative power, shall decide the issues of subsoil use, protection of mineral resources and protection of the natural environment. Article 2-1. Subsoil areas of the federal importance To ensure Russia's state needs of strategic and scarce resources that have an impact on the national security of the Russian Federation The Federation provides the basis of its sovereignty, as well as for the fulfilment of obligations under the international treaties of the Russian Federation, certain subsoil areas, including those containing mineral deposits, may obtain the status of objects of federal significance through joint decisions of the federal authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION Some of the federal deposits, including those prepared for mining, are included in the Federal Reserve Fund. The allocation of subsoil areas to federal facilities, including the Federal Reserve of Minerals, Terms of Use of Mineral Deposits, and the way in which they are assigned to federal property are established by federal laws. Article 3. The competence of the State authorities of the Russian Federation in the regulation of relations of subsoil use in the sphere of regulation of relations between the State authorities of the Russian Federation subsoil use: 1) the development and improvement of the legislation of the Russian Federation on subsoil; 2) the definition and implementation of the federal policy of subsoil use, the definition of the strategy of use, the rate of reproduction, further expansion and qualitative improvement Mineral-raw material base through the development and implementation of federal programmes; 3) establishing a general procedure for subsoil use and protection, development of appropriate standards (rules, regulations), including classification of stocks and (...) (...) (...) State analysis of information on proven stocks of useful of the mineral resources that define their value or danger; 6) define, together with the constituent entities of the Russian Federation, regional lists of mineral resources relevant to the common, as well as the allocation of subsoil areas Federal, regional and local values; 7) state balance of mineral reserves; State accounting of subsoil areas used for mining and underground construction Construction of non-mining installations; maintenance State cadastre of deposits and mineral deposits; State registration of geological surveys of subsoil; 8) regulation of the subsoil of the continental shelf of the Russian Federation; 9) introduction restrictions on subsoil use at selected sites for national security and environmental protection; 10) with the constituent entities of the Russian Federation, with the exception of under exclusive jurisdiction of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Use of subsoil areas of federal importance, as well as approval of contracts under product section; 12) coordination of research and development related to the use of mineral resources; 13) Protection of the rights of users of the subsoil and the interests of the citizens of the Russian Federation; 14) Resolution of disputes concerning the use of subsoil between subjects of the Russian Federation; 15) conclusion of international agreements of the Russian Federation on geological study, use and protection of subsoil; 16) State control of the geological study, rational use and protection of the subsoil, as well as the establishment of procedures for its conduct. The Federal Subsoil Management Agency and its territorial subdivisions, in coordination with the constituent entities of the Russian Federation, are entrusted with the implementation of the general federal policy of subsoil use in the Russian Federation. The Russian Federation may transfer certain powers to regulate the relations of subsoil use to the constituent entities 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 the regulation of subsoil use in the sphere of competence of the State authorities of the constituent entities of the Russian Federation Control of subsoil use in their territories includes: 1) adoption and improvement of laws and other regulatory legal acts of the subjects of the Russian Federation about subsoil; 2) participation in development and implementation State programmes of geological exploration, development and development of the Russian Federation's mineral resource base; 3) the development and implementation of territorial programs for the development and use of mineral resources; 4) the establishment and maintenance of territorial geological information funds, Information received from the budgets of the respective constituent entities of the Russian Federation and the corresponding local budgets; 5) to participate in the State examination of information on known reserves of mineral resources; and Other subsoil properties that define their value or danger; (6) Compilation of reserves and inventories of deposits and inventories of mineral deposits and subsoil plots used for the construction of non-mining underground structures; 7) To order, jointly with the Russian Federation, a single State subsoil fund in its territories and to allocate, jointly with the Russian Federation, subsoil plots of federal, regional and local significance; 8) the definition of forms and The establishment of royalties for the use of subsoil areas of the regional and local values within the prescribed limits; 9) establishment of subsoil use for the development of deposits of general mineral resources, subsoil areas of local importance, and construction of underground structures of the local values; 10) protection of the interests of small peoples, rights of subsoil users and interests of citizens, resolution of disputes over the use of mineral resources; 11) licensing of activities connected with the use of plots Subsoil of regional and local significance; 12) conclusion The contracts under the terms of the goods section with the subjects of economic activity in the use of subsoil areas of regional and local importance; 13) definition of conditions and procedure for the use of mineral deposits; 14) State control of geological research, protection and rational use of subsoil according to established order; (15) other matters relating to the use and protection of mineral resources, with the exception of of the Russian Federation. Article 5. Competence of local government bodies of the districts, cities in the sphere of regulation of the subsoil management relations The competence of local government bodies of districts, cities in the sphere of regulation of relations subsoil use: 1) to participate in matters relating to the social, economic and environmental interests of the people of the Territory in the subsoil use and allocation of land; 2) Development of a mineral resource base for local industry enterprises; 3) grant in accordance with established procedures for the development of common mineral deposits as well as the construction of underground structures of local importance; 4) suspension In the case of violations of article 18 of this Law; 5) control over the use and protection of subsoil assets in the extraction of general mineral resources, as well as in the case of the exploitation of mineral resources Construction of non-mineral underground structures; 6) the imposition of restrictions on the use of subsoil areas in populated areas, suburban areas, industry, transport and communications in cases where it may endanger the lives and health of the people, and damage Facilities or natural environment. Section II. NOT AVAILABILATION Article 6. The types of subsoil use Nedra are provided for: 1) regional geological study, including regional geological and geophysical works, geological survey, engineering and geological surveys, research, palaeontological and other works aimed at general geological exploration, geological work on earthquake prediction and study of volcanic activity, creation and management of natural monitoring control of the underground water regime, as well as other work, conducted without significant subsoil disruption; (2) geological study, including prospecting and assessment of mineral deposits; 3) exploration and production of mineral resources, including the use of waste mining and related processing industries; 4) construction and operation of non-mining subterraned structures; 5) of specially protected geological features Scientific, cultural, aesthetic, sanitation and other importance (scientific and training grounds, geological reserves, deposits, monuments of nature, caves and other underground cavities); 6) collection of mineralogical, paleontological and other geological collection materials. Nedra can be used for geological exploration (prospecting, exploration) and mining. In this case extraction may be carried out both in the geological study and immediately upon completion. Article 7. Subsoil areas provided Under the mining licence, construction and operation of non-mining subterranos, the formation of specially protected geological formations Subsoil section is provided to the user in the form of a mountain withdrawal-a geometed subsoil block. The boundaries of the mineral deposit are taken into account in the determination of the boundaries of the mining area, the location of the site for the construction and operation of underground structures, the boundaries of the safe conduct of mining and dynamical works, the zone Protection against the harmful effects of mining, rock formation zones, the contours of protected areas under natural objects, buildings and structures, the unraw-side of the quarries and cuts, and other factors affecting the subsoil and land conditions surfaces in connection with the process of geological exploration and use of subsoil. The preliminary boundaries of the mining sector shall be established when the sub-soil licence is granted. Following the development of a technical project, a positive conclusion of the state expertise, approval of the project with the state mining authorities and state bodies of environmental protection The documents defining the updated boundaries of the mining area (with specific incisions, a statement of the coordinates of the angular points) are included in the licence as an integral part. The subsoil user who has received a mining challenge has the exclusive right to exercise the subsoil use within its boundaries in accordance with the license granted. Any activity related to the use of subsoil resources within the boundaries of the pullback may be carried out only with the consent of the user of the subsoil to which it is provided. Subsoil section awarded under a geological study license without significant subsoil disruption (without the discovery of heavy mining activities and drilling of wells for mining or construction) In accordance with the decision of the Federal Government, the State Fund for Mineral Resources, or its territorial subdivision, gives the status of a geological challenge. Several subsoil subsoil users can simultaneously operate within the boundaries of the geological dissipate. Their relationships are defined in the subsoil use. Article 8. Restriction of subsoil use Use of certain subsoil areas may be restricted or prohibited for the purposes of national security and the protection of the natural environment. The use of subsoil resources in settlements, suburban areas, industrial, transport and communications facilities may be partially or totally prohibited in the event that such use can endanger the lives and health of the people, Damage to economic objects or to the natural environment. The use of the subsoil in specially protected areas shall be in accordance with the status of those territories. Article 9. Subsoil users Subsoil users may be subject to business activities regardless of the form of ownership, including legal persons and citizens of other States, provided that the legislation of the Russian Federation and The legislation of the constituent entities of the Russian Federation has the right to engage in an appropriate type of activity in the subsoil use. Rights and responsibilities of the subsoil user arise from the moment of obtaining a license for subsoil use. Only State-owned enterprises can be subsoil users for the extraction of radioactive raw materials and the disposal of radioactive waste and toxic substances. Article 10. The term of the subsoil use Nedra is provided for a fixed term or no time limit. For a certain period of time, subsoil is available for use: for geological study-up to 5 years; for mining and non-mining, for up to 20 years; The types of use specified are up to 25 years. The mining period for the use of mineral resources is determined on the basis of a feasibility study for the rational use and conservation of mineral resources. Without limiting the duration, subsoil areas may be provided for the construction and operation of non-mineral underground facilities, the creation of specially protected sites and for other purposes. The subsoil use period shall be calculated from the date of entitlement. They may be extended at the initiative of the subsoil user for the terms specified in part one of this article, subject to conditions under the licence. Article 10-1. Grounds for obtaining the right to use subsoil The right to use subsoil can be acquired by the user: 1) by a joint decision of the federal government of the State Subsoil Fund or its of the territorial unit and the executive branch of the constituent entity of the Russian Federation on the basis of the results of the competition or auction; 2) on the basis of the decision of the Government of the Russian Federation in consultation with the executive authorities of the Russian Federation for the dumping of radioactive wastes and of toxic substances in deep horizons ensuring their localization; 3) on the basis of the decision of the Government of the Russian Federation on the results of a tender or auction for the use of the continental shelf of the Russian Federation; 4) in the order of re-registration of the existing licenses on the grounds provided for by this Law; 5) in the manner established by the bodies of the representative authorities of the constituent entities of the Russian Federation for the use of subsoil areas, and containing the general mineral deposits or having local significance and subsoil areas used for non-mining purposes; 6) on the basis of a decision of the federal government authority of the subsoil or its subsoil assets OF THE PRESIDENT OF THE RUSSIAN FEDERATION The rights of subsoil use in the territories of the free economic zones of the Russian Federation may be obtained by the users on the grounds and conditions provided for by this Act. Article 11. Licence for subsoil use Subsoil management shall be granted by a special state licence in the form of a licence, including a prescribed form, with the State coat of arms of the Russian Federation, as well as text, graphical and other applications that are an integral part of the license and define the basic conditions for the use of the bowels. The License shall be a document attesting to the right of its owner to use the subsurface area at certain boundaries, in accordance with the stated objective within a specified period of time, subject to its pre-conditions. A contract may be concluded between the authorities of the State and the holder of the licence to establish specific conditions relating to the use of the mineral resources. The license certifies the right to conduct geological exploration, exploitation of mineral deposits, use of mining and related processing wastes, use of mineral resources for purposes not related to mining, the formation of specially protected geological objects, the collection of mineralogical, palaeontological and other geological collections. You can grant licenses for several types of subsoil use. (Article 1 is no more effective in the presentation of part six of article 11-Federal Law of 23 June 2014). N 171-FZ) Article 12. The content of the sub-soil licence The license and its integral parts must contain: 1) the subsoil user obtained by the licence, and the authority which granted the licence, and the basis of the granting license; 2) information on the purpose of subsoil use; 3) indicating the spatial boundaries of the subsurface area provided for use; 4) indicating the boundaries of the land recusal or The waters allocated for the maintenance of work related to the use of the subsoil; 5) the period of validity of the license and the period of commencement of work (preparation of a technical project, release to the design capacity, submission of geological information for the state expertise); 6) conditions related to payments, The prices charged for the use of mineral resources, land, waters; 7) the agreed level of mineral extraction, the right to ownership of the extracted mineral raw materials, as well as the agreement on its distribution; 8) agreement on the right of ownership of geological information obtained from process of subsoil use; 9) the conditions for the enforcement of the laws, standards (norms, regulations) of the requirements for the protection of mineral resources and the natural environment, safe keeping of work; 10) procedures and deadlines Preparing projects for the elimination or conservation of mining and reclamation of land. The license for subsoil uses the listed conditions and the form of contractual arrangements for subsoil use, including the contract under the terms of the product, the contract for the provision of services (with risk and without risk), and may also be supplemented by other conditions not contrary to this Law. The subsoil conditions provided for in the license shall remain valid for a period of time specified in the license or for the duration of its validity. Changes to these conditions are permitted only with the consent of the user of the subsoil and the authority which granted the licence or in the cases established by law. Article 13. The procedure for granting licenses to subsoil use The granting of licenses for the use of subsoil is carried out through tenders and auctions, as well as on other grounds set out in Article 10-1 of the present The law. Determining the order and conditions of the tender or auction for each object or group of objects is carried out by the licensing authorities. The scientific and technical level of programmes on geological exploration and use, the exhaustiveness of mineral extraction, contribution to social and economic development are the main criteria for the competition or auction. (a) Implementation of the Programme of Action for the Information on upcoming tenders, auctions, their results, and the granting of licenses for subsoil use should be published in the media. Article 14. Failure to apply for a bid or an Auction Auction or Auction Auction { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } Claimants, including if the content did not meet the declared terms of the tender or auction; 2), the applicant has intentionally misrepresented himself; 3) the complainant has not provided and is unable to present evidence of what is or will be qualified The necessary financial and technical means for efficient and safe conduct of work; 4) if the applicant is not subject to antitrust requirements if the licence is granted. Article 15. The State licensing system State licensing system is a single procedure for granting licenses, including information, scientific-analytical, economic and legal preparation of materials and their presentation. The purpose of the state licensing system is to ensure: practical implementation of state mining and mineral resources development programs; social, economic, the environmental and other interests of the population living in the territory and of all citizens of the Russian Federation; equal opportunities for all legal persons and citizens in obtaining licences; Antimonopoly policy in the area of subsoil use; necessary guarantees to the owners of licenses (including foreign) and protection of their right to use the subsoil. Article 16. Organizational support for the state licensing system State licensing system is assigned to the federal government of the State Subsoil Fund and its subsoil. territorial units. The Federal Government of the State Subsoil Fund and its territorial subdivisions carry out preparatory work relating to the holding of tenders (auction) and the granting of licences, agree on the terms of the licence with State administration of industry, land, water and forest resources, State environmental protection authorities, State mining authorities, and in the area of payment, public authorities the administration of the economy. All types of approvals are granted in conjunction with a potential subsoil user when granting a license on a non-competitive basis. The licence shall be granted jointly by the executive authority of the constituent entity of the Russian Federation and the federal government of the State subsoil fund or its territorial subdivision, and in the cases stipulated by paragraphs 2, 3 and 6 Articles 10 to 1 of this Act, the Federal Government of the State Subsoil Fund or its territorial subdivision. The registration, registration and licensing of subsoil use are carried out by the federal authority of the State Subsoil Fund or its territorial subdivision. The Federal Assembly of the Russian Federation approves the procedure for licensing the use of the subsoil. Article 17. Antimonopoly requirements in the subsoil use It is prohibited or recognized as unlawful by the authorities of the State as well as any economic entities (subsoil users); Directing to: restriction, contrary to the terms of this competition or auction of access to legal entities and citizens wishing to acquire the right to use subsoil under this Law; The granting of licenses to the winners of the competition or at the auction; { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } Users of the mineral resources in the provision of access to transport and infrastructure facilities. The Federal Government of the State Subsoil Fund, in agreement with the constituent entities of the Russian Federation, has the right to determine the limits of subsoil areas, the number of sites and the limits of the mineral resources provided by Use. Article 17-1. The right to use subsoil and redesign of the existing license Right to use subsoil rights goes to another business entity (legal person) in the following cases: 1) changes in the organizational and legal form of the subsoil user; 2) in the reorganization of the subsoil user's enterprise by joining another enterprise or merging with another enterprise if the user is still subsoil owned by at least one half of the statutory fund created an enterprise; 3) in reorganization of a subsoil user by splitting or separating out from it another enterprise when the newly created enterprise continues to operate under a site licence the old user. In the case of subsoil use right, the license will be redrawn. The content of the licence is not subject to review. License redesign is also required when changing the name of the subsoil user. The license will be reissued by the subsoil user granting the license. The licensing procedure is determined in accordance with the requirements of this Law for the registration and registration of the license for subsoil use when issuing it. Refusal of a license may be appealed by the subsoil user in a court order. The right to use subsoil obtained by the user cannot be transferred to third parties, including in the procedure for the assignment of rights under civil law other than those provided for in federal laws. Article 18. Subsoil exploitation for the development of the common mineral resources Mineral resources for the development of general mineral deposits, and the use of subsoil resources legal persons and citizens within the boundaries of land plots granted to them for the extraction of common mineral resources, as well as for purposes other than mining, shall be established by laws and other regulatory legal instruments. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Nedra for the production of construction materials may not be made available for the production of construction materials, provided that the mining and other alternatives are available sources of raw materials. Article 19. Extraction of common mineral resources owners, owners of land Owners, owners of the land have the right, at their own discretion, to carry out without the use of explosive Production of common mineral resources not counted on the state balance and construction of underground facilities for their needs at a depth of up to five metres, as well as the construction and operation of home wells and boreholes for the first time A non-centralized water source aquifer, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 20. Grounds for termination of the right to use subsoil Right to use subsoil end: 1) upon the expiration of its license term; 2) when the licence holder fails Subsoil use; 3) when a certain condition occurs (if it is registered in a licence), with which the right to use subsoil is terminated; 4) in the case of the redesign of the licence in violation of the conditions, Paragraph 2 of article 17, paragraph 2, of this Law. The right to use the subsoil may be terminated early, suspended or restricted by the grantors in the case of: (1) the occurrence of an immediate threat to the life or health of persons working or In the area of influence of work related to subsoil use; (2) violation by the user of material conditions of the license; 3) systematic violation by the user of bowels of the stipulated rules for the use of the subsoil; 4) emergencies (natural disasters, Military actions and others); 5) if the subsoil user has not started to use the subsoil within the limits prescribed in the licence; 6) the liquidation of an enterprise or other entity The activities under which the subsoil was provided; 7) at the initiative of the licensee. If the subsoil user does not agree with the decision to terminate, suspend or restrict the right to use the subsoil, he or she may appeal against it to the administrative or judicial authorities. Article 21. Procedures for the early termination of the right In the case provided for in article 20, paragraph 2, of this Law, the waiver of the right to use the subsoil should be declared by the holder of the licence in writing notifying the authorities which have granted the licence not later than six months before the date of receipt. The owner of the subsoil license must fulfill all the obligations defined in the license for the case of early renunciation of rights, until the stipulated period of termination of the right to use the subsoil. If the licensor is not in compliance with the licence, the authorities granting the licence are entitled to collect the amount of the damage from their non-fulfilment by the courts. In the cases referred to in paragraphs 1 and 4 of Part Two of Article 20 of this Law, the use of the subsoil shall cease immediately after the competent authority has decided to do so with written notification of the subsoil user. In the cases referred to in paragraphs 2, 3 and 5 of Part Two of Article 20 of this Law, the decision to terminate the right to use the subsoil may be made upon the expiry of three months from the date of receipt by the user of written notice. If the user has not corrected these violations within the specified period of time. On early termination of the right to use subsoil, the liquidation or conservation of the enterprise shall be carried out in the manner provided for in article 26 of this Law. The cost of conservation and liquidation of the enterprise is borne by the user if the subsoil is terminated for the reasons set out in paragraphs 1 (if any), 2 and 3 of part two of article 20 of this Law, or on the initiative Subsoil user. The costs of preservation and liquidation of the subsoil enterprise are borne by the State if the subsoil use is terminated for the reasons specified in paragraph 1 (if there is no fault of the undertaking) and paragraph 4 of part two of article 20 of the present report. The law. If the circumstances or conditions that caused the suspension or limitation of the right to use the subsoil are removed, this right may be restored in full. The time at which it was suspended is not included in the total duration of the licence. Article 22. Basic rights and obligations of the subsoil user Subsoil user has the right: 1) to use the subsoil subsoil for any form of business or activity corresponding to the purpose designated in licences; 2) independently choose the forms of these activities that are not contrary to current legislation; 3) to use the results of their activities, including extracted mineral raw materials, according to the license and legislation; 4) use waste their mining and related processing facilities, unless otherwise specified in the licence; 5) limit the development of mining areas within the boundaries of the mining challenge provided to it; 6) conduct without additional permits the geological exploration of the subsoil using its own means within the limits of the mining withdrawal granted to it under the licence; 7) to apply to the authority which granted the licence for the review Conditions of license when circumstances arise, significant different from those under which the licence was granted. Subsoil user is obliged to ensure: 1) compliance with the requirements of the legislation as well as the established standards (norms, rules) for the maintenance of subsoil management technologies, and primary processing of mineral commodities; 2) compliance with the requirements of technical projects, plans and schemes for mining development, avoiding excess loss, discontent and selective mining; 3) geological, marquee and other documentation in the process of subsoil use and conservation; 4) to provide geological information to the federal and relevant territorial geologic information funds; 5) to provide reliable data on intelligence, recoverable and remaining reserves of mineral resources contained therein, the use of mineral resources for non-mining purposes to the federal and relevant territorial geologic information funds, State statistics; 6) safe keeping the subsoil thereof; 7) compliance with established standards (rules, regulations) governing the conditions for the protection of subsoil, air, land, forests, water, as well as buildings and installations from harmful effects in the subsoil use; (8) the alignment of the land and other natural sites that have been violated in the use of subsoil to the condition suitable for their continued use; 9) the safety of the exploration mine drilling rigs that can be used for development of deposits and (or) for other economic purposes; elimination of mining and drilling rigs not subject to use; 10) compliance with license terms, in a timely and appropriate manner Payments for subsoil use. For subsoil users or for subsoil use, other legal entities and individuals are required to have special qualifications and experience, certified by a public licence (certificate, diploma) for carrying out an appropriate activity: geological survey, prospecting, exploration, various ways of mining, construction and operation of underground facilities, other types of subsoil use. Section III. RATIONAL USE AND STORAGE OF INWEEK. Article 23. Basic requirements for the rational use and protection of subsoil Basic requirements for rational use and protection of subsoil are: 1) compliance with the legal order of provisioning Subsoil use and prevention of unauthorized use of mineral resources; (2) ensuring the completeness of geological study, rational complex use and the protection of subsoil; 3) conducting a leading geological exploration of the subsoil, providing a reliable assessment of the stocks of or the properties of subsoil assets provided for purposes other than mining; (4) State expertise and public accounting of mineral resources, as well as subsoil areas, used for non-mining purposes; 5) to ensure the most complete extraction from the reserves of the main and shared minerals and associated components; 6) reliable accounting recoverable and remaining in the subsoil of the main and jointly recoverable reserves of mineral deposits and associated components in the development of mineral deposits; 7) protection of mineral deposits from flooding, water flooding, fires and other factors that reduce the quality of minerals and the industrial value of the deposits or complicating them; 8) to prevent subsoil contamination in the conduct of subsoil use, especially in the underground storage of oil, gas or other substances and materials, burial of hazardous substances and waste of production, discharge of waste water; 9) Compliance with the established procedures for conservation and liquidation of non-mining and non-mining facilities; 10) prevention of unauthorized builtin areas the use of these areas for other purposes; 11) to prevent the accumulation of industrial and domestic waste in the catchment areas and in the groundwater used by for drinking or industrial water supply. In the event of a violation of the requirements of this article, the right to use subsoil may be restricted, suspended or terminated by specially authorized state bodies in accordance with the law. Article 23-1. Geological and Geological Assessment of Mineral Deposits Mineral Resources When the mineral reserves are placed on the state balance, a geological-economic assessment of the deposits is carried out on the basis of criteria and requirements established by the federal government body of the State Subsoil Fund. Article 23-2. The procedure for the development of mineral deposits and subsoil uses for purposes other than the mining of mineral deposits Development of mineral deposits and subsoil use for purposes not related to the extraction of mineral resources are carried out in accordance with approved technical projects. Article 23-3. Primary mineral processing subsoil users Subsoil users who perform primary processing of mineral resources obtained by them are obliged to ensure: 1) strict compliance Mineral processing technology schemes that ensure the rational, integrated extraction of the useful components contained therein; and the monitoring and control of the distribution of useful components at various stages of processing and the degree to which they are extracted of minerals; 2) further study technological properties and composition of mineral raw materials, conducting pilot technological tests with the aim of improving mineral processing technologies; 3) the most complete use of products and wastes of processing (sludge, dust, waste water, etc.); warehousing, accounting and conservation of non-used products and wastes of production containing useful components. Article 24. Basic requirements for safe management of subsoil use Construction and operation of mining facilities, underground structures of various purposes, geological survey Subsoil mining is only allowed if the safety of the life and health of employees of these enterprises and the population in the zone of influence of work related to the subsoil use is being provided. State authorities, subsoil users are obliged to ensure the implementation of standards (norms, rules) for the safe conduct of work related to the use of mineral resources. State mining authorities shall, within the limits of their competence, provide State regulations for the safety of the operation of subsoil use, as well as perform control functions. Direct responsibility for ensuring safe working conditions for subsoil use rests with the heads of enterprises, regardless of whether they conduct the business in accordance with the license granted to them or are used to perform work on the contract. The basic requirements for the safe conduct of work related to subsoil use are: (1) access to the work of persons with special training and qualifications, and to the management of mining activities; with special education; (2) providing persons engaged in mining and drilling operations with special clothing, individual and collective protective equipment; 3) the use of machinery, equipment and materials; the requirements of the safety and health regulations; 4) proper use of explosives and explosives, proper accounting, storage and consumption; 5) carrying out a set of geological, marquis and other observations sufficient to ensure normal a technological cycle of work and forecasting of dangerous situations, timely detection and application of hazardous areas; 6) systematic monitoring of the state of the rubric atmosphere, oxygen content, harmful and and dust; 7) If the temperature of the air, as well as the maintenance in the ore atmosphere of the current mountain range of oxygen, harmful, explosive gases and dust, does not meet the requirements of safety standards and regulations, sanitary norms and regulations; 8) Special events to predict and prevent sudden releases of gases, water breakthroughs, minerals and rocks and mining impacts; 9) manage the deformatory processes of the mountain range providing safe location of people in mining; 10) development and Undertaking measures to ensure the protection of employees of the enterprises involved in the use of the mineral resources and the population in the zone of influence of these works due to the harmful effects of these activities in their normal operation and in the event of an emergency situations. All work related to the increased risk of subsoil use shall be carried out on the basis of licenses for the activity concerned. Subsoil users, leading underground mining operations, should be served by professional mining services, and drilling rigs for oil and gas exploration and development by professional services Prevent and eliminate open oil and gas fountains on the basis of contracts concluded by subsoil users with such services. Leaders of enterprises involved in subsoil use, other authorized officials, must immediately suspend the life and health of employees of these enterprises work and ensure that people are transported to a safe place. When a direct threat to the life and health of the population is raised in the zone of influence of work related to the use of subsoil, the heads of the enterprises concerned are obliged to inform the relevant authorities without delay State and local authorities. Article 25. The conditions for the development of the [ [ salon]] of the mineral resources Design and construction of settlements, industrial complexes and other economic facilities are permitted only after receiving a federal conclusion The government of the State Subsoil Fund or its territorial subdivision on the absence of mineral resources in the subsoil under the plot of the upcoming construction. The extension of the mineral deposits, as well as the placement of underground facilities in places where they are located, is permitted with the approval of the Federal Public Fund Office or its territorial subdivisions; and The state mining authorities are only able to extract mineral resources or prove the economic viability of the development. Abandonment of mineral resources is terminated without reimbursement of the costs incurred and the costs of reclamation and dismantling of the constructed facilities. Article 25-1. The conditions of land use of the mineral resources of the mineral resources Lands necessary for the conduct of geological exploration and subsoil use may be temporarily or permanently alienated for The State needs compensation for the owners of these land plots of their value in accordance with the land legislation. The decision on the alienation of such land is taken by the federal executive authorities or the executive authorities of the constituent entities of the Russian Federation, in accordance with the division of their powers. Article 26. Liquidation and conservation of mining enterprises minerals and underground structures, not mining companies , mining and underground underground facilities with the extraction of mineral resources, is subject to liquidation or preservation after the expiration of the licence period or on the early termination of the use of mineral resources. Before the completion of the liquidation or conservation process, the subsoil user shall be liable under this Act. In total or partial liquidation or conservation of the plant or underground structure, mining and boreholes must be placed in a state that ensures safety of life and health of the population, protection of the environment natural environment, buildings and structures, and preservation of the deposit, mining and drilling boreholes for all the time of conservation. With the disposal and conservation of the mineral extraction or part of the enterprise, as well as the underground structure not associated with the mining, the geological, Marxiersk and other documentation are replenishing at the time The completion of the work and the due process of storage. Liquidation and conservation of non-mining or underground mining facilities are considered completed after the signing of the Liquidation or Conservation Act by the grantors and the State Mining Authority. Preservation and elimination of mining and other structures related to the use of mineral resources are carried out at the expense of the facilities of the subsoil user. Article 27. Geologic subsoil information Information on the geological composition of mineral resources, on the conditions for their exploitation, and on the other qualities and characteristics of the subsoil contained in geological reports, maps and other materials may be owned by the State or owned by the subsoil user. Geological and other subsoil information obtained by the user of the subsoil from public funds is State property and is submitted by the user of subsoil in the prescribed form to the federal and corresponding The territorial geological information fund, which carries out its storage and systematization. The procedure and conditions for the use of this information shall be determined by the Federal State Subsoil Management Authority in accordance with the legislation of the Russian Federation. The geologic and other subsoil information obtained by the user of the subsoil is the property of the subsoil user and is submitted by the user of the subsoil in the prescribed form to the federal and related subsoil. The territorial collections of geologic information, including commercial terms and conditions of use, including for commercial purposes. The officials of the federal and territorial geological collections are obliged to ensure the confidentiality of the information submitted to them, as well as the material, administrative or criminal responsibility for it Unauthorized disclosure. The right to own the geological and other information about the subsoil is protected in accordance with the procedure established by the law of the Russian Federation for other objects of property. The Artist has the right to use geological and other information about subsoil for scientific and teaching activities, unless otherwise stipulated by the treaty. Article 28. State registration and state registration State registration and inclusion in the state register are subject to geological exploration of subsoil, plots of subsoil provided for mining, and also for purposes not related to mining, and licences for subsoil use. State records and maintenance of the public registry are carried out under a single system in the manner established by the Federal State Subsoil Fund. Article 29. State expertise in the mineral resources of the minerals In order to create conditions for rational complex use of subsoil, the determination of royalties for the subsoil use, the boundaries of the subsurface areas provided for use, The mineral reserves of the discovered deposits are subject to State expertise. Subsoil exploitation for mineral extraction is permitted only after the State expertise of the mineral resources has been carried out. The conclusion of a state examination of the industrial importance of the discovered mineral resources is the basis for their placement on the state register. State expertise can be conducted at any stage of geological study of the deposit, provided that the geological materials submitted for the State expertise allow for an objective assessment of the quantity and The quality of the mineral resources, their economic value, the mining and technical, hydrogeological, ecological and other conditions of their extraction. State expertise is also subject to geological information on subsurface areas suitable for the construction and operation of non-mineral underground facilities. The use of such subsoil blocks is permitted only after the State examination of geological information has been carried out. State examination of mineral resources, geological, economic and environmental information on the use of subsoil subsoil is carried out by specially authorized state bodies of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 30. The State Cadastre and Mineral Deposits State Cadastre and Mineral Resources are being maintained to ensure the development of federal and regional programmes geological exploration of mineral resources, integrated use of mineral deposits, rational allocation of enterprises according to their production, as well as in other economic purposes. The State Cadastre and Mineral Resources Cadastre should include information on each deposit that characterizes the quantity and quality of the main and coalescing minerals contained in They include components, mining and technical, hydrogeological, ecological and other conditions for the development of the deposit, contain a geological-economic assessment of each deposit, and also include information on discovered mineral resources. Article 31. The state balance of the mineral resources of the minerals is the state balance of mineral resources in order to take into account the state of mineral resources. It should contain information on the quantity, quality and degree of sophistication of the reserves of each type of mineral resource on deposits of industrial importance, their location, the degree of industrial development, production, loss and availability Industry of the discovered mineral resources on the basis of the classification of mineral resources, which is approved in the procedure established by the Government of the Russian Federation. The State Balance of the Mineral Resources and their Disposal of Minerals on the State Balance are carried out in accordance with the procedure established by the Federal Authority for the Management of the Subsoil State Fund, in consultation with the authorities State mining. Article 32. State Cadastre and State Mineral Reserves and Minerals Inventory State Cadastre and Mineral Resources The state balance of mineral reserves is compiled and maintained by the Federal Authority of the State Subsoil Fund on the basis of geological information provided by the geological exploration of the mineral resources Federal and territorial foundations of geological information in the in accordance with this Law, as well as on the basis of State records of enterprises engaged in exploration of mineral deposits and their extraction, submitted to the above-mentioned funds in accordance with the procedure established by the Government of the Russian Federation THE RUSSIAN FEDERATION Article 33. Protection of subsoil areas of special scientific or cultural value Rare geological nudity, mineralogical formations, palaeontological objects and other subsoil areas of particular scientific or Cultural values can be declared by geological reserves, sanctuable or monuments of nature or culture. Any activity that violates the preservation of protected areas, sanctuals and monuments is prohibited. In the event of detection of rare geological and mineralogical formations, meteorites, palaeontological, archaeological and other objects of interest to science or culture, subsoil users are obliged to To suspend work at the relevant site and inform the authority which granted the licence. Article 34. Remuneration for discovery of a mineral deposit Persons showing signs of mineral deposits, rare geological exposure, mineralogical, palaeontological or other education, of scientific or cultural value, in the previously unknown subsoil area, have the right to register the specified subsurface area of the federal authority of the State subsoil fund or its territorial subdivision. When confirmation by the federal authority of the State Subsoil Fund or its territorial division of the value of the specified subsurface areas, persons who have registered them are paid an incentive salary. Persons who discovered and (or) discovered an existing industrial value, an unknown previously known deposit, as well as the additional minerals or new minerals in a previously known deposit, which increase its industrial value, have the right to a state monetary reward. The Government of the Russian Federation or the executive authority of the constituent entity of the Russian Federation shall determine the procedure for the payment and amount of the incentive and state monetary rewards. Section IV. State management of the relations NON-USERS Article 35. The tasks of state regulation subsoil use The main task of the state management of subsoil use is to ensure the reproduction of the mineral resources base and its rational use. The use and protection of the mineral resources for the benefit of present and future generations of the peoples of the Russian Federation. State management of subsoil uses is done through management, licensing, accounting and control. The task of state regulation includes: determining the production of basic mineral resources for the current period and for the Russian Federation as a whole and for regions; Mineral resource base and preparation of reserves of subsurface areas used for the construction of underground structures not related to mining; to provide geological study of the territory of the Russian Federation, the continental shelf, Antarctica and the seabed of the ocean; establishing quotas for the supply of extracted mineral raw materials; introduction of royalties related to subsoil use as well as regulated prices of individual mineral commodities; standard-setting (rules, regulations) in in the field of geological study, the use and protection of subsoil, the safe conduct of work related to the use of the subsoil, and the rational use and protection of the subsoil. Article 36. State management of relations subsoil management State management of subsoil use relations is carried out by the President of the Russian Federation, the Government of the Russian Federation, the executive bodies of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federal Government Subsoil Management Body shall establish its own territorial units in agreement with the constituent entities of the Russian Federation. The Federal Government of the State Subsoil Fund and its territorial subdivisions cannot perform the functions of management of enterprises engaged in exploration and development of useful deposits. The construction and operation of non-mineral underground structures and commercial activities. Article 36-1. The State Geological Study of the Subsoil In the Russian Federation, the geological mapping of the territory of the Russian Federation and its continental shelf is under way in the Russian Federation. shelf, prospecting and assessment of mineral deposits in accordance with state programmes, observation of subsoil conditions and forecasting of processes in them, collection and storage of information about mineral resources, state of mineral resources base and other work related to the geological survey of subsoil. The organization of the State Geological Study is entrusted to the federal government of the State Subsoil Fund. Article 37. State control of the rational use and protection of subsoil The task of State control of geological study, rational use and protection of subsoil is to ensure compliance with all Users of the subsoil of the established procedure for the use of the mineral resources, the legislation adopted in accordance with the established procedure of standards (rules, regulations) in the field of geological study, the use and protection of mineral resources, rules of conduct of public accounting and Reporting. State control of geological study, rational use and protection of mineral resources is carried out by state geological control bodies and state mining bodies in cooperation with Environmental and other monitoring bodies. The Government of the Russian Federation determines the powers of the State geological monitoring bodies, the rights, the duties and the procedure for their work. Article 38. State supervision of the safe management of subsoil use The task of the State supervision of the safe conduct of work related to the use of mineral resources is to ensure compliance with all Users of the subsoil of legislation, approved in accordance with the established procedure of standards (rules, regulations) for the safe conduct of work, prevention and elimination of their harmful effects on the population, environment, buildings and structures, as well as on Subsoil protection. State supervision of the safe conduct of work related to the use of subsoil is entrusted to the state mining authorities. State mining authorities carry out their activities in cooperation with State geological monitoring bodies, environmental and other control bodies, and trade unions. The powers of the State mining authorities, the rights, duties and the procedure for their work are determined by the provisions approved by the Government of the Russian Federation. Partition V. PAYMENT PLAN Article 39. Payment system for subsoil use The use of mineral resources shall be paid, except as provided for in article 40 of this Law. In subsoil use, the following types of payments are made: 1) fee for participation in the tender (auction) and license; 2) royalties; 3) royalties (...) (...) In addition, subsoil users pay taxes, fees and other payments as provided by law, including land or water charges and territorial sea area, as well as fees for geologic information Subsoil. Subsoil users can receive a discount on subsoil depletion in accordance with article 48 of this Law. Exploit from the subsurface user of other payments not provided for by law is not permitted. When concluding contracts on the terms of a section of products between the Russian Federation and the user of mineral resources, a section of the extracted mineral raw materials is envisaged. Under the terms of such contracts, the subsoil user may be exempted from payment of taxes and other payments under the tax legislation of the Russian Federation, except taxes on profit from the share of the goods due to the user According to the terms of the contract, the income received by the Russian Federation from the sale of its share of production is distributed among the budgets of different levels. (Uspent part of paragraph 5 of Part 1 of Article 39-Federal Law of 27.12.2009) N 374-FZ) Article 40. Exemption from payments for subsoil use Free from payment of the following categories of subsoil users of the Russian Federation: 1) owners, owners of land, carrying out in the prescribed manner Mining of common mineral and groundwater resources on their own or leased land directly for their own needs; 2) subsoil user, leading regional geological and geophysical works, geological surveys, other geological works aimed at geological exploration of mineral resources, geological work on prediction of earthquakes and research of volcanic activity, engineering-geological surveys, palaeontological, geoenvironmental studies, control of the regime of underground water, other (h) Subsoil users who have received subsoil resources for the education of specially protected geological objects referred to in article 6, paragraph 4, paragraph 4, of this Law. In order to stimulate the development of mineral deposits located in difficult geological conditions or reduced quality, including those containing hard-to-get, substandard, previously decommissioned Fossil fuels, the use of open and containing rocks, waste mining and associated processing plants, and the introduction of environmentally sound technologies and technologies that enhance the extraction of basic and associated benefits components, subsoil users can be partially or completely released from payments for subsoil use and to receive deferations from payment of these payments. The granting of delays or exemption from payment shall be made by the authorities granting the sub-bowels of the licence. The bodies of representative authorities of the constituent entities of the Russian Federation may establish additional grounds for the release of certain categories of subsoil users from payments to the relevant subject of the Russian Federation. THE RUSSIAN FEDERATION The legal acts and decisions of the public authorities, which create unilateral advantages for certain categories of subsoil user categories, shall be declared null and void under this Act in due course. Article 41. Payments for subsoil use From subsoil users are charged fees for prospecting, exploration of mineral deposits, their extraction and use of subsoil for other purposes. The size of the payments for prospecting and exploration depends on the economic-geographic conditions, the size of the subsurface area, the type of mineral resources, the duration of the works, the degree of geological knowledge territory and degree of risk. These payments are made in the form of one-off and (or) regular contributions per unit of subsoil or area used. Regular contributions generally increase depending on the duration of the work. The size of payments for the extraction of mineral resources is determined by reference to the type of mineral resources, the quantity and quality of its reserves, the natural geographic, mining, technical and economic conditions for the development and development of the deposit, Risk degree. Payments for the production of mineral resources are charged in the form of a one-time payment, as well as subsequent regular payments after the start of production. Their size is included in the cost of mining and is defined as a proportion of the value of mined minerals and mining losses that exceed those established by the annual mining plans agreed to by the bodies State mining. At the same time, the payment for the extraction of mineral resources from the volume of excess losses is charged at a double rate. The payment for mineral exploration at the borders of mining extraction granted to the user of mineral resources for the extraction of this mineral is not charged. Payments for subsoil use for purposes other than mining, including for the construction and operation of underground facilities, are levied in the form of one-time contributions and (or) regular payments. The size of these payments depends on the size of the subsurface area provided for use, the useful properties of the subsoil and the degree of environmental danger when they are used. The Government of the Russian Federation shall determine the procedure and conditions for the collection of royalties for the use of the mineral resources. The final amounts of these payments shall be determined in the granting of the sub-soil licence. Article 42. The distribution of payments for the use of the subsoil of the subsoil is submitted to the federal budget, the budgets of the constituent entities of the Russian Federation and the corresponding local budgets. Local budgets: deposits for prospecting and exploration for all mineral deposits and payments for the extraction of common mineral resources in the respective areas and cities; Payments for subsoil use for non-mining purposes; part of the amount of payments for mining other than those commonly used. The budgets of the constituent entities of the Russian Federation and the federal budget receive part of the amount of payments for mineral extraction, except for those for which only local budgets are paid. Payments for hydrocarbon production are distributed in the following order: local budget-30%; Russian federal budget-30%; federal budget-40%. Payments for the extraction of other minerals are distributed in the following order: local budget-50%; the budget of the subject of the Russian Federation-25%; federal budget-25%. The distribution of payments for the extraction of mineral resources from unique deposits and groups of deposits of federal importance between budgets of different levels may be established in other proportions. The ration is established by agreement of all the parties concerned. In controversial cases, the Federal Assembly of the Russian Federation accepts the decision on this matter. Payments for subsoil use of the territorial sea are distributed in the following order: the budget of the constituent entity of the Russian Federation-60%; federal budget-40%. Payments for the use of the subsoil of the continental shelf of the Russian Federation are submitted to the federal budget. The distribution of payments for the extraction of groundwater is established in accordance with the Russian Federation's water legislation. On the territory of the autonomous district, which is part of the province or region, the payments for the extraction of minerals are transferred to the province or region by half of the amount of payments to the federal budget. budget. In the case of subsoil use in areas inhabited by small peoples and ethnic groups, some of the payments to the budgets of the constituent entities of the Russian Federation are used for the socio-economic development of these peoples and groups. Article 43. The forms of payment for subsoil use The royalties can be charged in the form of: cash payments; part of the volume of extracted mineral or other material produced by the user of the subsoil; performing work or providing services; offset of sums to be paid to the federal budget, to the budgets of the constituent entities of the Russian Federation, to local budgets as a contribution to the authorized fund of the created hunchback enterprises. The payment form is set up in the royalties license. It is not permitted to require and accept as payment for the use of the subsoil of radioactive and other materials and products, the disposal of which under the laws of the Russian Federation is included in the exclusive jurisdiction of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION It is not permitted to provide the information that constitutes the commercial secret of the subsoil user to the payment account for the use of the subsoil. Article 43-1. Fees for geological mineral information received from public funds For the use of geological information obtained from public funds, a fee may be charged. The amount of the fee for the said geological information and the procedure for its collection shall be determined by the position approved by the Government of the Russian Federation. Obtaining information about subsoil areas in addition to the specified location does not exempt the user from royalties from paying for geological information. The provisions of this article shall not apply to geological information on subsoil obtained from non-State funds. Article 44. Reproduction of the mineral and raw materials base Subsoil users engaged in the extraction of all types of mineral resources discovered by public funds will contribute to reproduction. Mineral resource base. The rates of these deductions shall be set in the amount that will provide the necessary costs for reproduction of the mineral resource base of the Russian Federation and are common to all subsoil users of the mineral raw material. The Federal Assembly of the Russian Federation establishes the size of the royalties for the replacement of the mineral resource base by the Government of the Russian Federation. The size of the mineral resource base is defined as an established share of the value of the de facto mineral resources. Part of the amount of royalties to the mineral and raw materials base comes to the federal budget and is used for the purpose of financing the work envisaged by the federal programs of geological exploration. Part of the deductions, including all deductions for the production of common mineral and groundwater resources used for local purposes, on the submission of the Federal State Subsoil Fund, and The executive authorities of the constituent entities of the Russian Federation are sent to the budgets of the constituent entities of the Russian Federation for the purpose of financing the work on the reproduction of mineral resources in accordance with the territorial geological programmes of the Russian Federation. Subsoil study. Of these, part of the contributions to the territorial units of the federal government of the State Subsoil Fund can be transferred to the mining enterprises, which carry out their own geological survey work. " The procedure for the use of deductions for the reproduction of mineral resources coming into the budgets of the constituent entities of the Russian Federation is regulated by the legislation of the constituent entities of the Russian Federation. { { cl } } { { primary } } { { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } The mining and related processing industries. The decision to exempt the users of royalties from royalties is made by the bodies granting licenses for subsoil use. Subsoil users who have carried out their own research and exploration of the fields they are developing or who have fully put all the costs of the State in search and exploration of the appropriate number of useful reserves Fossil fuels are exempt from the reproduction of the mineral resource base in the development of these deposits in a manner determined by the Government of the Russian Federation. The portion of the contribution to reproduction of the mineral and raw materials base of 0.5 to 1.5 per cent is devoted to the payment of compensation for the discovery and exploration of mineral deposits. A { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 45. The fee for participation in the competition (auction) and the award license The fee for participation in the tender (auction) is made by all the participants and is one of the conditions for registration of the application. The amount of the fee is determined on the basis of the cost of direct costs of preparation, holding and summing up of the tender (auction), preparation, registration and registration of issued license for the use of mineral resources. The Fee for participation in the tender (auction) and the issuance of licenses is sent to the authorities issuing licenses for subsoil use. Article 46. Acquizas Akziza for individual mineral commodities extracted from deposits with relatively better geological and geo-geologic characteristics may be introduced by the Government of the Russian Federation in accordance with Russian Federation law "Excise". Article 47. Payments for the use of the water area and seabed areas Payments for the use of the waters and seabed areas are charged to the users of the seabed mining site of the seabed mining site. Mineral Resources and the Use of Mineral Resources for Other Puruses. The amount of the payments depends on the leased area and its configuration, the capacity of the water column, the purpose of the subsoil use. The procedure and conditions for the collection of payments shall be established by the Government of the Russian Federation. Article 48. The discount for subsoil depletion Discount for subsoil depletion may be granted to: subsoil user engaged in mining of scarce mineral resources with low economic efficiency Development of a deposit, objectively determined and not related to violations of the conditions for the rational use of the discovered reserves; subsoil user engaged in extraction of mineral resources from residual [ [ reserve]] stocks quality, except in cases of deterioration in the quality of the stocks of Fossil energy from a sample field. The decision on the establishment of a discount for subsoil depletion and its size is taken by the bodies granting licenses for subsoil use. Section VI. RESPONSIBILITY FOR THE VIOLATION OF THIS LAW Article 49. Liability for violation of this Law Transactions involving subsoil use in violation of this Law shall be null and void. Persons guilty of the said transactions, as well as in: the granting of licenses for subsoil use on the grounds not provided for by this Law; Subsoil use; unauthorized use of the subsoil; sample (non-project) mining of deposits resulting in unreasonable loss of mineral reserves and other infringements of the rational use of the mineral resources, which result in spoilage; Violations of the established standards (rules, regulations) for the safe conduct of subsoil use, the protection of the mineral resources and the environment, including those leading to the contamination of the subsoil and propels a mineral deposit in a state not suitable for exploitation; violation of the ownership of geological and other information about the subsoil or its confidentiality; (...) (...) installations, as well as specially protected areas and natural environment for the use of mineral resources; destruction or damage of wells travelled to monitor the groundwater regime, as well as Marxiersk and Geodetic signs; systematic violation of the order of payment for the use of subsoil use; failure to comply with the requirements to bring in closed or canned mines and boreholes to the state; ensuring the safety of the population as well as the safety of deposits Minerals, mining and boreholes for the time of their conservation; uncasting of land and other natural objects that were violated in the use of mineral resources into a state suitable for their further use; In accordance with the legislation of the Russian Federation and the law of the constituent entities of the Russian Federation, the Russian Federation is responsible for criminal liability in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. The law may establish liability for other violations of this Law. Article 50. Disputes concerning the use of the subsoil are resolved by the public authorities, the court or the arbitral tribunal in accordance with their powers and in accordance with the procedure established by law. Review by a court or arbitral tribunal: 1) financial, property and other disputes relating to the use of subsoil; (2) appeals against decisions of public authorities contrary to this The law, including the refusal to grant a licence for subsoil use or early termination of the right to use the subsoil; 3) to appeal against the actions and decisions of officials and bodies contrary to this Law; (4) To appeal against standards that are contrary to the law (norms, Rules) on the maintenance of subsoil use, the protection of the mineral resources and the natural environment. Article 51. Reparation for injury caused to the user of mineral resources caused by the activities of enterprises, institutions, organizations, public authorities, officials and citizens responsible for violations of the natural properties of the subsoil, or The creation of conditions, partly or totally excluding the possibility of further subsoil use, is to be compensated at the expense of own funds of enterprises, institutions, organizations, citizens and means of respective budgets. The harm caused to the state as a result of the activity of the subsoil user, guilty of selectively processing rich areas of mineral deposits, as well as other actions that led to spoilage or creation Conditions that partially or completely exclude the possibility of further use of the subsoil are to be compensated at the expense of own funds of the subsoil user. Reparation shall also be made to the harm caused to the State in the event that the subsoil subsoil is not used. The size of the damage is determined by the federal authority of the State Subsoil Fund. Reparation for harm caused to the state shall be made by means of contributions to the federal budget, budgets of the constituent entities of the Russian Federation and local budgets. The Monetary Reparation of the Reparations by Stakeholder Agreement may be replaced by the restoration of the natural subsoil. Unauthorized subsoil use and unauthorized construction of mineral resources shall be discontinued without reimbursement of the costs incurred during the illicit use of mineral resources. Section VII. INTERNATIONAL INSTRUMENTS Article 52. International treaties If an international treaty of the Russian Federation sets out rules other than those provided for by this Law, the rules of the international treaty shall apply. " About the time and order of enactment of this Federal Law 1. This Federal Law shall be enacted from the date of its official publication. 2. The Government of the Russian Federation shall adopt the necessary legal regulations for the implementation of this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 3 March 1995 N 27-FZ