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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Russian Federation On Amendments and Additions On Subsoil Law of the Russian Federation Adopted by the State Duma on 1 December 1999 class="ed">(In the wording of Federal Law of 22.08.2004) N 122-FZ Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1992, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 823; 1999, N 7, sect. 879) the following changes and additions: 1. In Article 1-1: Part Two, delete; parts three and four, respectively, as parts two and three, respectively. 2. In article 6, paragraph 1: , in paragraph 1, replace "natural environment" with "subsoil conditions"; , paragraph 2, should be supplemented with the words " as well as geological study and assessment of the suitability of subsoil for construction and operation Underground mines other than minerals extraction ". 3. Article 9 should read as follows: " Article 9. Subsoil users Subsoil users can be business entities, including members of a simple partnership, foreign citizens, legal entities, if there are no restrictions on federal laws Granting of the right to use the subsoil. Subsoil users under product sharing agreements may be citizens of the Russian Federation, foreign citizens, legal entities and created on the basis of agreements on joint activities (contracts of a simple partnership) and Not having the legal personality of bringing legal persons together, provided that the parties to such associations are jointly and severally liable under the obligations arising from the product division agreements. If federal laws establish that certain types of subsoil-related activities require permits (licences), subsoil users must have permits (licences) for implementation The Conference of the Parties, Only legal entities registered in the territory of the Russian Federation may be subsoil users in the management of radioactive material and the disposal of radioactive materials, toxic and other hazardous wastes. authorized by the Federal Executive Office for the Production and Use of Radioactive Materials, Toxic and Other Hazardous Wastes. Rights and obligations of the subsoil user arise from the moment of the state registration of the license for use of subsoil subsoil, granting the right to use subsoil under the terms of the agreement on the division of products from the moment of entry of such an agreement. ". 4. Article 10 should read as follows: " Article 10. Terms of use of subsoil areas Subsoil areas shall be available for a fixed term or without limitation of duration. For a certain period of time, subsoil plots are allocated for: geological study-up to 5 years; mining of mineral deposits, calculated on the basis of Feasibility study on the development of mineral deposits for rational use and protection of subsoil; groundwater extraction-up to 25 years; Provision of short-term right to use subsoil assets according to Article 21-1 of this Law-for a period of up to one year. No time limit can be provided for the construction and maintenance of underground facilities that are not related to mining, construction and maintenance of underground storage facilities Waste, construction and operation of oil and gas storage facilities, as well as for the generation of specially protected geological objects and other purposes. The tenure of the subsoil area may be extended upon the initiative of the subsoil user if it is to meet the conditions stipulated in the license for the use of subsoil conditions and the need to complete the mining of mineral deposits, or The implementation of liquidation activities. The procedure for extending the duration of subsoil use under the terms of the product sharing agreement shall be determined by the agreement. The terms of use of subsoil areas shall be calculated from the moment of the state registration of licenses for the use of these subsoil areas. ". 5. Article 10-1 should be amended to read: Article 10-1. The basis for receiving the right to use subsoil areas Grounds for obtaining the right to use subsoil plots can be: 1) the decision of the Government of the Russian Federation, adopted on the results of the competition, or For the purposes of exploration and production of mineral resources in the subsoil of the internal sea waters, the territorial sea and the continental shelf of the Russian Federation; 2) the decision of the Government of the Russian Federation in establishing the facts The discovery of the mineral deposit by the user who carried out the mineral deposit Work on the geological study of subsoil areas of the internal marine waters, the territorial sea and the continental shelf of the Russian Federation at the expense of its own funds, for the purposes of exploration and mining of such deposits; (3) A joint decision of the federal government of the subsoil or its territorial body and the executive authority of the relevant constituent entity of the Russian Federation, adopted on the basis of the results of the competition or auction, for purposes of Exploration and mining of mineral resources OF THE PRESIDENT OF THE RUSSIAN FEDERATION The discovery of mineral deposits by the user of subsoil, which carried out geological exploration of subsoil assets from its own funds, for exploration and production of mineral resources of such a deposit OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5) the decision of the federal authority of the state fund of subsoil or its territorial body, agreed with the relevant bodies of the executive authorities of the constituent entities of the Russian Federation, for geological study Subsoil sections, including subsoil areas of the internal sea waters, territorial sea and continental shelf of the Russian Federation; 6) Joint decision of the federal authority of the State Subsoil Fund or its territorial entity and the executive branch of the relevant entity OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION the Federal Government of the State Subsoil Fund or its OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Federal Government of the Russian Federation or its territorial body and the executive branch of the relevant subject of the Russian Federation) THE RUSSIAN FEDERATION Mining and exploitation of such oil and gas storage, industrial and household waste; 10) established by the authorities of the constituent entities of the constituent entities of the Russian Federation, the procedure for obtaining the right to use the subsoil thereof, containing mineral deposits or subsoil areas of local significance and subsoil areas used for non-mining purposes; 11) cooperative decision Federal State Fund for Subsoil and Organ The executive branch of the relevant Russian Federation entity for the establishment of specially protected geological objects; 12) cases of transfer of the right to use subsoil subsoil according to the grounds established by the federal states. The laws governing subsoil use; 13) entered into force under the Federal Act on Product Sharing Agreements; 14) a joint decision of the Federal State Fund for Subsoil and Subsoil Management The executive branch of the relevant Russian Federation on the granting of the right to use the subsoil area for the purpose of the exercise by a legal person (operator) of subsoil activity, right terminated before the deadline. ". 6. Article 11, paragraph 3, amend to read: " The licence shall be a document attesting to the right of its holder to use the subsoil area within certain limits, in accordance with the stated purpose, in accordance with the stated purpose The period of time, if the owner has complied with the specified conditions. A contract may be concluded between the authorized State authorities and the subsoil user by establishing the conditions for the use of such a site, as well as the obligations of the parties to implement the said treaty. ". 7. In article 12, paragraph 7 of Part One, paragraph 7, should read: "7) agreed level of mineral extraction, right of ownership of extracted mineral raw materials;"; add a new part of the third content: " In case of significant change in consumption of manufactured products under circumstances beyond the control of the subsoil user, the commissioning dates defined in the license agreement may be by the authorities which issued the license for the use of subsoil areas, the basis for the user's access to the subsoil. "; parts three and four, fourth and fifth respectively. 8.(Spconsumed by Federal Law of 22.08.2004) N 122-F) 9. Supplement article 13-1 as follows: " Article 13-1. { \cs6\f1\cf6\lang1024 } Contour and auctions for use Subsoil mining } { } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } The subsurface, as well as the decision to approve the results of such tenders or auctions, shall be decided by the bodies granting the right to use the subsoil, in accordance with article 10-1 of this Law. The decision to approve the result of the tender or auction for the right to use the subsoil area is taken within 30 days from the date of the auction or auction. The main criteria for determining the winner of the competition for the right to use the subsoil area are the scientific and technical level of geological exploration and use of subsoil areas, the completeness of extracting useful " The Russian Federation has contributed to the social and economic development of the territory, the terms of implementation of relevant programs, the effectiveness of the activities for the protection of mineral resources and the natural environment, and consideration of the interests of national security of the Russian Federation. The main criterion for determining the winner during the auction for the right to use the subsoil area is the size of a single payment for the right to use the subsoil area. In the event that the announced tender for the right to use the subsoil area is declared invalid as a result of an application from only one participant, a license for the use of subsoil can be granted to that participant on conditions of the competition. Information on upcoming tenders or auctions for the right to use subsoil plots, the results of these tenders or auctions should be published in Russian and published in the territories of the respective entities The Russian Federation Procedure and conditions for tenders or auctions for the right to use subsoil areas, including the formation of competitive or auction commissions and the procedure for their taking decisions in respect of each subsoil or group area Subsoil sections are determined by the federal authority of the State Subsoil Fund or its territorial body together with the executive authorities of the constituent entities of the Russian Federation, in consultation with the relevant federal authorities The executive branch. The procedure and terms of the tender or auction for the right to use the subsoil area for the conclusion of a produc-section agreement are determined in accordance with the legislation of the Russian Federation. ". 10. Name and first article 14, after the words "participation in the tender or auction" should be supplemented by the words "or applications for the right to use subsoil without a tender or auction". 11. Part two of article 15, after the words "mineral resource base", should be supplemented by the words ", protection of the national security of the Russian Federation". 12. In article 16: Part Two is supplemented with the following sentence: " In the cases prescribed by the legislation of the Russian Federation, the conditions for the use of subsoil areas shall be agreed upon with the federal executive branch defence and the federal executive security authority. "; part four, delete; , in Part 5, the word" registration "is replaced by the words" State registration "; next revision: " How to license use Subsoil sections shall be established by a federal law. "; part five and six shall be considered as parts four and five, respectively. 13. Article 17-1 should read: " Article 17-1. The right to use subsoil and subsoil rights for the use of subsoil under the right of use of subsoil plots is transferred to another business entity in the following cases: reorganization of the legal person-the user of the subsoil by means of its conversion-changes in its organizational and legal form; reorganization of the legal person-the user of the subsoil by joining another legal entity by a person or a merger with another legal entity pursuant to OF THE PRESIDENT OF THE RUSSIAN FEDERATION The legal entity intends to continue activities in accordance with the license for the use of subsoil subsoil; legal person-the user of the subsoil is the founder of a new legal person, established for the continuation of the activities at the subsurface area provided under the law of the Russian Federation and the equipment required to carry out the activities specified in the licence is granted if the new legal entity is established in accordance with the laws of the Russian Federation for the use of the subsoil area, including the establishment of facilities at the boundaries of the licence area, and the required permits (licences) for the use of subsoil activities and the percentage thereof Legal person-the subsoil user in the charter capital of the new legal entity at the time of the transfer of the right to use the subsurface area is not less than half of the authorized capital of the new legal entity; acquisition by a subject of business activity in accordance with the procedure provided for by the Federal Law " On "The insolvency (bankruptcy)", property (property) of the bankrupt (subsoil user) enterprise provided that the acquired property is a legal entity established in accordance with the laws of the Russian Federation, qualified for Subsoil legislation on the subsoil of the Russian Federation. In the case of the right to use the subsoil area, the license for use of the subsoil area is to be redrawn. In this case, the conditions of use of the subsoil area established by the previous licence are not subject to review. The transfer of the right of use of subsoil plots provided to business entities under product sharing agreements and the re-issuance of licenses for the use of subsoil areas shall be carried out in accordance with The Federal Act "On Production Section Agreements". Licenses for subsoil use shall also be re-styled when the names of legal entities-sub-soil users are changed. The procedure for re-registration of licenses for the use of subsoil plots is established by the federal authority of the State Subsoil Fund. Refusal to change licenses for use of subsoil plots can be appealed to the court. The right to use a plot or subsoil thereof acquired by a legal person in accordance with the established procedure may not be transferred to a third party, including in the manner of the assignment of rights established by civil law, the exception to the cases provided for in this Act or other federal laws. ". Add article 21 to 1 as follows: " Article 21-1. Enjoyment of subsoil under the early termination of the right to use subsoil subsoil If, for the purposes of rational use and protection of subsoil, the suspension of mining is impractical, or It is not possible for bodies that have terminated the right to use the subsoil area ahead of schedule, pending the adoption of a decision on the new subsoil user, may grant the right of a short term (up to one year) to use such subsoil subsoil. the legal person (s) with the registration of the license in order, established by this Act. Between the sub-bowels of the subsoil, the right to use the subsoil is terminated early, and the temporary operator may be concluded a contract for the transfer of the property necessary for the provision of subsoil use on a reimbursable basis. ". 15. Article 23-1 should read: " Article 23-1. Geologic-economic and monetary valuation of mineral deposits and subsoil sections State regulation of subsoil use and development of mineral resource base are carried out using geological-economic and valuation estimates of mineral deposits and subsoil deposits. The methods of geological-economic valuation and the valuation of mineral deposits and subsoil mineral deposits are approved by the Federal Public Authority for Subsoil Management. ".". In article 36-1: , in the first word "observation of subsoil", replace the words "monitoring of subsoil"; to supplement the third reading: " Work on geological exploration, prospecting, Exploration of mineral deposits carried out by contributions to the reproduction of minerals and raw materials and other means are carried out in accordance with the approved projects, the expertise of which is carried out in Federal State Fund for the Management of the State Subsoil Fund of the Subsoil Subsoil Thereof. " 17. Article 50 should be supplemented with a new part three: "By mutual agreement of the parties, property disputes relating to subsoil use may be referred to the arbitral tribunal."; Part Three to be considered part four. 18. In the text, replace the words "territorial unit" with the words "the territorial entity" in the relevant numbers and in the appropriate numbers. Article 2. This Federal Law shall enter into force on the date of its official publication. Acting President of the President of the Russian Federation, Vladimir Putin \'n Kremlin 2 January 2000 N 20-FZ