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

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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102063867

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "on the bowels" adopted by the State Duma of the year December 1, 1999 (as amended by federal law from 22/08/2004, no. 122-FZ), Article 1. To the law of the Russian Federation of February 21, 1992 N 2395-I "on the bowels" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 16, art. 834; Collection of laws of the Russian Federation, 1995, N 10, art. 823; 1999, N 7, art. 879) the following amendments and supplements: 1. Article 1-1: part II deleted;
part of the third and fourth, respectively, considered the second and third parts.
2. In the first part of article 6: in paragraph 1, the words "naturopathic Wednesday" were replaced by the words "State of the bowels";
paragraph 2 shall be supplemented with the words "as well as geological study and assess the suitability of subsoil areas for the construction and operation of underground structures not related to mining.
3. Article 9 shall be amended as follows: "article 9. Subsoil users Users of the subsoil can be the subjects of business activities, including participants of the simple partnership, foreign citizens, legal persons, if the Federal law does not limit the right of subsoil use.
Subsoil users on the terms of production sharing agreements can be citizens of the Russian Federation, foreign citizens, legal persons and created on the basis of agreements on joint activities (simple partnership agreements) and do not have the status of legal person associations of legal entities, provided that participants in such associations shall be jointly and severally liable for the obligations arising from production-sharing agreements.
If Federal laws established that for the implementation of individual activities associated with the use of mineral resources, require permission (license), the subsoil users must have permissions (licenses) to carry out the relevant activities or enter into contracts with organizations having the right to carry out activities related to the use of mineral resources.
Subsoil users in maintaining production of radioactive raw materials and disposal of radioactive materials, toxic and other hazardous waste can only be legal entities, registered on the territory of the Russian Federation and having a permit (licence) issued by the authorized federal body of executive power to conduct works on the production and use of radioactive materials, toxic and other hazardous waste.
Subsoil user's rights and obligations arise from the moment of State registration of the license to use the sites, when granting the right to use the subsoil on the terms of production sharing agreements since the entry into force of this agreement.
4. Article 10 shall be amended as follows: "article 10. Terms of sections of entrails of subsoil use, for a specified period or without term limits. For a certain period of use subsoil for geological studies:-for up to 5 years;
mining for refining mineral deposits, calculated on the basis of feasibility study development of mineral deposits, providing rational use and protection of the subsoil;
groundwater extraction up to 25 years;
mining based on providing short-term rights to use subsoil areas in accordance with article 21-1 of this Act for a period of up to 1 year.
Without term limits can be granted subsoil areas for the construction and operation of underground structures not related to mining, construction and operation of underground constructions associated with the dumping of waste, construction and operation of oil and gas, as well as for geological objects protected education and other purposes.
Term of use subsoil plot can be extended on the initiative of the subsoil user in the discharge as provided in the license to use subsoil plot conditions and the need to complete the development of mineral deposits or to perform liquidation activities.
The order extending the period of use subsoil plot on the terms of production sharing agreements is determined by the agreement.
Terms of subsurface areas are calculated from the moment of State registration of licenses for use of these areas. ".
5. Article 10-1 shall be amended as follows: "article 10-1. Grounds for obtaining the right to use the subsoil areas Bases qualify use subsoil areas can be: 1) the decision of the Government of the Russian Federation, adopted on the basis of a competition or auction, for the purposes of exploration and mining on subsurface sites internal waters, the territorial sea and the continental shelf of the Russian Federation;

2) decision of the Government of the Russian Federation in determining whether the opening of mineral deposits of subsoil user carrying out work on geological studying subsoil areas of internal waters, the territorial sea and the continental shelf of the Russian Federation at its own expense, for the purposes of exploration and mining of such deposits;
3) joint federal State Fund management body of the subsoil or its territorial authority and the authority of the relevant constituent entity of the Russian Federation, adopted on the basis of a competition or auction, for the purposes of exploration and mining on subsurface sites located on the territory of the Russian Federation;
4) joint federal State Fund management body of the subsoil or its territorial authority and the authority of the relevant constituent entity of the Russian Federation in determining whether the opening of mineral deposits of subsoil user carrying out work on geological studying subsoil areas at their own expense, for the purposes of exploration and mining of such deposit, located on the territory of the Russian Federation;
5) decision of the federal authority in the management of the public fund of the subsoil or its territorial authority, consistent with the relevant bodies of executive power of the constituent entities of the Russian Federation for the purposes of geological exploration of subsoil areas, including subsoil areas of internal waters, the territorial sea and the continental shelf of the Russian Federation;
6) joint federal State Fund management body of the subsoil or its territorial authority and the authority of the relevant constituent entity of the Russian Federation for the purposes of geological exploration and extraction of groundwater used for drinking water supply or water technology industry;
7) the decision of the Government of the Russian Federation agreed with the executive authorities of the constituent entities of the Russian Federation for the purposes of the dumping of radioactive, toxic and other hazardous waste in deep horizons, ensure the localization of such wastes;
8) of the Federal joint action of controls of the State Fund of the subsoil or its territorial authority and the authority of the relevant constituent entity of the Russian Federation agreed with the federal organ of State mining supervision or its territorial authority for the construction and operation of underground structures not related to extraction of mineral resources;
9) joint action of a federal body of management of the public fund of the subsoil or its territorial authority and the authority of the relevant constituent entity of the Russian Federation for the purposes of the construction of oil and gas in seam of rocks and exploitation of such oil and gas storage facilities, disposal of industrial and domestic waste;
10) established organs of representative power of the subjects of the Russian Federation the procedure for obtaining the right to use the sites, containing deposits of popular minerals, or subsoil areas of local importance, as well as sites of subsoil of local significance used for purposes not related to the extraction of mineral resources;
11) of the Federal joint action of controls of the State Fund of the subsoil and the corresponding authority of the Russian Federation to education protected geological objects;
12) cases of transfer of the right of use of the subsoil areas in accordance with the mandates established by federal laws governing relations of subsoil use;
13) entered into force production sharing agreement concluded in accordance with the Federal law on production sharing agreements ";
14) joint action of a federal body of management of State Fund and executive authority of the relevant constituent entity of the Russian Federation on granting the right to short-term (up to one year) use subsoil plot for the purposes of a legal entity (the operator) for site operation, the right of use which stopped prematurely.
6. Part three of article 11 shall be amended as follows: "licence is a document certifying the right of the owner to use subsoil plot in a certain boundaries in accordance with the objective it within the prescribed time limit subject to the owner of the pre-negotiated terms and conditions. Between the authorized bodies of State power and the user of the bowels can be a contract that establishes the terms of use of this site, as well as the obligations of the parties to implement the Treaty. "
7. Article 12, paragraph 7 of part 1 shall be amended as follows: "7) a coherent mineral level, the ownership of the extracted minerals;";
to complement the new paragraph 3 as follows:

"In the event of a significant change in the level of consumption of the products produced by circumstances independent of the subsoil user, the commissioning dates for objects defined by the license agreement can be reviewed by the authorities granting license to use the sites, based on the treatment of entrails user.";
part of the third and fourth take fourth and fifth respectively.
8. (repealed-Federal Act of 22/08/2004, no. 122-FZ) 9. To supplement article 13-1 as follows: "article 13-1. Contests and auctions for the right to use subsoil areas decision to hold contests or auctions for the right to use the sites, to determine the conditions for their conduct in relation to each area of the subsoil or group of subsoil areas, as well as the decision on approval of the results of such contests or auctions accepted bodies providing the right to use the sites, in accordance with article 10-1 of the present law. Decision approving the results of the competition or auction for the right to use subsoil plot is made within 30 days from the date of the tender or auction.
The main criteria for the winner in the contest for the right to use subsoil plot are scientific and technical level of geological study programmes and use of subsoil areas, the fullness of the extraction of mineral resources, contribution to socio-economic development of the territory, the timing of the implementation of the relevant programs, the effectiveness of measures to protect environmental resources and Wednesday, national security interests of the Russian Federation.
The main criterion for identifying the winner in an auction for the right to use subsoil plot is the size of a single payment for the right to use subsoil plot.
If the announced competition for the right to use subsoil plot declared invalid in connection with receipt of applications from only one party, the license to use subsoil plot can be issued to the Party on the terms of the announced competition.
Information on upcoming contests or auctions for the right to use the sites, the results of these contests or auctions should be published in Russian and published in the territories of the relevant constituent entities of the Russian Federation mass media.
The procedure and conditions of competitions or auctions for the right to use the sites, including the procedure for the formation of competitive or auction commissions and decision-making rules in respect of each parcel of the subsoil or group of subsoil areas are determined by the Federal Agency of management of the public fund of the subsoil or its territorial authority in conjunction with the executive authorities of the constituent entities of the Russian Federation in accordance with the relevant federal bodies of executive power.
The procedure and conditions of the contest or an auction for the right to use subsoil plot for production sharing agreement shall be determined in accordance with the legislation of the Russian Federation. "
10. the name and the first paragraph of article 14, after the words "to participate in the tender or auction" add the words "or applying for subsoil use rights without competition or auction".
11. The second part of article 15, after the words "mineral-raw-material base" shall be supplemented with the words "protect the national security interests of the Russian Federation".
12. Article 16: the second part of the supplement with the following sentence: "in the cases established by the legislation of the Russian Federation, the conditions of use of the subsoil areas must be consistent with the Federal Executive Body in the field of Defense and the Federal Executive Body in the field of security.";
part four should be deleted;
in part 5, the word "register" should be replaced by the words "State Register";
the sixth part shall be reworded as follows: "licensing use of subsoil areas shall be established by federal law.";
part of the fifth and sixth take respectively parts of the fourth and fifth.
13. Article 17-1 shall be amended as follows: "article 17-1. Go right to the use of lots and parcels licences reissue bowels right to use subsoil areas goes to another subject of entrepreneurial activity in the following circumstances: the reorganization of a legal entity-subsoil user by his transformation-changing its organizational-legal form;
reorganization of a legal person-subsoil user through the accession of another entity or merge it with another entity, in accordance with the legislation of the Russian Federation;
reorganization of a legal person-subsoil user by separation or discharge from another legal person in accordance with the legislation of the Russian Federation, if the newly created legal entity intends to continue work in accordance with a license for use of subsoil plots provided by the user to continue the subsoil;

legal person-founder of the subsoil user of new legal entity created for the continuation of the work on the site subsoil under license to use subsoil plot, if new legal entity established in accordance with the legislation of the Russian Federation and he transferred property necessary to implement the activities specified in the license to use subsoil plot, including the whole of the property within the boundaries of Interior objects license area and also have the necessary permissions (licenses) to carry out activities related to subsoil use and percentage of previous legal entity-subsoil user in the authorized capital of the new entity at the time of transfer of the right to use subsoil plot is no less than half of the authorized capital of the new entity;
the acquisition of subject of entrepreneurial activity in the order stipulated by the Federal law on Insolvency (bankruptcy) "assets (property) of the enterprise-bankrupt (user) provided that the purchaser of the property is a legal entity established in accordance with the legislation of the Russian Federation, meets the eligibility requirements of one of the Russian Federation legislation.
When you move the right to use subsoil plot license to use subsoil plot shall be drawn up again. In this case, the conditions of use of the subsoil plot set the previous license, are not subject to review.
Transfer of right to use subsoil areas, provided for legal entities based on production sharing agreements, licences and re-registration of subsoil areas are carried out in accordance with the Federal law on production sharing agreements ".
License to use the subsoil areas subject to re-execute change names of legal persons-subsoil users.
The procedure for reissuing subsoil areas licences shall be established by the federal body of management of State Fund.
Denial of Reregistration subsoil areas licences may be lodged with the Court.
The right to use the area or areas of mineral resources, acquired a juridical person in the prescribed manner, may not be transferred to third parties, including, in order of assignment of rights established by civil legislation, except in the cases prescribed by this Act or other federal laws. ".
14. Supplement article 21-1 as follows: "article 21-1. Use lots of bowels when advance termination of the right to use the subsoil areas if in the interests of rational use and protection of mineral resources mining suspension impractical or impossible, prematurely interrupted their right to use subsoil plot concerned, prior to the adoption of decisions in accordance with the established procedure of new user bowels can provide the right short-term (up to one year) use subsoil plot such legal entity (the operator) with the execution of the corresponding license in order established by this law.
Between the user, the right to use the subsoil which stopped prematurely, and interim operator can be a contract on the transfer of property required for the subsoil on the paid basis. ".
15. Article 23-1 shall be amended as follows: "article 23-1. Geological-economic evaluation and valued mineral deposits and subsoil areas State regulation of relations of subsoil use and objectives of the development mineral-raw materials base are carried out using geological and economic and cost evaluations of mineral deposits and subsoil areas. Methods of geological-economic and cost evaluations of mineral deposits and subsoil areas by type of mineral resources shall be approved by the Federal Agency of management of the public fund. ".
16. In article 36-1: in the first part of the word "monitoring" should be replaced by "the bowels of the State monitoring of the subsoil";
Supplement part 3 as follows: "Work on geological studying of mineral resources, the search for mineral deposits, exploration, carried out at the expense of royalties for the reproduction of mineral-raw-material base and other means, shall be conducted in accordance with the approved project in accordance with the established procedure, the examination carried out in the Federal Administration the State Fund of the subsoil or its territorial authority at the expense of subsoil users.
17. Article 50 supplement a new paragraph 3 as follows: "upon mutual agreement of the parties property disputes related to the use of mineral resources, may be referred to the Arbitration Court.";
part three regarded as part of the fourth.
18. the phrase "territorial unit" was replaced with the words "territorial authority in the respective numbers and Word Forms.
Article 2. This federal law shall enter into force on the day of its official publication.
The acting

The President of the Russian Federation v. Putin Kremlin, Moscow January 2, 2000 N 20-FZ