About Bowels

Original Language Title: Про надра

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CODE of UKRAINE ABOUT BOWELS (Supreme Council of Ukraine (BD), 1994, no. 36, item 340) {entered into BP no. 133/94-VR from 27.07.94, VVR, 1994, no. 36, item 341} {amended according to the Law No. 2120-III dated 07.12.2000, VVR, 2001, no. 2-3, article 10 No. 2665-III dated July 12, 2001, VVR, 2001, no. 50, art. 262 # 2905-III of 20.12.2001, VVR , 2002, # 12-13, 92, no. 380-IV from 26.12.2002, VVR, 2003, no. 10-11, article 86, no. 762-IV from 15.05.2003, VVR, 2003, no. 30, art. 247 # 1025-IV from 09.07.2003, VVR, 2004, # 5, St. 22 No. 1344-IV dated 27.11.2003, VVR, 2004, # 17-18, 250 # 1578-IV of 2004, VVR, 2004, no. 23, item 324 No. 2285-IV dated 23.12.2004, VVR, 2005, no. 7-8, art. 162 # 2505-IV from 25.03.2005, VVR, 2005, # 17, # 18-19, 267, no. 3235-IV dated 20.12.2005, VVR, 2006, # 9, # 10-11, 96 # 3370-IV dated 19.01.2006, VVR , 2006, № 22, 184, no. 398-V from 30.11.2006, VVR, 2007, no. 3, article 31 No. 489-V from 19.12.2006, VVR, 2007, no. 7-8, 66 No. 107-VI from 28.12.2007, VVR, 2008, no. 5-6, no. 7-8, 78, no. 309-VI from 03.06.2008, VVR, 2008, # 27-28, 253 # 1392-VI from 21.05.2009, VVR, 2009, no. 40, 578, no. 2154-VI from 27.04.2010 , VVR, 2010, # 22-23, 24-25, 263 No. 2457-VI from 08.07.2010, VVR, 2010, # 48, 564 # 2562-VI dated 23.09.2010, BD, 2011, no. 6, article 47} {Additionally, see the decision of the Constitutional Court No. 22-RP/2010 dated November} {amended according to the Law No. 2756-VI from the 02.12.2010, BD, 2011, no. 23, item 160 No. 2774-VI from 03.12.2010, BD, 2011 # 22, 151 # 2849-VI dated 22.12.2010, BD, 2011, no. 27, 232 # 2856-VI from 23 Dec, BD, 2011, no. 29, article 272 # 3530-VI from 16.06.2011, VVR, 2012, no. 2-3, art. 3 No. 3687-VI from 20.05.2010, VVR, 2012, no. 18, item 157 # 3959-VI from 21.10.2011, VVR, 2012, no. 23, item 230 # 4650-VI from 12.04.2012, VVR, 2013, no. 8 , 66 No. 5406-VI from 02.10.2012, VVR, 2013, no. 41, item 567 # 5456-VI from 26.10.2012, VVR, 2013, no. 46, item 640-changes take effect with 18.11.2012, except for the provisions relating to the transfer of authority from the territorial bodies of the central body of the Executive power, which provides forming and implementing State policy in the sphere of environmental protection, regional, Kyiv, Sevastopol City State administrations, bodies of executive authorities of the Autonomous Republic of Crimea that take effect with 18.05.2013-see. paragraph 1 of section II of law No. 5456-VI from 26.10.2012;

# 1193-VII from 09.04.2014, VVR, 2014, no. 23, item 873 # 71-VIII from 28.12.2014, VVR, 2015, no. 7-8, no. 9, article 55 No. 521-VIII from 16.06.2015, VVR, 2015, no. 32, 307 # 867-VIII from 08.12.2015, VVR, 2016, 4, 40} {text Code word "State Committee of Ukraine on geology and subsoil use" in all cases has been replaced by the words "specially authorized central body of the Executive power of the geological study and ensure the rational use of bowels of the Earth" in the appropriate case No. 1578-IV from 2004} {text Code word "(license)" in all cases and the numbers excluded by law No. 3370-IV dated 19.01.2006} {text Code word "Supreme Council of the Republic of Crimea" in all cases replacing the words "Supreme Council of the Autonomous Republic of Crimea" pronounced according to law No. 3530-VI from 16.06.2011} {in the text of the code: the words "specially authorized central body of the Executive power of the geological study and ensure the rational use of bowels of the Earth" in all cases has been replaced by the words "central body of the Executive power that implements the State policy in the field of geological study and rational use of the subsoil "pronounced; the words "the State Committee of Ukraine on supervision of labour safety" in all cases has been replaced by the words "central body of the Executive power, which implements the State policy in the sphere of labour protection" pronounced; the words "Council of people's Deputies" in all cases has been replaced by the word "Council" in the relevant case; the words "organs of State executive power", "specially authorized bodies of State executive power" in all cases has been replaced by the words "executive authorities" pronounced; the words "executive bodies on the ground" in all cases have been replaced with the words "local authorities" in the relevant case; the words "foreign legal entities and citizens, foreign legal persons and citizens" in all cases has been replaced by the words "foreigners and persons without citizenship, foreign legal persons" in the case in accordance with law No. 5456-VI from 26.10.2012} Section I General PROVISIONS Chapter 1. GENERAL PROVISIONS article 1. The concept of Nadra Nadra is the part of the Earth's crust that is located under the surface of the land and the bottom of reservoirs and extends to depths available for geological study and development.

Article 2. Task code of Nadra Nadra Task is the code of regulation of relations in order to ensure the efficient, integrated use of bowels of the Earth to meet the needs of the mineral raw materials and other needs of social production, the protection of the subsoil, ensure when using the subsoil of the security of people, property and the environment, as well as protection of rights and legitimate interests of enterprises, institutions, organizations and citizens.

Article 3. The law on subsoil Mining relations in Ukraine are regulated by the Constitution of Ukraine, law of Ukraine "on environmental protection", this code and other laws of Ukraine, issued in accordance with them.

Features of the subsoil during the execution of the production sharing agreement, including those related to the provision, transfer, restrictions, temporary ban (stopping) and termination of subsoil use rights, as well as with the legal registration of such relations are governed by the law of Ukraine "on production sharing agreements".

{Article 3 added a new part in accordance with law No. 2562-VI dated 23.09.2010} Land, forest and aquatic relations are governed by the applicable laws of Ukraine.

Article 3-1. Features of the application of this code If applicable use naftogazonosnimi subsoil, in particular by the law of Ukraine "on gas (methane) coal fields" and the law of Ukraine "on production sharing agreements, established other rules than those provided for in this code, the applicable provisions of those laws.

{The Act amended article 3-1 of the law No. 1578-IV of 2004; article text as amended by Laws No. 1392-VI from 21.05.2009, no. 2562-VI dated 23.09.2010} Article 4. Ownership of the Nadra Nadra are the exclusive property of the Ukrainian people and are only available in use. Agreement or actions in direct or hidden form violates the right of ownership of the Ukrainian people to the land interior are null and void. The Ukrainian people exercising ownership of the subsoil through the Verkhovna Rada of Ukraine, the Verkhovna Rada of Autonomous Republic of Crimea and local councils.

{Part one of article 4 amended by law No. 5456-VI from 26.10.2012} separate powers regarding the disposal of subsoil legislation may be provided with the appropriate bodies of executive power.

Article 5. The State Fund of the bowels and the State Fund of mineral deposits of subsoil State Fund includes both areas of subsurface resources used, and the areas of the bowels, not involved in use, including the continental shelf and the exclusive (maritime) economic zone.

Mineral deposits-this is the accumulation of mineral substances in the depths on the surface of the Earth, water and gas sources, at the bottom of reservoirs, which are of the quantity, quality and conditions of occurrence are suitable for industrial use.

Man-made mineral deposits-this is the place where the accumulated waste extraction, enrichment and processing of mineral raw materials, stocks that appreciated and have industrial value. These deposits can occur also due to losses during storage, transportation and use of the products of processing of mineral raw materials.

All of the mineral deposits, including man-made, with inventory, highly regarded as industrial, constitute a State Fund of mineral deposits, and all of the previously estimated mineral deposits-reserve of the Fund.

State Fund of mineral deposits is part of the State Fund of the bowels.

State Fund of mineral deposits and provision of this Fund is formed by a central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil.

{Part six article 5 amended by law No. 5456-VI from 26.10.2012} State Fund of the bowels is formed by a central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, together with the central body of the Executive power, which implements the State policy in the sphere of labour protection.

Article 6. Types of minerals minerals according to their value are minerals of national and local importance. The classification of mineral resources to mineral resources of national and local importance is carried out by the Cabinet of Ministers of Ukraine by the central body of the Executive power, which ensures the formation of State policy in the sphere of environmental protection.

{Article 6 amended by law No. 5456-VI from 26.10.2012} Article 7. Only Verkhovnaya Rada of Ukraine in the sphere of regulation of relations to the competence of the Supreme Rada of Ukraine in the sphere of regulation of mining relations owned: 1) Regulation of relations;

2) determination of the main directions of the State policy in the field of geological exploration, use and protection of the subsoil;

{The paragraph 3 of article 7 on the basis of law No. 5456-VI from 26.10.2012}

{Paragraph 4 of article 7 on the basis of law No. 5456-VI from 26.10.2012}

{Click 4-1 article 7 on the basis of law No. 5456-VI from 26.10.2012} 5) other issues in the field of regulation of relations in accordance with the Constitution of Ukraine.

{Article 7, paragraph 5, as amended by the law No. 5456-VI from 26.10.2012}


Article 8. Competence of the Cabinet of Ministers of Ukraine in the field of geological exploration, use and protection of the subsoil to the competence of the Cabinet of Ministers of Ukraine in the field of geological exploration, use and protection of the subsoil belongs to: 1) the implementation of the State policy in the sphere of regulation of relations;

2) exercise Government control over geological study, use, and protection of the subsoil, as well as the formation and use of man-made deposits and processing of mineral raw materials;

3) defining the activities of the Executive power in the sphere of use and protection of the subsoil, coordination of their activities;

4) ensuring the development of national and regional programmes in the field of geological exploration, use and protection of the subsoil;

5) determination of rates of use, further expansion and qualitative improvement of mineral-raw-material base;

6) defining the use of subsoil and their protection, development and approval of relevant standards, rules and regulations;

7) installation fee for the issuance of special permits for subsurface use;

{The Paragraph 7 of article 8 as amended by law No. 2756-VI from the 02.12.2010} 8) the creation of a unified system of State information geological Fund and defining the Ordinance geological information;

9) Organization State examination and evaluation of reserves of mineral resources;

10) addressing the use of the subsurface for the storage and disposal of wastes and other harmful substances;

{Item 11 of article 8 on the basis of law No. 3959-VI from 21.10.2011} 12) definition of criteria for the recognition of the inventory of minerals minor;

{Article 8 supplemented new item according to law No. 2562-VI dated 23.09.2010} 13) the conclusion of agreements on the distribution of products;

{Article 8 supplemented new item according to law No. 2562-VI dated 23.09.2010}

{Paragraph 14 of article 8 on the basis of law No. 5456-VI from 26.10.2012} 15) conclusion of agreements on the distribution of products for the use of areas of the subsurface in the exclusive (maritime) economic zone, on the continental shelf;

{Article 8 supplemented new item according to law No. 2562-VI dated 23.09.2010} 15-1) approval of the list of areas of the subsurface that are of special scientific, cultural or natural-protected value and may not be in use on the terms of production sharing agreements;

{Article 8 paragraph 15-1 of the law No. 5456-VI from 26.10.2012} 15-2) publication and dissemination of information about State and local taxes and dues and other payments, including contextual information (General review) on the extractive industries, to increase transparency in the extractive industries in the procedure established by the Cabinet of Ministers of Ukraine;

{Article 8 paragraph 15-2 under law No. 521-VIII from 16.06.2015} 16) other issues in the field of management and control over the use and protection of the subsoil.

Article 9. The competence of the Supreme Council of the Autonomous Republic of Crimea in the area of regulation of relations to the competence of the Supreme Council of the Autonomous Republic of Crimea in the manner prescribed by this code and other legislative acts include: 1) distribution between the respective local budgets fee for subsurface use;

{The paragraph 2 of article 9 on the basis of law No. 3959-VI from 21.10.2011} 3) development, approval and implementation of local programs of development of mineral-raw-material base, the rational use and protection of the subsoil;

4) announcement of geological objects of scientific or cultural value, objects of natural-reserved Fund of local significance;

5) other issues in the sphere of regulation of the relations determined by law.

{Article 9 amended by law No. 2562-VI dated 23.09.2010; as amended by law No. 3530-VI from 16.06.2011} Article 9-1. Competence of the regional, Kyiv and Sebastopol city councils in the area of regulation of relations to the competence of regional, Kyiv and Sebastopol city councils in the manner prescribed by this code and other legislative acts include: 1) subsurface in use for the development of mineral deposits local significance;

{The paragraph 2 of article 9-1 excluded by law No. 3959-VI from 21.10.2011} 3) approval of the granting of subsoil in use for the purpose of geological study and development of mineral deposits of national importance, as well as for purposes not related to extraction of mineral resources;

4) distribution between the respective local budgets fee for subsurface use;

5) development, approval and implementation of local programs of development of mineral-raw-material base, the rational use and protection of the subsoil;

6) announcement of geological objects of scientific or cultural value, objects of natural-reserved Fund of local significance;

7) termination of the right to use the area of bowels in cases and procedure stipulated by this code;

8) exercise control over the use and protection of the subsoil;

9) other issues in the sphere of regulation of the relations determined by law.

{The code update: article 9-1 of the law No. 3530-VI from 16.06.2011; amended by law No. 1193-VII from 09.04.2014} Article 9-2. Competence of the Council of Ministers of Autonomous Republic of Crimea in the area of regulation of relations to the competence of the Council of Ministers of Autonomous Republic of Crimea in the manner prescribed by this code and other legislative acts include: 1) subsurface in use for the development of mineral deposits local significance;

2) agreement providing the bowels in use for the purpose of geological study, development of mineral deposits of national importance, as well as for purposes not related to extraction of mineral resources;

3) development and ensure the implementation of local programs of development of mineral-raw-material base, the rational use and protection of the subsoil;

4) the termination of the right to use the area of bowels in cases and procedure stipulated by this code;

5) exercise control over the use and protection of the subsoil;

6) solution of other matters in the field of regulation of the relations determined by law.

{The code update: article 9-2 of the law No. 3530-VI from 16.06.2011; amended by law No. 1193-VII from 09.04.2014} Article 10. The competence of a village, town, city and District Councils in the area of regulation of relations to the competence of the village, town, city and District Councils in their territory in accordance with the procedure established by this code and other legislative acts include: 1) approval of the granting of subsoil in use for the purpose of geological study, development of mineral deposits local significance;

2) implementation of local programs of development of mineral-raw-material base, the rational use and protection of the subsoil;

3) limiting the activity of the enterprises, institutions, organizations and citizens in the cases and in the manner prescribed by this code;

4) exercise control over the use and protection of the subsoil;

5) other issues in the field of regulation of relations within the limits of its competence.

{Article 10 amended by law No. 1193-VII from 09.04.2014} Article 11. Authorities exercising State control in the field of geological exploration, use and protection of the bowels of the State management in the field of geological exploration, use and protection of the subsoil carrying out the Cabinet of Ministers of Ukraine, the central body of the Executive power, which ensures the formation of State policy in the sphere of environmental protection, the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power that implements the State policy in the sphere of labour protection, the authorities of the Autonomous Republic of Crimea, local authorities, other State authorities and bodies of local self-government in accordance with the legislation of Ukraine.

Authorities exercising State control in the field of geological exploration, use and protection of the subsoil, are obliged to provide and publish information about the geological study, use, and protection of the subsoil to the extent necessary to ensure transparency in the extractive industries, in the manner established by the Cabinet of Ministers of Ukraine.

{Article 11 completed part of the second according to the law No. 521-VIII from 16.06.2015}

{Article 11 amended by law No. 5456-VI from 26.10.2012} Article 12. Participation of citizens and their associations in the implementation of measures for the rational use and protection of the bowels of the citizens and their associations have the right to participate in the development and implementation of measures on rational use and protection of the subsoil, which carry out executive authorities, authorities of the Autonomous Republic of Crimea and local self-government bodies.

{Article 12, as amended by the law No. 3530-VI from 16.06.2011; the text of article 12 as amended by law No. 5456-VI from 26.10.2012}, Chapter 2. GRANTING of SUBSOIL USE in Article 13. Users of the subsoil Users the bowels may be enterprises, institutions, organizations, citizens of Ukraine, foreigners and persons without citizenship, foreign legal entities.

Users of the subsoil under production sharing agreements can be citizens of Ukraine, foreigners, stateless persons, legal entities or other States, the Association of legal entities established in Ukraine or abroad (investors) that meet the requirements of the legislation. Association of legal entities, which is not a legal entity can be a user of subsoil under the production sharing agreement, provided that the members of this Association are jointly liable for the obligations envisaged by the agreement on the distribution of products.

{Article 13 completed part of the second according to the law No. 2562-VI dated 23.09.2010} article 14. Types of subsoil use Nadra are use to: geological study, including research and industrial development of mineral deposits of national importance;

extraction of mineral resources;


construction and operation of underground structures not related to extraction of mineral resources, including facilities for underground storage of oil, gas and other substances and materials, and disposal of hazardous substances and wastes, effluents;

creation of geological areas and objects, which are of great scientific, cultural, and recreational values (research polygons, geological reserves, game reserves, monuments of nature, medical, sanitary facilities, etc.);

performance of work (activities), stipulated by the agreement on the distribution of products;

{Article 14 update: new paragraph pursuant to law No. 2562-VI dated 23.09.2010} satisfying other needs.

Article 15. Terms of subsoil use Nadra are permanent or temporary use.

Constant recognized subsoil without advance fixed term.

Temporary use of the land interior can be short-term (up to 5 years) and long-term (up to 50 years). If necessary, the terms of the temporary use of the land interior can continue.

{Part three article 15 as amended by law No. 2562-VI dated 23.09.2010} Course term subsoil begins from the day of reception of the special permission (license) on subsoil use, if it is not provided otherwise in the case of an agreement on the distribution of products-from the day specified in such agreement.

{Part four article 15 as amended by law No. 2562-VI dated 23.09.2010} Article 16. Special permits for subsurface use {Title of article 16 as amended by law no 3370-IV dated 19.01.2006} {first part of article 16 is possible on the basis of law no 3370-IV dated 19.01.2006} special permits for subsurface use provided the winners of auctions, except in cases determined by the Cabinet of Ministers of Ukraine, the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, or the Council of Ministers of Autonomous Republic of Crimea to develop mineral deposits local significance on the territory of Autonomous Republic of Crimea. The order of conducting of auctions on sale of special permits for subsurface use and the manner of their provision are established by the Cabinet of Ministers of Ukraine.

{Part two article 16, as amended by the law No. 2562-VI dated 23.09.2010; as amended by law No. 2856-VI from 23 Dec; amended by law No. 3530-VI from 16.06.2011}

{About suspending part two article 16 see Laws No. 1344-IV of 27.11.2003 # 2285-IV dated 23.12.2004, # 2505-IV from 25.03.2005 No. 3235-IV dated 20.12.2005, no. 489-V from 19.12.2006 no. 107-VI from 28.12.2007, no. 309-VI from 03.06.2008, # 2154-VI of 27.04.2010 No. 2774-VI from 03.12.2010} Granting special permits for subsurface use, except subsoil under production sharing agreements concluded in accordance with the law of Ukraine "on production sharing agreements", is carried out after prior agreement with the respective Council of the issue of the provision of land for these purposes, except when in the provision of land is not necessary.

{Part three of article 16, as amended by the law No. 5406-VI from 02.10.2012} in the case of some types of work related to the use of the land Interior, persons not specified in the special permit, responsibility for the execution of the conditions stipulated by special permission, is subject, got special permission.

For certain types of subsoil or individual users of the bowels can be certain limitations stipulated by legislation of Ukraine.

Owner permission on subsoil use may not give, sell or otherwise alienate rights granted him special permission to subsoil use, other legal or physical person, including transferring them to the statutory capital created for his participation of the subjects, as well as make changes as contribution to joint activities.

{Part of the sixth article 16 as amended by law No. 2856-VI from 23 Dec}

{For suspending a portion of the sixth article 16 see Laws No. 1344-IV of 27.11.2003 # 2285-IV dated 23.12.2004, # 2505-IV from 25.03.2005 No. 3235-IV dated 20.12.2005, no. 489-V from 19.12.2006 no. 107-VI from 28.12.2007, no. 309-VI from 03.06.2008, # 2154-VI of 27.04.2010 No. 2774-VI from 03.12.2010} procedure and conditions of competition on the conclusion of agreements on the distribution of products are defined by the law of Ukraine "on production sharing agreements". Special permission for subsoil use under conditions of product distribution seems to be based on the signed production sharing agreements and should include all types of subsoil use and other data and information provided under this agreement. Subsoil use rights can be transferred to third parties together with the transmission of rights and obligations under the agreement on the distribution of products and with the obligatory re-issuance of a special permit for subsoil use in accordance with the law of Ukraine "on production sharing agreements".

{Article 16 the completed part of the seventh according to law No. 2562-VI dated 23.09.2010} Reissue special permits for subsurface use, making these changes, the issuance of duplicates of the continuing validity of special permits for subsurface use, stop their validity or cancellation, updating their actions in case of a suspension made the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil in the established by the legislation.

{Article 16 update: new part in accordance with law No. 5456-VI from 26.10.2012} Granting special permits for subsurface use entity that received the integral property complex of the State coal company in lease or concession, by renewal of special permits for subsurface use issued by the vugledobuvnomu company of the State sector of the economy, integral property complex which is rented or concession, by the name of the entity that has received the integral property complex of such coal enterprise in lease or concession on the validity of such special permission and without competition (auction).

{Article 16 completed part of according to law No. 3687-VI from 20.05.2010} lease or concession integral property complex of State coal enterprises in the period of receipt of tenant permit or a special permit for subsoil use and mining drainage of the tenant or koncesìoner carries out the extraction of coal and lignite; (brown coal) on the object, a downloadable lease or concession on the basis of the current authorization on subsoil use and mining drainage of State coal Enterprise , integral property complex which is rented or concession, but not more than 12 months from the day of conclusion of the contract of lease or concession.

{Article 16 completed part of according to law No. 3687-VI from 20.05.2010} Granting special permits for subsurface use entity, which privatizuvav State vugledobuvne enterprise in accordance with the law of Ukraine "about the privatisation of coal mining enterprises", by renewal of special permits for subsurface use, given that vugledobuvnomu enterprise, the name of the entity that it privatizuvav, the period of validity of such special permission and without holding an auction.

{Article 16 completed part of according to law No. 4650-VI from 12.04.2012} article 17. Mining non-Mining drainage is part of the bowels, provided users for industrial development of mineral deposits and goals not related to extraction of mineral resources. Subsoil use outside of the mining right of way is prohibited.

Taps for mining development of mineral deposits of national importance, the construction and operation of underground buildings and other purposes not related to extraction of mineral resources, provided by the central body of the Executive power, which implements the State policy in the sphere of labour protection, except the cases stipulated by this code.

Taps for mining development of mineral deposits local significance provided by the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils and are subject to registration in the central body of the Executive power, which implements the State policy in the sphere of labour protection.

{Part three of article 17, as amended by Laws No. 3530-VI from 16.06.2011 # 5456-VI from 26.10.2012} when providing mining outlets are resolved questions about the correctness of separation of mineral deposits to private mining outlets to prevent the abandoning of taps out less by areas of deposits and not suitable for self development, compliance with safety during mining and blasting in the development of mineral deposits and use of subsoil for purposes other not related to extraction of mineral resources, prevention of hazards to people, property and the environment.

The order of mining drainage the Cabinet of Ministers of Ukraine.

The provision of mine drainage to investors, which signed a production sharing agreement, is based on production sharing agreements concluded by the issuance of a corresponding Act, the form and content of which shall be determined by legislation.

{Article 17 completed part of the sixth according to law No. 2562-VI dated 23.09.2010} Article 18. The provision of land for the needs related to the use of the land Interior Providing land for the needs related to the use of the land Interior, produced in accordance with the land legislation.

Land plots for subsoil use, except in cases provided by article 23 of this code, provided by the users of the subsoil after getting them special permits for subsurface or underground outlets.

Local councils in providing land for the development of mineral deposits local significance at the same time provide, and bowels.

Article 19. Provision of bowels in use


Nadra is provided in the use of the enterprises, institutions, organizations and citizens only if they have permission to use the piece of the bowels. Law on subsoil use stamp Act on granting the mining right of way.

At the conclusion of the agreements on the distribution of products of Nadra provided for use on the basis of production sharing agreements with the special permission of the subsoil and the Act on granting the mining right of way.

{Article 19 update: new part in accordance with law No. 2562-VI dated 23.09.2010} subsoil use is carried out without provision of the mining right of way or express permission in cases stipulated by this code.

Article 20. Granting of subsoil for geological study For geological study, including for research and industrial development of mineral deposits of national importance, Nadra in use are provided without providing the mining right of way after obtaining a special permit for geological study of the subsurface.

Research and industrial development of mineral deposits of national importance is carried out with the aim of clarifying their individual geological and other parameters, the choice of rational methods of extraction of mineral raw materials on the basis of the project, these works, coordinated with the central body of the Executive power, which implements the State policy in the sphere of labour protection. Ripped during the research and development of industrial minerals are subject to implementation in General.

Article 21. Provision of bowels in use for extracting underground waters (except mineral) and development of deposits of peat {title of article 21 amended by law No. 867-VIII from 08.12.2015} Nadra in use for extracting underground waters (except mineral) and development of deposits of peat are provided without providing the mining right of way on the basis of special permits, except in cases provided by article 23 of this code shall be issued after the previous consent of the Council of Ministers of Autonomous Republic of Crimea , oblast, Kyiv and Sevastopol City State administrations, the central body of the Executive power, which implements the State policy in the sphere of labour protection, and the central body of the Executive power, which implements the State policy in the field of sanitary and epidemic wellbeing of the population.

{Article 21 amended by Law No. 5456-VI from 26.10.2012, no. 867-VIII from 08.12.2015} Article 22. Granting of subsoil for disposal of wastes and other harmful substances, the discharge of wastewater to the provision of the bowels for disposal of wastes and other harmful substances, effluents are allowed in exceptional cases, when observing the norms, rules and requirements stipulated by legislation of Ukraine.

The bowels of the specified targets are provided in accordance with article 19 of this code on the results of special studies and on the basis of projects executed at the order of related enterprises, institutions and organizations.

Article 23. The right of landowners and land users on the extraction of minerals of local importance, peat, and underground waters (except mineral) and subsurface use for other purposes {name of article 23, as amended by the law No. 867-VIII from 08.12.2015} Landowners and zemlekoristuvačì within the given them land plots are entitled without special permits and mining drainage extract minerals of local significance and peat with a total depth of development up to two meters as well as underground water (except mineral) for all purposes, except for the production of drinking water, provided that the volume of the extraction of groundwater from the each of the water intakes is less than 300 cubic meters per day.

{Part one of article 23, as amended by the law No. 2849-VI from 22.12.2010; as amended by law No. 867-VIII from 08.12.2015} Landowners and zemlekoristuvačì, which are agricultural producers, the share of agricultural production which for the previous tax (fiscal) year equals or exceeds 75 percent, except as provided by part one of this article, within the given them land plots are entitled without special permits and mining drainage extract underground water (except mineral) for agricultural , production, as well as their own economic and household needs.

{Part of the article 23 as amended by law No. 867-VIII from 08.12.2015} Extract minerals of local significance and peat with the use of special technical means which can lead to unwanted changes of the environment agrees with local councils, the Council of Ministers of the Autonomous Republic of Crimea and oblast, Kyiv and Sevastopol City State administrations.

{Part of the article 23, as amended by Laws No. 3530-VI from 16.06.2011 # 5456-VI from 26.10.2012}, Chapter 3. The rights and obligations of USERS of BOWELS of Article 24. The rights and obligations of users of subsoil Users the bowels have the right: 1) to the provided them to the area of subsurface geological study, a comprehensive development of mineral deposits and other works under the terms of the special permit or production sharing agreements;

{The paragraph 1 of article 24 amended by law No. 2562-VI dated 23.09.2010} 2) dispose of extracted minerals, unless otherwise stipulated by legislation or the conditions of the authorization;

3) to carry out under the authorization provided to preserve the use of mineral deposits or a part thereof;

4) on the first prolongation of the term of the temporary use of the land Interior;

5) use additional rights as envisaged by the agreement on the distribution of products.

{The first part of article 24, paragraph 5 of the law No. 2562-VI dated 23.09.2010} subsurface Users are obliged to: 1) use of the subsoil in accordance with the purposes for which they were granted;

2) ensure completeness of geological exploration, rational, integrated use and protection of the subsoil;

3) to ensure the safety of people, property and the environment;

4) lead land plots affected when using the subsoil, in a condition fit for their further use in social production;

4-1) provide and disclose information about State and local taxes and fees, and other payments, as well as industrial (economic) activity required to ensure transparency in the extractive industries, according to the order, approved by the Cabinet of Ministers of Ukraine;

{The second part of article 24, paragraph 4-1 of the law No. 521-VIII from 16.06.2015} 5) perform other requirements on subsoil use, established by the legislation of Ukraine and a production sharing agreement.

{Item 5 of part two article 24 amended by law No. 2562-VI dated 23.09.2010} user rights and obligations arise from the bowels of the receipt of the authorization on the subsoil and subsoil use rights on the terms of production sharing agreements-from the date of entry into force of this agreement, unless otherwise provided by this agreement.

{Article 24 completed part of the third according to law No. 2562-VI dated 23.09.2010}

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