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CODE OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2017 No. 125-VI ZRK

About subsoil and subsurface use

General part

Section I. Basic provisions

Chapter 1. General provisions

Article 1. Legislation of the Republic of Kazakhstan on subsoil and subsurface use

1. The legislation of the Republic of Kazakhstan on subsoil and subsurface use is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

3. In contradiction cases between this Code and other laws of the Republic of Kazakhstan containing the regulations governing the relations in the sphere of subsurface use provisions of this Code are applied.

4. The civil legislation of the Republic of Kazakhstan is applied to the relations in the sphere of subsurface use in cases when they are not settled by regulations of this Code.

Article 2. The relations regulated by this Code

1. This Code determines the mode of use of natural resources, procedure of public administration and regulation in the sphere of subsurface use, feature of origin, implementation and termination of the rights to subsoil plots, legal status of subsoil users and carrying out the corresponding transactions by them, and also questions of use of natural resources and the order the right of subsurface use and other relations connected with use of resources of subsoil.

2. Use of lands, water and other natural resources is regulated according to the land, water and ecological legislation of the Republic of Kazakhstan determining the mode of use and protection of the appropriate natural resources.

3. Participants of the relations regulated by this Code are the state, citizens and legal entities of the Republic of Kazakhstan.

4. Foreigners, stateless persons, and also foreign legal entities have the rights and freedoms in the Republic of Kazakhstan and perform the duties in the relations on subsurface use established for citizens and legal entities of the Republic of Kazakhstan if other is not provided by this Code, the laws and international treaties ratified by the Republic of Kazakhstan.

Article 3. Purpose and tasks of the legislation of the Republic of Kazakhstan on subsoil and subsurface use

1. The purpose of the legislation of the Republic of Kazakhstan on subsoil and subsurface use is ensuring sustainable development of mineral resources of the Republic of Kazakhstan for the economic growth of the state and welfare of society.

2. Tasks of the legislation of the Republic of Kazakhstan on subsoil and subsurface use are:

1) protection of the property right of the state to subsoil;

2) realization of state policy and regulation of the relations in the sphere of subsurface use;

3) respect for interests of the state, citizens of the Republic of Kazakhstan and rights of subsoil users;

4) surplus of mineral resources of the Republic of Kazakhstan;

5) establishment of the bases, conditions and procedure for origin, implementation, change and termination of mineral rights;

6) providing the legal basis for sustainable development of subsurface use;

7) creation of conditions for investment attraction in geological studying of subsoil and subsurface use;

8) strengthening of legality in the sphere of subsurface use.

Article 4. Principles of the legislation of the Republic of Kazakhstan on subsoil and subsurface use

Legal regulation of the relations in the sphere of subsurface use is based on the principles:

1) rational management of subsoil of the state fund;

2) providing ecological safety when using natural resources;

3) availability of information in the sphere of subsurface use;

4) subsurface use paid nature;

5) conscientiousness of subsoil users;

6) stability of conditions of subsurface use.

Article 5. Rational management of subsoil of the state fund

Rational management of subsoil of the state fund is provided with provision of the right of subsurface use for the purpose of the economic growth of the state and welfare of society.

Article 6. Ecological safety when using natural resources

Subsurface use shall be performed by ecologically safe methods with taking measures, the subsoil directed to prevention of pollution and decrease in harmful effects on the environment.

Article 7. Availability of information in the sphere of subsurface use

1. Information in the sphere of subsurface use is available if other is not provided by this Code or other laws of the Republic of Kazakhstan.

2. The state provides open access to:

1) information on auctions for provision of the right of subsurface use, their conditions and results;

2) to decisions of state bodies on provision and termination of the right of subsurface use;

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