Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

It is registered

in the Ministry of Justice of Ukraine

September 19, 2011.

No. 1097/19835

ORDER OF THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE

of August 29, 2011 No. 303

About approval of the Technique of determination of the sizes of indemnification caused to the state as a result of unauthorized use of natural resources

According to Item 4 of the Regulations on the Ministry of Ecology and Natural Resources of Ukraine approved by the Presidential decree of Ukraine of 13.04.2011 No. 452, the Code of Ukraine about subsoil and article 20 of the Law of Ukraine "About protection of the surrounding environment" PRIKAZYVAYU:

1. Approve the Technique of determination of the sizes of indemnification caused to the state as a result of unauthorized use of natural resources.

2. To provide to the state ecological inspection of Ukraine (there Lived P.B.) submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

3. I reserve control over the implementation of this order.

4. This order becomes effective from the date of its official publication.

 

Minister M. V. Zlochevsky

Approved by the Order of the Ministry of Ecology and Natural Resources of Ukraine of August 29, 2011 No. 303

Technique of determination of the sizes of indemnification caused to the state as a result of unauthorized use of natural resources

I. General provisions

1.1. This Technique is developed according to the Code of Ukraine about subsoil, Tax the code of Ukraine, the Code of Ukraine about administrative offenses, the Law of Ukraine "About protection of the surrounding environment", the Mountain law of Ukraine and other regulatory legal acts on subsoil.

1.2. In this Technique terms are used in such value:

protection of subsoil - set of actions which provide the most complete complex withdrawal of minerals, preserving or admissible changes of geomorphological structures, properties and ecological condition of the upper layer of lithosphere;

unauthorized use of natural resources - use of natural resources in the absence of the allowing documentation on use of natural resources provided by the law.

1.3. This Technique establishes the main requirements concerning procedure for determination of the caused losses and is applied in case of determination of indemnification, caused to the state as a result of unauthorized use of natural resources.

1.4. This Technique extends to officials who are authorized to exercise the state supervision (control) of use and protection of subsoil, according to the powers conferred to them.

1.5. The base rate of losses in shares of minimum wage is the basis for charge of losses (m.z.pl.), given in appendix 1 to this Technique.

1.6. The example of calculation of the losses caused to the state as a result of unauthorized use of natural resources is given in appendix 2 to this Technique.

1.7. This Technique is applied in case of determination of indemnification, caused to the state as a result of unauthorized use of natural resources, including peat with a general depth of development over two meters.

1.8. The losses caused as a result of violation of the law about subsoil are subject to compensation to the state by legal entities and physical persons, including foreign persons and stateless persons, according to the legislation.

II. Procedure for factual determination of violation of the law about protection of subsoil and amounts of self-willedally got subsoil

2.1. The fact of unauthorized use of natural resources is determined by persons who are authorized to exercise the state control (supervision) of use and protection of subsoil during planned and unplanned actions of the state supervision (control).

2.2. For factual determination of unauthorized use of natural resources and scoping of the got subsoil direct measurement (measurements of developments, pits, cumulative subsoil) together with the analysis of materials of exploration works (geological, cards of hydrogeology of fields is used in case of their availability).

III. Calculation of the losses caused to the state as a result of unauthorized use of natural resources

3.1. Losses are calculated persons who are authorized to exercise the state supervision (control) of use and protection of subsoil.

3.2. The size of the losses (Z) established upon unauthorized Use of natural resources is determined by establishment of the amount of self-willedally got subsoil (Di) increased by base rate (appendix 1) indemnification (Pi), on formula

Формула к Приказу от 29.08.2011 г. №303

where S - amount sign;

where Di - amount of self-willedally got subsoil (t; CBM; kg);

Pi - base rate of losses in shares of minimum wage;

No. - the size of minimum wage (UAH).

For scoping of self-willedally got subsoil directly on the place of production carry out direct measurements of the linear sizes: lengths, width and heights, calculate amount through the work of the linear sizes by means of appropriate means of the measuring equipment which has metrological confirmation.

3.3. The losses calculated by this Technique are levied vsootvetstviya with the legislation.

 

The deputy minister is the chief of staff D.D.Mormul

Appendix No. No. 1-2

to the Technique of determination of the sizes of indemnification caused to the state as a result of unauthorized use of natural resources

See Appendix No. No. 1-2 (8Kb In original language)

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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