ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 18, 2018 No. 346

About approval of Rules of monitoring of accomplishment by subsoil users of contract obligations (license) for subsurface use

According to Item 2 of article 66 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of monitoring of accomplishment by subsoil users of contract obligations (license) for subsurface use.

2. Recognize invalid:

1) the order of the Minister of investments and development of the Republic of Kazakhstan of April 28, 2015 No. 500 "About approval of Rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts" (registered in the Register of state registration of regulatory legal acts at No. 11762, published on August 6, 2015 in information system of law of Ad_let);

2) the order of the Minister of investments and development of the Republic of Kazakhstan of November 25, 2016 No. 811 "About modification of the order of the Minister of investments and development of the Republic of Kazakhstan of April 28, 2015 No. 500 "About approval of Rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts" (registered in the Register of state registration of regulatory legal acts at No. 14688, published on February 6, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. To provide to department of subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2) and 3) this Item.

4. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

5. This order becomes effective since June 29, 2018 and is subject to official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 18, 2018 No. 346

Rules of monitoring of accomplishment by subsoil users of contract obligations (license) for subsurface use

Chapter 1. General provisions

1. These rules of monitoring of accomplishment by subsoil users of contract obligations (license) for subsurface use (further - Rules) are developed according to Item 2 of article 66 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and determine procedure of monitoring of accomplishment by subsoil users of obligations (further - monitoring) by contracts and (or) licenses for subsurface use.

2. Monitoring according to these rules is performed by the following types to contracts and licenses for subsurface use:

1) to licenses for investigation of solid minerals;

2) to licenses for production of solid minerals;

3) to licenses for production of popular minerals;

4) to licenses for prospecting;

5) to the contracts for investigation and (or) production of solid minerals signed before enforcement of the Code except contracts on uranium production;

6) to the contracts for investigation and (or) production of popular minerals signed before enforcement of the Code.

3. Monitoring is performed by the state body issuing the corresponding license type on subsurface use and (or) being the contract party on subsurface use according to the Code, functions and powers, stipulated by the legislation the Republic of Kazakhstan.

4. Monitoring is component and method of control of accomplishment by subsoil users of obligations according to licenses and contracts for subsurface use properly according to their conditions and requirements of the Code.

5. Monitoring is performed on the basis of the analysis of the reporting represented by subsoil users according to the Code, the data of space monitoring containing signs of violations of the law of the Republic of Kazakhstan, and the data received by state body from other sources, including from other documentation which is subject to representation by subsoil users.

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