ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 2, 2021 No. 1906

About approval of Rules of provision of right to use by subsoil plots on the basis, stipulated in Item 2 parts one of article 10.1 of the Law of the Russian Federation "About subsoil"

According to part two of article 10.1 of the Law of the Russian Federation "About subsoil" the Government of the Russian Federation decides:

1. Approve the enclosed Rules of provision of right to use by subsoil plots on the basis, stipulated in Item 2 parts one of article 10.1 of the Law of the Russian Federation "About subsoil".

2. Realization of the powers provided by this resolution is performed by Federal Agency for Subsoil Management within the number of his workers, and also budgetary appropriations provided to Federal Agency for Subsoil Management on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

3. This resolution becomes effective since January 1, 2022.

Approved by the Order of the Government of the Russian Federation of November 2, 2021 No. 1906

Rules of provision of right to use by subsoil plots on the basis, stipulated in Item 2 parts one of article 10.1 of the Law of the Russian Federation "About subsoil"

1. These rules establish procedure for provision by results of auction of right to use by the subsoil plot of federal importance for exploration and production of minerals or for geological studying of subsoil, exploration and production of the minerals performed according to the combined license (further - auction), and in the case provided by part eight of article 13.1 of the Law of the Russian Federation "About subsoil", procedure for provision of right to use by the specified subsoil plot to person whose request conforms to requirements of the Law of the Russian Federation "About subsoil" and to conditions of the announced tender (further - the single applicant), or the single participant of auction for the decision of the auction commission created by the Government of the Russian Federation.

2. Payment of the final amount of one-time payment for use of natural resources (further - one-time payment) or the 1st part of one-time payment is made by the winner of auction, the single applicant or the single participant of auction within 30 days from the date of placement on the official site of the Russian Federation on the Internet for placement of information on tendering (further - the website for placement of information on tendering) the protocol on results of auction, the protocol of consideration of auction participation applications.

3. The winner of auction, the single applicant or the single participant of auction who are granted right to use by the subsoil plot within 30 days from the date of placement on the website for placement of information on tendering of the protocol on results of auction, the protocol of consideration of auction participation applications pay the state fee provided by the subitem 92 of Item 1 of article 333.33 of the Tax Code of the Russian Federation, in accordance with the established procedure.

4. Licensing for use of natural resources to the winner of auction, the single applicant or the single participant of auction is performed according to article 12.1 of the Law of the Russian Federation "About subsoil" after receipt of the final amount of one-time payment or the 1st part of one-time payment into the account of the corresponding administrator of the income of the federal budget, the income of budgets of subjects of the Russian Federation, and also the state fee into the account of the corresponding administrator of the income of the federal budget.

Licensing for use of natural resources earlier than in 10 days from the date of signing by members of the auction commission created by the Government of the Russian Federation, the protocol on results of auction or the protocol of consideration of auction participation applications is not allowed.

5. The Federal Agency on Mineral Resources in the case provided by part thirteen of article 13.1 of the Law of the Russian Federation "About subsoil" no later than 35 days from the date of placement on the website for placement of information on tendering of the protocol on results of auction notifies the participant of auction which offer on the amount of one-time payment preceded the proposal of the initial winner of auction (further - the 2nd participant of auction), about recognition by his winner of auction and about the provision to it rights to use by the subsoil plot on condition of payment of one-time payment in the amount of offered by such participant during the auction, but at least the size of the one-time payment established by conditions of the auction increased by "bid increment" and also posts the specified information on the website for placement of information on tendering.

The notification goes to the e-mail address of the 2nd participant of auction specified in the auction participation application and also by means of the portal of subsoil users and the geological organizations "Personal Account of the Subsoil User" on the official site of Federal Agency for Subsoil Management on the Internet (in the presence).

6. Payment of the final amount of one-time payment or the 1st part of one-time payment is made by the 2nd participant of auction within 30 days from the date of placement on the website for placement of information on tendering of information on provision to it rights to use by the subsoil plot. Within 30 days from the date of placement on the website for placement of information on tendering of information on provision the 2nd participant of auction pays to the 2nd participant of auction of right to use by the subsoil plot the state fee provided by the subitem 92 of Item 1 of article 333.33 of the Tax Code of the Russian Federation, in accordance with the established procedure.

7. In case, stipulated in Item 6 these rules, licensing for use of natural resources to the 2nd participant of auction is performed according to article 12.1 of the Law of the Russian Federation "About subsoil" after receipt of the final amount of one-time payment or the 1st part of one-time payment into the account of the corresponding administrator of the income of the federal budget, the income of budgets of subjects of the Russian Federation, and also the state fee into the account of the corresponding administrator of the income of the federal budget.

8. The mineral right is not granted if in the terms established by these rules, the one-time payment or the 1st part of one-time payment were not paid by results of auction by the winner of auction and the 2nd participant of auction and also if the one-time payment or the 1st part of one-time payment were not paid by the single applicant or the single participant of auction in case of recognition of auction cancelled.

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