of February 21, 1995 No. 134
About approval of the Regulations on procedure of the state mountain supervision
According to article 63 of the Code of Ukraine "About subsoil" the Cabinet of Ministers of Ukraine decides:
Ministers of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 21, 1995 No. 134
1. The state mountain supervision is supervision of observance by the companies, organizations, the organizations and citizens (further users) acts of the legislation, rules and regulations concerning conducting the works connected with geological studying of subsoil, their use and protection, and also use and conversion of mineral raw materials.
3. The state mountain supervision is exercised in the way:
performing comprehensive examinations;
approvals of the regulating documentation.
4. During performing comprehensive examinations it is checked:
completeness of studying of mineral deposits, mining, engineering-geological, hydrogeological and other conditions of their development, construction and operation of underground constructions, burials of hazardous substances and production wastes;
timeliness and correctness of putting into operation of the reconnoitered mineral deposits;
fulfillment of requirements concerning protection of subsoil during conducting the works connected with their studying, establishment of standards on mineral raw materials and operation of mineral deposits;
correctness of development of mineral deposits;
completeness of production of inventories of minerals and the components which are available in them;
observance of established procedure of stock accounting of minerals, justification and timeliness of their write-off;
observance of rules and technologies of conversion of mineral raw materials;
correctness and timeliness of holding the actions guaranteeing safety of people, property and the surrounding environment, excavations and boreholes against adverse effect of the works connected with use of natural resources;
observance of rules of carrying out geological and surveying works during development of minerals.
5. Comprehensive examinations are conducted at least once in:
three years - concerning development of valuable minerals;
five years - concerning development of fields of construction materials, conversion of mineral raw materials and operation of underground constructions.
6. Selective checks concerning availability and project implementation of conducting works on geological studying of subsoil, development of mineral deposits and construction of underground constructions, actions of prevention and elimination of adverse effect of mining operations on buildings and constructions, and also accounting, condition and movement of inventories of minerals, the remade raw materials and their losses, are performed in case of need.
7. Bodies of the state mountain supervision approve according to the competence:
special permissions to the types of activity connected with provision of subsoil in use for production of fresh underground waters and development of fields of peat;
tasks on designing and project decisions for trial works, construction of mining objects or underground constructions, objects of storage, warehousing, burial of hazardous substances, production wastes, droppings sewage concerning observance of requirements of rational use and protection of subsoil, and also objects on which conversion of mineral raw materials, rather complete and complex withdrawal of the available components and use of its waste is performed;
rules, instructions and other regulating documents concerning use and protection of subsoil, withdrawal of useful components in the course of conversion of mineral resources, surveying and geodetic works and studying of mineral deposits.
Consideration and adoption of relevant decisions concerning documentation and other materials concerning mountain supervision shall not exceed monthly term.
8. For adoption of the relevant expert decisions on single questions concerning studying and development of mineral deposits, use of mineral raw materials, implementation of actions for safe operation of buildings and constructions bodies of the state mountain supervision can demand from users of creation at their expense expert groups with involvement of the corresponding specialists.
9. In case of violation of requirements of rather mountain studying of subsoil, their protection, and also other requirements established by the legislation, bodies of the state mountain supervision have the right:
provide obligatory for execution of specifying (instruction) about elimination of violations of regulations and rules of conducting works during geological studying of subsoil, their use and protection;
stop the works connected with use of natural resources, stop operation of the companies, objects, separate productions and sites, workplaces and equipment according to the procedure, established by the current legislation of Ukraine;
bring to the administrative responsibility of guilty workers;
demand from subsoil users of reasons concerning write-off of minerals;
make recommendations concerning implementation of new progressive technologies of conversion of mineral raw materials;
send (to give) to users of idea of discrepancy of certain officials of post for holding actions and to transfer to the prosecutor or body of pre-judicial investigation materials about acts in which signs of criminal offense are seen.
10. Decisions of bodies of the state mountain supervision can be appealed according to the procedure, established by the current legislation.
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