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FEDERAL LAW OF THE RUSSIAN FEDERATION

of February 21, 1992 No. 2395-1

About subsoil

(as amended on 08-12-2020)

Subsoil is part of the crust located below soil layer, and in case of its absence - below the land surface and bottom of reservoirs and water currents stretching to depths available to geological studying and development.

This Law governs the relations arising in the field of geological studying, use and protection of subsoil, development of technologies of geological studying, exploration and production of hardly removable minerals, use of waste of mining and the related processing industries, specific mineral resources (brine of estuaries and lakes, peat, sapropel and others), underground waters, including passing waters (the waters extracted from subsoil together with oil, gas and gas condensate (further - hydrocarbonic raw material), and the waters used by subsoil users for own production and technological needs.

This Law contains legal and economic basis of complex rational use and protection of subsoil, provides protection of interests of the state and citizens of the Russian Federation, and also the rights of subsoil users.

Section I. General provisions

Article 1. Legislation of the Russian Federation on subsoil

The legislation of the Russian Federation on subsoil is based on the Constitution of the Russian Federation and consists of this Law and other Federal Laws and other regulatory legal acts, and also the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to it.

This Law acts on all territory of the Russian Federation, and also governs the subsurface use relations on the continental shelf of the Russian Federation according to federal legal acts for the continental shelf and rules of international law.

The laws and other regulatory legal acts of subjects of the Russian Federation cannot contradict this Law.

In case of contradiction of the laws and other regulatory legal acts of subjects of the Russian Federation to provisions of the Federal Laws governing the subsurface use relations this Law and other Federal Laws are effective.

The relations connected with use and protection of lands, water objects, plant and animal life, atmospheric air, arising when using natural resources are regulated by the relevant legislation of the Russian Federation and the legislation of subjects of the Russian Federation.

The specific relations connected with geological studying and production of separate types of mineral raw materials, and also burial of radioactive waste and toxic substances can be regulated by other Federal Laws with respect for the principles and provisions established by this Law.

The subsurface use relations with foreign legal entities and physical persons are governed by this Law, other Federal Laws and other regulatory legal acts of the Russian Federation.

Features of the relations of subsurface use on the terms of the Section of products are established by the Federal Law "About Production Sharing Agreements".

Article 1.1. Legal regulation of the relations of subsurface use

Differentiation of areas of jurisdiction and powers between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation in the field of state regulation of the relations of subsurface use is performed by the Constitution of the Russian Federation and the Federal Laws adopted according to it.

Subjects of the Russian Federation adopt the laws and other regulatory legal acts for the purpose of regulation of the relations of subsurface use within the powers.

Local government bodies have the right to perform regulation of the relations of subsurface use within the powers conferred to them by the current legislation.

Article 1.2. Property on subsoil

Subsoil in borders of the territory of the Russian Federation, including underground space and the minerals containing in subsoil, energy and other resources is state-owned property. Questions of ownership, use and order of subsoil are under joint authority of the Russian Federation and subjects of the Russian Federation.

Subsoil plots cannot be subject of purchase, sale, donation, inheritance, contribution, pledge or to be alienated in other form. Mineral rights can be alienated or pass from one person to another in that measure in what their turnover it is allowed by the Federal Laws.

The minerals and other resources extracted from subsoil under the terms of the license can be in federal state-owned property, property of subjects of the Russian Federation, municipal, private and in other patterns of ownership.

Article 2. State fund of subsoil

The state fund of subsoil is constituted by the used sites representing geometrizovanny blocks of subsoil, and not used parts of subsoil within the territory of the Russian Federation and its continental shelf.

Ownership, use and the order of the state fund of subsoil within the territory of the Russian Federation for the benefit of the people living in the corresponding territories, and all people of the Russian Federation are performed jointly by the Russian Federation and subjects of the Russian Federation.

Federal executive bodies and executive bodies of subjects of the Russian Federation within the powers approve state programs of geological studying of subsoil, reproduction of mineral resources and rational use of subsoil, on representation of federal body of management of the state fund of subsoil and under control of bodies of the representative authority resolve issues of subsurface use, protection of subsoil and environmental protection.

Article 2.1. Subsoil plots of federal importance

For the purpose of ensuring defense of the country and safety of the state certain subsoil plots belong to subsoil plots of federal importance.

The list of subsoil plots of federal importance is officially published by federal body of management of the state fund of subsoil according to the procedure, established by the Government of the Russian Federation, in the official publication of the Russian Federation.

Subsoil plots belong to subsoil plots of federal importance:

1) the containing fields of uranium, especially net quartz raw materials, rare lands of yttric group, nickel, cobalt, tantalum, niobium, beryllium, radical diamond fields, radical (ore) fields of lithium or radical (ore) fields of metals of platinum group, with the inventories considered by the state stock balance of minerals since January 1, 2006;

2) the fields located in the territory of the subject of the Russian Federation or the territories of subjects of the Russian Federation and containing based on data of the state stock balance of minerals since January 1, 2006:

with recoverable oil reserves from 70 million tons;

with gas inventories from 50 billion cubic meters;

radical (ore) with gold holdings from 50 tons;

with copper inventories from 500 thousand tons;

3) internal sea waters, territorial sea, continental shelf of the Russian Federation;

4) when using of which use of the parcels of land from structure of lands of defense, safety is necessary.

Subsoil plots of federal importance which list is officially published according to part two of this Article keep the status of subsoil plots of federal importance irrespective of change of the requirements established by this Article if other is not established by the Federal Law.

If in the course of the geological studying of subsoil performed including according to the combined license, the subsoil user who is the legal entity with participation of foreign investors or the foreign investor finds the mineral deposit meeting for the characteristics the requirements established by part three of this Article, the Government of the Russian Federation can make the decision on refusal in provision of right to use by the subsoil plot for exploration and production of minerals on this subsoil plot of federal importance to such person or in case of implementation of geological studying of subsoil according to the combined license the decision on the termination of right to use by the subsoil plot for exploration and production of minerals on this subsoil plot of federal importance in case of threat to defense of the country and safety of the state. The procedure for adoption of such decisions is established by the Government of the Russian Federation.

Expense recovery for search and assessment of the found mineral deposit and the amount paid in accordance with the terms of the combined license of one-time payment for use of the subsoil plot to persons to whom according to part five of this Article it is refused provision of right to use by the subsoil plot for exploration and production of minerals on the subsoil plot of federal importance and payment to such persons of remuneration are performed at the expense of means of the federal budget according to the procedure, established by the Government of the Russian Federation.

In this Law the concept "foreign investor" is used in the value specified regarding the 2nd article 3 of the Federal Law of April 29, 2008 to No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".

Article 2.2. Federal fund of reserve subsoil plots

For the purpose of ensuring in the long term needs of the Russian Federation for strategic and scarce types of minerals the federal fund of reserve subsoil plots is created of the subsoil plots which are not provided in use.

The subsoil plots included in federal fund of reserve subsoil plots are not provided in use before decision making about exception them from federal fund of reserve subsoil plots.

Decisions on inclusion of subsoil plots in federal fund of reserve subsoil plots and on exception of subsoil plots from it are accepted by the Government of the Russian Federation on representation of authorized federal executive body if other is not established by the Federal Laws.

Article 2.3. Subsoil plots of local value

Subsoil plots of local value treat:

1) the subsoil plots containing popular minerals;

2) the subsoil plots used for construction and operation of the underground constructions of local and regional value which are not connected with mining;

3) the subsoil plots containing underground waters which are used for the purposes of drinking and economic and household water supply (further - drinking water supply) or technical water supply and which amount of production makes no more than 500 cubic meters per day, and also for the purposes of drinking water supply or technical water supply of gardening non-commercial partnerships and (or) gardening non-commercial partnerships.

Preparation and approval of lists of subsoil plots of local value concerning 1 parts one of this Article of subsoil plots of local value specified in Item are performed by executive bodies of subjects of the Russian Federation in coordination with federal body of management of the state fund of subsoil or its territorial authorities.

The procedure for preparation, consideration, approval of lists of subsoil plots of local value or refusal in approval of such lists is established by federal body of management of the state fund of subsoil.

Article 3. Powers of federal bodies of the government in the field of regulation of the relations of subsurface use

In the field of regulation of the relations of subsurface use treat powers of federal bodies of the government:

1) development and enhancement of the legislation of the Russian Federation on subsoil;

2) determination and realization of federal policy of subsurface use, determination of strategy of use, rates of reproduction, further expansion and high-quality improvement of mineral resources by development and implementation of federal programs;

3) development and approval of regulations and rules of use and protection of subsoil, and also classifications of inventories and forecast resources of minerals;

3. 1) establishment of procedure for determination of the amount of collection for participation in tenders or auctions on right to use by subsoil plots;

4) creation and maintaining single system of federal fund of geological information on subsoil and its territorial funds; approval of lists of primary geological information on subsoil and the interpreted geological information on the subsoil represented by subsoil users to federal fund of geological information and its territorial funds, funds of geological information of subjects of the Russian Federation for types of use of natural resources and types of minerals, requirements to contents of geological information on subsoil and form of its representation, procedure for submission of geological information on subsoil to federal fund of geological information and its territorial funds, funds of geological information of subjects of the Russian Federation, procedure and conditions of use of geological information on subsoil which owner is the Russian Federation, lists of the geological information on subsoil provided by subsoil users in federal fund to geological information and its territorial funds funds of geological information of subjects of the Russian Federation and transferred to temporary storage to subsoil users, procedure for its temporary storage by subsoil users; establishment of procedure for representation of samples of rocks, core, reservoir liquids, fluids and other material carriers of primary geological information on subsoil in the state specialized storages, their storages, processings and descriptions;

4. 1) creation and operation of the federal state information system "Single Fund of Geological Information on Subsoil" (further - single fund of geological information on subsoil), and also establishment of procedure for creation and operation of single fund of geological information on subsoil, structure of information provided by owners to information in single fund of geological information on subsoil, procedure for information exchange of the operator of single fund of geological information on subsoil with owners of this information and its users, procedure for ensuring access to information containing in single fund of geological information on subsoil, order of interaction of single fund of geological information on subsoil with other state information systems, format of entering of records into the register of primary geological information on subsoil and the interpreted geological information on subsoil of single fund of geological information on subsoil;

5) state examination of inventories of minerals and underground waters, geological information on the subsoil plots provided in use, except for subsoil plots of local value, and also except for inventories of popular minerals and inventories of underground waters which are used for the purposes of drinking water supply or technical water supply and which amount of production makes no more than 500 cubic meters per day;

6) official publication of the list of subsoil plots of federal importance in the official publication determined by the Government of the Russian Federation, forming of federal fund of reserve subsoil plots, establishment of lists of subsoil plots right to use by which it can be granted on the terms of production sharing agreements;

6. 1) forming together with subjects of the Russian Federation of regional lists of the minerals carried to popular minerals;

6. 2) approval of lists of the subsoil plots of local value represented by executive bodies of subjects of the Russian Federation, or refusal in approval of the specified lists;

6. 3) establishment of procedure for preparation, consideration, approval of lists of the subsoil plots of local value represented by executive bodies of subjects of the Russian Federation, or refusal in approval of the specified lists;

7) creation and maintaining the state stock balance of minerals; the state accounting of the subsoil plots used for mining and construction of the underground constructions which are not connected with mining; creation and maintaining the state inventory of fields and shows of minerals; state registration of works on geological studying of subsoil, establishment of procedure for creation and maintaining the state stock balance of minerals, procedure for creation and maintaining the state inventory of fields and shows of minerals, procedure for creation and maintaining territorial stock balances and inventories of fields and shows of popular minerals;

7. 1) establishment of procedure for determination of the specific sizes of rates of regular payments for use of natural resources;

8) order subsoil of the continental shelf of the Russian Federation;

8. 1) establishment and approval of rules of preparation of engineering designs of development of mineral deposits by types of minerals, rules of preparation of the project documentation on carrying out geological studying of subsoil and investigation of mineral deposits by types of minerals and rules of development of mineral deposits by types of minerals;

9) introduction of restrictions for use of natural resources on certain sites for ensuring national security and environmental protection;

10) the order together with subjects of the Russian Federation the state fund of subsoil, except for the sites which are under exclusive authority of the Russian Federation;

11) approval of agreements on the terms of the Section of products;

12) coordination of the research and development works connected with use of natural resources;

13) protection of the rights of subsoil users and interests of citizens of the Russian Federation;

14) the dispute resolution concerning use of natural resources between subjects of the Russian Federation;

15) the conclusion of international treaties of the Russian Federation on geological studying, use and protection of subsoil;

16) establishment of procedure of the state supervision of geological studying, rational use and protection of subsoil, organization and implementation of federal state supervision of geological studying, rational use and protection of subsoil;

17) the conclusion of production sharing agreements when using of subsoil plots;

18) establishment of procedure for the organization and implementation of federal state supervision of safe operation, connected with use of natural resources (further - the state mountain supervision);

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