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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 27, 2008 No. 897

About approval of the Regulations on consideration of requests for receipt of mineral right in case of factual determination of discovery of the field of minerals on the subsoil plot of federal importance or on the subsoil plot which is carried to subsoil plots of federal importance as a result of discovery of the field of minerals by the subsoil user who was carrying out works on geological studying of subsoil of such site at the expense of own means for exploration and production of minerals of the found field

(as amended of the Order of the Government of the Russian Federation of 25.02.2015 No. 164)

According to articles 21 and 16 of the Law of the Russian Federation "About subsoil" the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on consideration of requests for receipt of mineral right in case of factual determination of discovery of the field of minerals on the subsoil plot of federal importance or on the subsoil plot which is carried to subsoil plots of federal importance as a result of discovery of the field of minerals by the subsoil user who was carrying out works on geological studying of subsoil of such site at the expense of own means for exploration and production of minerals of the found field.

2. Recognize invalid:

the order of the Government of the Russian Federation of January 18, 2005 N 27 "About approval of the Regulations on consideration of requests for receipt of mineral right in case of factual determination of discovery of the field of minerals by the subsoil user who was carrying out works on geological studying of subsoil plots of internal sea waters, the territorial sea and the continental shelf of the Russian Federation at the expense of own (including raised) funds, for the purposes of exploration and production of minerals of such field" (The Russian Federation Code, 2005, N 4, the Art. 302);

the order of the Government of the Russian Federation of December 29, 2007 N 981 "About modification of the Regulations on consideration of requests for receipt of mineral right in case of factual determination of discovery of the field of minerals by the subsoil user who was carrying out works on geological studying of subsoil plots of internal sea waters, the territorial sea and the continental shelf of the Russian Federation at the expense of own (including raised) funds, for the purposes of exploration and production of minerals of such field" (The Russian Federation Code, 2008, N 2, the Art. 105).

 

Russian Prime Minister

V. Putin

Approved by the Order of the Government of the Russian Federation of November 27, 2008 No. 897

Regulations on consideration of requests for receipt of mineral right in case of factual determination of discovery of the field of minerals on the subsoil plot of federal importance or on the subsoil plot which is carried to subsoil plots of federal importance as a result of discovery of the field of minerals by the subsoil user who was carrying out works on geological studying of subsoil of such site at the expense of own means for exploration and production of minerals of the found field

1. This Provision establishes procedure for consideration of requests for receipt of mineral right in case of factual determination of discovery of the field of minerals on the subsoil plot of federal importance or on the subsoil plot which is carried to subsoil plots of federal importance (further - the subsoil plot) as a result of discovery of the field of minerals by the subsoil user who was carrying out works on geological studying of subsoil of such site at the expense of own means for exploration and production of minerals of the found field, except for carrying out such works according to the public contract (further - the subsoil user), and also procedure for decision making about refusal in provision of right to use by the subsoil plot for exploration and production of minerals to the legal entity with participation of foreign investors or to the foreign investor in case of threat to defense of the country and safety of the state.

2. According to Item 1 of article 10.1 of the Law of the Russian Federation "About subsoil" right to use by subsoil plots for exploration and production of minerals in case of factual determination of discovery of the field of minerals on the subsoil plot as a result of discovery of the field of minerals by the subsoil user arises based on the decision of the Government of the Russian Federation.

3. The subsoil user submits to Federal Agency for Subsoil Management the application for provision of right to use by the subsoil plot (further - the request) with appendix of the following documents:

a) the copies of constituent documents and the document confirming the fact of entering of record about the legal entity into the Unified State Register of Legal Entities, certified of the procedure established by the legislation of the Russian Federation (with presentation of originals if copies are not certified);

b) the list of persons entering one with the subsoil user group of persons with indication of the bases on which such persons enter into this group, in the form approved by Federal Antimonopoly Service. The group of persons which the subsoil user enters is determined according to the Federal Law "About Protection of the Competition";

c) the copy of the certificate on statement of the subsoil user on accounting in tax authority with indication of identification taxpayer number certified of the procedure established by the legislation of the Russian Federation (with presentation of the original if the copy is not certified);

d) the copy of the balance sheet of the subsoil user in the year preceding application with mark of tax authority about its acceptance;

e) the data documenting availability of own (raised) funds for performance of works on exploration and production of minerals;

e) data on availability of processing equipment and qualified specialists for conducting works on the subsoil plot;

g) copies of licenses for implementation of the separate types of activity connected with use of natural resources in the cases established by the Federal Laws or the documents confirming attraction for implementation of these types of activity of persons having such licenses (with presentation of originals if copies are not certified);

h) data on the planned terms of input of the mineral deposit in industrial development and exit to design capacity, about expected levels of production of mineral raw materials and the offered actions for protection of subsoil and the environment;

i) the data documenting carrying out by the subsoil user works on search and assessment of the mineral deposit on the subsoil plot provided to it in use.

4. The Federal Agency on Mineral Resources within 3 days from the date of receipt of the request and the documents specified in Item 3 this provision sends them to the copy to Federal Antimonopoly Service which considers the provided copies and within 20 days from the date of their obtaining sends information on results of consideration (further - information of Federal Antimonopoly Service) to Federal Agency for Subsoil Management.

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