Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

MODEL CODE OF COMMONWEALTH OF INDEPENDENT STATES

of December 7, 2002 No. 20-8

About subsoil and subsurface use for the State Parties of the CIS

Accepted by the resolution of Inter-parliamentary Assembly of the State Parties of the CIS of December 7, 2002, No. 20-8

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Object of the relations of subsurface use

1. Subsoil is carriers of natural resources and acts as object of the relations of subsurface use regulated by the legislation on subsoil and subsurface use, except for the relations, specified in Item 5 of Article 3 of this Code.

2. Objects of other relations connected with use and protection of subsoil are determined by those industries of the legislation which standards the legislation on subsoil and subsurface use shall meet.

Article 2. Legislation on subsoil and subsurface use

1. According to the constitution the legislation on subsoil and subsurface use is under exclusive authority of the state.

2. The legislation on subsoil and subsurface use consists of of this Code, other laws, normative presidential decrees of the state and the orders of the Government of the state, and also, in the cases provided by the Constitution, the laws and other regulatory legal acts of territorial administrative units of the state.

The regulations of mining law containing in other laws shall correspond to this Code.

3. The ministries and other state bodies of the executive authority can publish the regulations containing regulations of mining law in the cases and limits provided by this Code, the laws, presidential decrees and the orders of the Government of the state.

Article 3. The relations regulated by the legislation on subsoil and subsurface use

1. The legislation on subsoil and subsurface use determines the mode of use and protection of subsoil, procedure of public administration and regulation in the field of use and protection of subsoil, feature of origin, implementation and the termination of the rights to subsoil plots, and also legal status of subsoil users and their economic activity, questions of ownership, use and order of subsoil and other relations connected with use and protection of subsoil (the mountain relations).

2. The property relations are governed by the civil legislation.

3. Financial, including tax, the relations can be governed by the legislation on subsoil and subsurface use only in that measure in what it will not contradict tax and other financial legislation of the state.

4. The procedure public authorities of public administration and regulation in the field of use and protection of subsoil is established by the legislation on subsoil and subsurface use according to the administrative legislation.

5. Use of lands, water and other natural resources is regulated according to the land, water and other legislation determining the mode of use and protection of the appropriate natural resources.

Article 4. Participants (subjects) of the relations of subsurface use

1. Participants of the relations of subsurface use (the mountain relations) are the state, administrative and territorial units of the state, municipalities, citizens, legal entities and physical persons, and also citizens and legal entities of foreign states.

2. On behalf of the state, municipalities public authorities of the state and local government bodies according to their powers established by the regulatory legal acts determining the status of these bodies participate in the subsurface use relations (the mountain relations).

3. The citizens and legal entities participating in the subsurface use relations (the mountain relations) after acquisition of rights subsoil plots acquire the status of subsoil users.

Article 5. Operation of the legislation on subsoil and subsurface use in time

1. Acts of the legislation on subsoil and subsurface use have no retroactive force and are applied to the mountain relations which arose after enforcement of the laws governing these relations and other regulatory legal acts.

2. To the mountain relations which arose before enforcement of the act of the legislation on subsoil and subsurface use, such act is applied concerning the rights and obligations which arose after its introduction in action.

3. If rights to use by subsoil plots arose before enforcement of the legislation on subsoil and subsurface use establishing other rights and obligations of the corresponding participants of the mountain relations, then the rights and obligations determined according to earlier current legislation remain in force.

Article 6. Operation of the legislation on subsoil and subsurface use in space

1. The legislation on subsoil and subsurface use acts on the territory of the state, including the territorial sea, and also on the continental shelf and in exclusive economic zone of the state.

2. Use and protection of subsoil of underwater areas of the continental shelf of the state and seabed of exclusive economic zone of the state are performed according to the legislation on subsoil and subsurface use if other does not follow from the rules of international law and the laws determining the status and procedure for protection of the continental shelf and exclusive economic zone of the state.

The mode of use and protection of subsoil and other relations connected with use and protection of subsoil can be determined by the laws differently, than it is provided in the legislation on subsoil and subsurface use, only if they are incompatible with procedure of the sovereign rights and jurisdictions of the state on the continental shelf and in exclusive economic zone of the state.

3. Use and protection of subsoil of bottom of the seas and oceans which are outside jurisdiction of the state are performed according to international treaties of the state.

Chapter 2. Subsoil and their resources

Article 7. Concept of subsoil

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

Article 8. Minerals and their classification

1. Minerals the natural mineral educations containing in subsoil, hydrocarbons and underground waters which chemical composition and physical properties allow to use them in the field of production of goods and consumption directly or after conversion are recognized.

The petrified biological remaining balance which is also in subsoil belongs to minerals.

Minerals according to this Code are subdivided into ore, nonmetallic, combustible, popular and underground waters.

2. Minerals are subdivided, in view of their economic value, for the purpose of establishment of their corresponding legal status of rather set mode of use and protection of subsoil, into the following types:

1) strategic minerals;

2) specific minerals;

3) popular minerals;

4) underground waters.

3. Reference of minerals to types, stipulated in Item 2 these Articles, is made by state body of the executive authority, authorized to exercise public administration in the field of use and protection of subsoil if other is not established by this Code.

4. Can be added to lists of minerals by decisions of state body of the executive authority, authorized to exercise public administration and regulation in the field of use and protection of subsoil, the substances which are meeting the requirements of Item 1 of this Article, but not having so far application.

Article 9. Ore minerals

Ore minerals are recognized:

a) native metals;

b) ores of ferrous, non-ferrous, rare, radioactive metals, rare-earth elements.

Article 10. Nonmetallic minerals

Nonmetallic minerals are recognized:

a) mining and chemical raw materials (salts, gypsum, barite, sulfur, phosphorites, apatites);

b) fire-resistant, electrotechnical, piezooptical, warm and sound-proof, kisloto-and shchelochnouporny raw materials;

c) construction materials;

d) precious, ornamental and technical stones;

e) other minerals which are not carried or to ore, to either combustible, or popular minerals, or underground waters.

Article 11. Combustible minerals

Combustible minerals are recognized:

a) firm - stone and brown coal, combustible slates, oil-bearing slates and oil-bearing sands, peat;

b) liquid - oil and gas condensate;

c) gaseous - the natural gas including containing in coal layers.

Article 12. Underground waters

1. Underground waters the waters which are in underground water objects which can move under the influence of gravity in the reported time (cracks, emptiness) rocks and their inventories are recognized are filled at the expense of natural and artificial factors.

2. Underground waters on the structure, properties, target use and legal regime of their use and protection are subdivided on:

fresh waters,

medicinal mineral waters,

the mineralized industrial waters,

geothermal waters,

waters of mineral deposits.

3. Reference of underground waters to the types listed in Item 2 of this Article is made by state body of the executive authority, authorized to exercise public administration in the field of use and protection of subsoil and water resources if other is not established by water or other legislation of the state.

Article 13. Strategic minerals

1. Strategic minerals are recognized:

1) combustible minerals:

a) oil and oil-bearing slates;

b) gas condensate;

c) natural gas, except for containing in coal layers;

2) ore minerals: uranium, manganese, chrome, titanium, bauxites, copper, nickel, lead, molybdenum, tungsten, tin, zirconium, tantalum, niobium, cobalt, scandium, beryllium, antimony, lithium, germanium, rhenium, rare-earth yttric group, precious metals (gold, silver, platinum, palladium, rhodium, iridium, ruthenium, osmium);

3) nonmetallic minerals:

a) gemstones (diamonds, emeralds, rubies, sapphires, alexandrite, unique amber educations);

b) especially net quartz raw materials.

2. The list of strategic minerals can be changed by the law of the state.

3. The obligation can be established by the law in case of sale by subjects of production of strategic minerals in priority procedure to offer them for purchase to the organizations, especially for it authorized by the government.

Limits when licensing and quoting their export for foreign sale (export) are established by the Government.

Article 14. Specific minerals

Specific minerals the separate types of combustible or ore, or nonmetallic minerals which are not carried according to this Code or to strategic, to either popular mineral, or underground waters are recognized.

Article 15. Popular minerals

Popular minerals sand, sandy loam, pebble, crushed stone, gravel, sandstone, clay, loam, the loess, soapstone, aleurolite, chalk, limestone, dolomitic marl, izverzhenny breeds, volcanic breeds, the changed breeds and slates, peat are recognized.

The list of popular minerals affirms the government of the state.

Article 16. Mineral raw materials

Mineral raw materials the minerals extracted and undergone preprocessing, except for the underground waters referred to category either fresh, or medical or geothermal are recognized.

Article 17. Underground space

1. Underground space the part of subsoil used as environment for stay of people, placement of objects of productive, scientific and other activity, and also used as environment for course of the processes having practical application is recognized.

2. The natural or artificially created cavities of subsoil, and also other subsoil plots suitable for use for the purpose of specified in Item 1 of this Article can be objects of underground space.

3. Other resources of subsoil which are in limits of this site, including minerals and energy are not recognized component of underground space of the subsoil plot.

4. Natural cavities which are completely filled with the solid, liquid, gaseous substances and (or) their mixes which are in natural (natural) state do not belong to underground space.

Article 18. Geoenergy and geothermal resources

Geoenergy resources - any power manifestations arising in the natural and artificial way in Earth subsoil:

- heat of Earth,

- geothermal waters,

- the static and dynamic tension arising in array of rocks

- deformation manifestations,

- natural and artificial flows,

- electromagnetic fields.

Geothermal resources the part of geoenergy resources including all products of geothermal processes, including underground geothermal waters, vapor and brines is recognized, considering artificially entered into underground geothermal formations; heat and other energy containing in underground geothermal formations.

Article 19. Geothermal waters

1. Vapor, heat and other types of the energy associated with geothermal waters, and also any containing in association with such waters and water vapor of impurity, except for hydrocarbons belong to geothermal waters provided that the cost of the extracted impurity does not exceed 75 percent from the alternative energy price containing in geothermal waters irrespective of technical capability of extraction of the specified impurity.

2. Fields of geothermal waters are classified as fields of high-temperature geothermal waters and the field of low-temperature geothermal waters according to the criteria established by state body of the executive authority authorized to exercise control and regulation in the field of use and protection of water resources.

Section II. Public administration and regulation in the field of use and protection of subsoil

Chapter 3. Tasks and system of public administration and regulation in the field of use and protection of subsoil

Article 20. The purpose and tasks of public administration and regulation in the field of use and protection of subsoil

1. Public administration and regulation in the field of use and protection of subsoil is performed for the purpose of reproduction of mineral resources, rational operation of resources of subsoil, safe conducting mining operations, preserving subsoil and the surrounding environment.

2. In the field of use and protection of subsoil enters tasks of public administration and regulation:

- organization of geological studying of subsoil;

- determination of procedure for mining, development and use of other resources of subsoil;

- determination of measures for rational use and preserving subsoil;

- control in the field of use and protection of subsoil;

- implementation of supervision of safe operation, connected with use of natural resources;

- implementation of supervision of protection natural, including geological, environments.

Article 21. State supervision of use and protection of subsoil

1. Task of the state control in the field of use and protection of subsoil is ensuring compliance by all legal entities and citizens of the legislation, regulating documents (standards, limits, regulations and rules), other specifications and technical documentation in the field of use and protection of subsoil.

2. The state control in the field of use and protection of subsoil is carried out by state body of the executive authority, authorized to exercise public administration and regulation in the field of protection and use of subsoil, and (or) state body of the executive authority, authorized to exercise the state mountain supervision.

3. The procedure for the state control in the field of use and protection of subsoil is established by the government of the state.

Article 22. The state supervision of safe operation, connected with use of natural resources

1. Task of the state supervision of safe operation, the subsoil connected with use, ensuring compliance by all legal entities and citizens established by the legislation, regulating documents (standards, limits, regulations and rules), other specifications and technical documentation of requirements for safe conducting mining operations, to the prevention and elimination of their adverse effect on the population, the environment, economic and other objects, and also on protection of subsoil is.

2. The state supervision of safe operation, connected with use of natural resources, is carried out by state body of the executive authority, authorized to exercise the state mountain supervision.

3. The procedure for the state supervision in the field of use and protection of subsoil is established according to the constitution of the state the president of the state and (or) the government of the state.

Chapter 4. System of the executive bodies exercising public administration and regulation in the field of use and protection of subsoil

Article 23. The executive bodies exercising public administration and regulation in the field of use and protection of subsoil

1. Public administration and regulation in the field of use and protection of subsoil according to the laws and normative presidential decrees of the state are performed by the government of the state, state body of the executive authority, authorized to exercise public administration and regulation in the field of protection and use of subsoil.

2. Powers of state body of the executive authority, authorized to exercise public administration and regulation in the field of protection and use of subsoil, and state body of the executive authority, authorized to exercise the state mountain supervision, are determined by the government of the state.

Article 24. The central state body of the executive authority, authorized to exercise public administration and regulation in the field of use and protection of subsoil

1. The central executive body, authorized to exercise public administration and regulation in the field of protection and use of subsoil, is state body of management of the state fund of subsoil.

2. The central executive body, authorized to exercise public administration and regulation in the field of protection and use of subsoil, performs the powers assigned to it directly or through the territorial authorities.

Article 25. The central state body of the executive authority, authorized to exercise mountain supervision

1. The central executive body, authorized to exercise the state mountain supervision, it is designed to provide carrying out the state supervision of use and protection of the subsoil, safe operation connected with use of natural resources and also to perform separate allowing functions.

2. Powers of the central executive body, authorized to exercise the state mountain supervision, are determined by the government of the state.

Chapter 5. Powers (competence) of public authorities in use and protection of subsoil

Article 26. Powers of public authorities in the field of use and protection of subsoil

In the field of use and protection of subsoil treat powers of public authorities:

- enhancement of the mountain legislation;

- implementation of national policy in the field of use and protection of subsoil;

- establishment of general procedure for use and protection of subsoil, development of regulating documents (standards, limits, regulations and rules), other specifications and technical documentation in the field of use and protection of subsoil, including classification of inventories of minerals and other resources of subsoil;

- creation and maintaining single system central and regional funds of geological information;

- mapping of the territory, geometrization of subsoil plots, creation of atlases, cards and other means of evident information;

- state examination of information on explored reserves of minerals and other resources of subsoil, properties of the subsoil determining their value, usefulness or danger;

- determination of lists of the minerals carried to popular;

- creation of the state stock balance of minerals and other resources of subsoil,

- the state accounting of the subsoil plots used for mining and construction of the underground constructions which are not connected with mining;

- maintaining the state inventories of fields and shows of minerals, technogenic mineral deposits, underground cavities of subsoil and other resources of subsoil;

- state registration of works on geological studying of subsoil;

- management of subsoil of the continental shelf of the state;

- introduction of restrictions for use of certain subsoil plots for safety and protection of the surrounding environment;

- management of subsoil of the state fund;

- introduction of the paid nature of use of natural resources and establishment of rates of payments for use of natural resources;

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

- the state control in the field of use and protection of subsoil;

- other powers determined according to this Code and other laws.

Chapter 6. Bases of public administration and regulation in the field of use and protection of subsoil

Article 27. The main beginnings of public administration and regulation in the field of use and protection of subsoil

Public administration and regulation in the field of use and protection of subsoil and state regulation of business and other economic activity cannot be performed by one executive body.

Article 28. Paid nature of use of natural resources

1. Use of natural resources is paid, except as specified, provided by this Code.

2. The paid nature of use of natural resources can be established on the basis of introduction of payment for use of subsoil plots.

Article 29. Urgency of use of natural resources

1. Mineral rights are granted for the term necessary for working off of inventories of minerals of all field.

2. Use of natural resources is performed temporarily. Opportunity to use subsoil is not allowed it is termless if other is not established by this Code.

3. Terms of use of natural resources are determined in documents based on which there is right to use by subsoil plots, except as specified, provided by the law.

Article 30. Unified information system in the field of use and protection of subsoil

1. Geological, hydrogeological, geophysical, geochemical and other information on subsoil and their resources turns out, processed, stored and used on single system in all territory of the state.

2. Information on subsoil and their resources is fixed in materials of the state inventory of fields and shows of minerals and other resources of subsoil, the state stock balance of minerals and other resources of subsoil, materials of mapping, state accounting, state registration and the state statistical reporting in the field of use and protection of subsoil.

3. The materials specified in Item 2 of this Article shall correspond each other and constitute basis of unified information system in the field of use and protection of subsoil.

Chapter 7. The basic principles of public administration and regulation in the field of use and protection of subsoil

Article 31. Providing ecological safety and safety of the population

1. Subsoil plots are provided in use on condition of observance by subsoil users of the established requirements connected with protection of the surrounding environment, and also with ensuring protection of life and human health.

2. When using subsoil the surrounding environment shall be protected and be ensured safety of the population.

Article 32. Activities for use and protection of subsoil as object of public administration and regulation

1. According to the constitution of the state subsoil is the carrier of natural resources which are used and protected as basis of life and activities of the population.

2. The state exercises control of state-owned property on subsoil and state regulation of activities for use and protection of subsoil.

Article 33. State programs in the field of studying, use and protection of subsoil

1. For the purpose of implementation of requirements of the legislation on subsoil and subsurface use development, approval and execution of the state programs providing the specific actions directed to rational use and protection of subsoil is performed.

2. Nation-wide (national) programs of studying, use and protection of subsoil affirm according to the Constitution and the laws of the state the government of the state.

3. Financing of state programs of studying, use and protection of subsoil is performed from means of the national budget according to the law on the budget of the state.

4. Territorial (regional) and local programs are developed, affirm and implemented according to the procedure, provided by the laws of the state.

Article 34. State monitoring of subsoil

1. The state monitoring of subsoil - system of regular observations of condition of subsoil for the purpose of timely identification of changes in their condition, estimates of these changes, the prevention and elimination of effects of negative processes and the phenomena.

2. The procedure for carrying out the state monitoring of subsoil is established by the government of the state.

Article 35. State stock accounting of minerals and other resources of subsoil

1. The revealed inventories of minerals and other resources of subsoil are subject to the state accounting.

2. The state stock accounting of minerals and other resources of subsoil is performed in all territory of the state on single system.

3. Inventories of minerals are classified by single system with the adjacent countries.

Article 36. State examination in the field of studying, use and protection of subsoil

1. Inventories of minerals and other resources of subsoil, geological economic evaluation of feasibility of their economic use, geological, economic and ecological information on the subsoil plots provided in use, the project documentation on conducting exploration works and also on construction and reconstruction of the economic and other objects influencing condition of subsoil and their resources, geological and cartographic products and other materials are subject to state examination.

2. State examination of inventories of minerals and other resources of subsoil establishes their quantity and quality, standards on mineral raw materials, its economic value, mining, hydrogeological, ecological and other conditions of use of subsoil, readiness of the field to industrial development.

3. The state stock accounting of minerals and other resources of subsoil, and also provision of subsoil plots in use are performed only after conducting state examination.

4. Projects of the companies for mining, and also construction projects and reconstruction of the economic and other objects influencing condition of subsoil and their resources are subject to state examination.

5. State examination of the objects specified in item 4 of this Article is carried out by executive body, authorized to exercise the state mountain supervision, according to the procedure, established by the Government of the state.

Article 37. State inventory of fields and shows of minerals

1. The state inventory of fields and shows of minerals contains data on each mineral deposit or the subsoil plot.

2. The state inventory of fields and shows of minerals includes data:

- about quantity and quality of minerals (the main and together with them lying);

- the components containing in minerals;

- mining, hydrogeological, ecological and other conditions of development of mineral deposits or other use of subsoil plots;

- to geological economic evaluation of mineral deposits;

- other characteristics of mineral deposits.

3. The state inventory of fields and shows of minerals is kept by executive body, authorized to exercise public administration and regulation in the field of use and protection of subsoil, according to the procedure, established by the government of the state.

Article 38. State inventory of technogenic fields

1. The state inventory of technogenic mineral deposits is constituted according to developed classification of technogenic fields by each large accumulation of mineral raw materials formed as a result of production and conversion of minerals and which is in the developed space of subsoil or on the Earth's surface (in pits, in underground cameras, in dumps, in tailings dams and so forth).

2. The state inventory of technogenic fields contains data:

- about the space location of the field;

- about the occupied amount (area);

- quantity and quality of minerals;

- the useful components and nature of their distribution (concentration) containing in them in the field;

- degrees of study of the field and reliability of the obtained data;

- mining, hydrogeological, economic and other conditions of mining;

- to field geological economic evaluation;

- other characteristics and parameters of mineral deposits.

3. The list of technogenic fields on which the state inventories are constituted is determined by the government of the state.

4. State the inventory of technogenic fields is kept by executive body, authorized to exercise public administration and regulation in the field of use and protection of subsoil.

Article 39. State inventory of cavities of subsoil

1. The state inventory of cavities of subsoil contains data about everyone registered by executive body, authorized to exercise public administration and regulation in the field of use and protection of subsoil, cavity of subsoil.

2. The state inventory of cavities of subsoil includes data:

- about space coordinates of cavity;

- amount and shape (configuration) of cavity;

- opportunities to place production, economic and other facilities and substances, to perform engineering and other procedures;

- to keep capabilities of cavity in time initial form and amount;

- ecological, geological, mining, hydrogeological and other service conditions of cavities;

- to geological economic evaluation of cavities.

3. The state inventory of cavities of subsoil is kept by executive body, authorized to exercise public administration and regulation in the field of use and protection of subsoil, according to the procedure, established by the government of the state.

Article 40. State stock balance of minerals

1. The state stock balance of minerals contains data on quantity, quality and degree of study of each type of minerals on the fields or subsoil plots having industrial value about their placement, about extent of development, use amounts, losses and about security of needs of the industry with explored reserves of minerals on the basis of the classifications specified in Item 3 of article 39 of this Code.

2. Statement of inventories of minerals on the state balance and write-off from the state balance are performed according to the procedure, established by executive body, authorized to exercise public administration and regulation in the field of use and protection of subsoil.

3. Resources of mineral raw materials of technogenic fields according to the procedure, by the established government of the state can be entered in the state stock balance of minerals.

Article 41. The state regulation in the field of use and protection of subsoil

1. The state regulation in the field of use and protection of subsoil consists in development and adoption of standards, limits, regulations, rules and other regulating documents.

2. Standards, limits, regulations, rules and other regulating documents accepted in accordance with the established procedure are obligatory for execution by all participants of the mountain relations.

3. Standards, limits, regulations, the rules and other regulating documents applied in the field of use and protection of subsoil are developed and affirm according to the procedure, established by the government of the state.

Article 42. State accounting and state registration of works on geological studying of subsoil

1. Works on geological studying of subsoil are subject to the state accounting and state registration in the state register.

2. The procedure for the state accounting and state registration of works on geological studying of subsoil is determined by the central executive body, authorized to exercise public administration and regulation in the field of use and protection of subsoil.

Article 43. Anti-monopoly regulation in the field of use of subsoil

1. It is considered inadmissible and abuse of one or several business entities of the dominant position in the market or on its corresponding part is forbidden if these actions lead to restriction of the competition or infringement of legitimate interests of other business entities or consumers.

2. In case of decision making about provision of mineral rights the anti-monopoly requirements containing in article 67 of this Code shall consider the central governing body of the state fund of subsoil.

Section III. Property on subsoil

Chapter 8. Subsurface mineral right

Article 44. State-owned property on subsoil

1. Subsoil is state-owned property. Underground spaces, minerals, energy and other resources, being components of subsoil, cannot be transferred to the private or municipal property.

2. Subsoil can be provided only in use according to this Code.

Article 45. Content of the right of state-owned property to subsoil

1. The state exercises the rights of possession belonging to it, uses and orders subsoil.

2. The owner according to this Code has the right to give to use to other persons subsoil plots and to make other actions which are not contradicting the laws, regulatory legal acts of the state.

Article 46. The rights of municipalities in the mountain relations

1. The state transfers the order right part of the subsoil plots containing popular minerals, to governing bodies of municipalities.

2. Accounting of subsurface use on these sites is made according to the procedure, established by the Government.

Article 47. Right to use by the popular minerals which are on surface of the parcel of land

The property right of the municipality, citizens and legal entities on the parcel of land grants right to use for own needs the popular minerals which are on this site up to the depth of 5 meters.

Chapter 9. Property right to products and income from use of subsoil

Article 48. The property right to the extracted (withdrawn) minerals and other resources of subsoil

1. The minerals and the used other resources of subsoil extracted legally are property of the subsoil user who got them.

2. In Production sharing agreements and Agreements on concessions the Section between the state and the subsoil user of the extracted minerals in the specified documents shares is possible.

Article 49. The property right to underground constructions and other property located in subsoil

1. Patterns of ownership on underground constructions and other property located in subsoil are determined by the civil legislation.

2. The private or municipal property on underground constructions and other property located in subsoil does not involve change of state-owned property on the respective subsoil plots.

Article 50. Property on geological and other information on subsoil

1. Information on geological structure of the subsoil which is in them minerals and other resources, and also other qualities, characteristics and features of subsoil, containing in geological reports, cards, atlases and other materials can be in property of participants of the mountain relations specified in Article 4 of this Code.

2. The geological and other information obtained by budget funds of the state or budgets of administrative and territorial units of the state is state-owned property.

3. The geological and other information on subsoil obtained by the subsoil user at the expense of own means is its property.

4. Geological and any other information on subsoil irrespective of patterns of ownership on it is free of charge provided in central and territorial geological funds.

5. Central and territorial geological funds have no right during the state of term established by the government without the consent of the owner of geological information to use information transferred to them for commercial purposes.

Article 51. Intellectual property in the field of the mountain relations (pervootkryvatelstvo, the realized forecasts)

Exclusive rights on geological and other information (pervootkryvatelstvo, the realized forecasts) on subsoil (intellectual property) arise in case of recognition of this information result of intellectual activities if it does not contradict this Code and other laws.

Section IV. Right to use by subsoil plots

Chapter 10. General provisions about right to use by subsoil plots

Article 52. Subsoil plot as object of mineral right

The subsoil plot - the geometrizovanny block of subsoil with the space borders determined in accordance with the established procedure.

All resources of subsoil which are in its borders, including the cavities which are in it belong to the subsoil plot.

The popular minerals which are on the parcel of land and recognized by its component do not belong to the subsoil plot.

The subsoil plot and its components cannot be subject of the different rights and obligations if other is not established by the law.

Article 53. Content of right to use by subsoil plots

1. The subsoil user performs the rights of possession belonging to him and uses of the subsoil plot on conditions and in the limits set by the license or the contract for right to use by the subsoil plot, the production sharing agreement about concession and other documents based on which there is right to use by subsoil plots.

2. The subsoil user according to the procedure, established by the legislation having the right to use the parcel of land for implementation of business and other activity, to acquire in property fully or partially the minerals and other resources extracted from subsoil, to use waste of mining and related productions, to limit building of the area of mountain branch, to carry out geological studying of subsoil and to make other actions which are not contradicting the legislation.

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If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.