Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

The document ceased to be valid since June 29, 2018 according to article 56 of the Law of the Kyrgyz Republic of  May 19, 2018 No. 49

LAW OF THE KYRGYZ REPUBLIC

of August 9, 2012 No. 160

About subsoil

(as amended on 19-04-2017)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2012

Chapter 1. General provisions

Article 1. Scope of this Law

1. The law of the Kyrgyz Republic "About subsoil" (further - this Law) governs the relations arising when using natural resources at the state with physical persons and legal entities and also with other states.

2. The legislation of the Kyrgyz Republic in the field of use of natural resources is based on provisions of the Constitution of the Kyrgyz Republic and consists of this Law and regulatory legal acts of the Kyrgyz Republic adopted according to it.

3. This Law determines procedure for the state legal regulation, competence of public authorities, bodies of local public administrations and local self-government, the right and obligation of physical persons and legal entities, and also responsibility for violation of the legislation of the Kyrgyz Republic in the field of subsurface use.

Article 2. Application of other laws and regulatory legal acts when using natural resources

1. The relations connected with use and protection of lands, water objects, plant and animal life, atmospheric air, arising when using natural resources and not settled by this Law are regulated by the relevant legislation of the Kyrgyz Republic.

2. The mineral right granted according to this Law is not subject to regulation by the legislation of the Kyrgyz Republic on licensing.

3. Features of the relations of subsurface use on the terms of production sharing agreements and concession treaties are established by the relevant laws of the Kyrgyz Republic.

Article 3. Subsurface mineral right

Subsoil is exclusive property of the Kyrgyz Republic, is used as basis of life and activities of the people of Kyrgyzstan and is under special protection of the state.

Article 4. The terms used in this Law

Bonus - the tax for mineral right paid according to the Tax code of the Kyrgyz Republic.

The recovered mineral deposits - the fields of sand-gravel deposits in beds of the rivers which are recovered in the natural way in case of their development.

Selective development - violation of the engineering design the selective extraction from subsoil of the most productive inventories with decrease in industrial value of the remained inventories in subsoil.

Owners of land entitlements - bodies of local public administration, local self-government, authorized state body for realization of state policy for subsurface use which delegates the right of issue of land branches, and owners of lands.

Geological information on subsoil - the geological, mining, technological, economic data (data) on geological structure and history of development of subsoil, structure, properties and on conditions of bedding of rocks, underground waters, minerals and other geological educations, on geophysical and geochemical fields, and also on methods and results of studying and use of subsoil, on the extracted mineral raw materials containing in geological reports, cards, tests, test reports and other materials.

Geological information resources - the documents containing geological and other information on subsoil, and also information products created with their use.

Geological branch - the subsoil plot provided for geological studying of subsoil and determined in graphical documentation in rectangular system of coordinates by its angular points.

Geological studying of subsoil - carrying out geological and search, prospecting, regional geological and film-making, geological, geophysical and other work types.

Geological and search works - the geological researches including stages of the regional, general and detailed search, and also search and estimative works directed to identification of manifestations and mineral deposits with assessment of their forecast resources and feasibility of carrying out on them exploration works.

Exploration works - the geological researches including stages of preliminary and detailed investigation of mineral deposits, including underground waters and thermal resources for the purpose of studying and preparation them to development with determination of quantity and quality of minerals, their technological properties, geological, mining, hydrogeological and other conditions of development with stock counting.

Mountain property - the real estate created or acquired by the subsoil user within land, mountain or geological branch, providing use of natural resources.

Mountain branch - the subsoil plot which depth is determined by depth of distribution of the corresponding minerals, provided for development of minerals and determined in graphical documentation in rectangular three-dimensional system of coordinates by its angular points, and also the subsoil plot provided for placement of the objects which are not connected with development of minerals.

Group of minerals - types of the minerals combined by community of signs. For the purposes of this Law the following groups of minerals are allocated:

1 group. Oil and combustible gases:

- oil and gas;

2 group. Firm combustible minerals:

- coal and combustible slates;

- peat;

3 group. Ore minerals:

- ferrous metals;

- non-ferrous metals:

- precious metals;

- rare metals;

- rare-earth elements;

- radioactive elements;

4 group. Nonmetallic minerals and construction materials:

- carbonate raw materials;

- brick and tile raw materials;

- inert materials;

- gypsum;

- raw materials for production of light fillers;

- facing materials and construction stones;

5 group. Ornamental and gemstones:

- kamnesamotsvetny raw materials;

- gemstones;

6 group. Mining chemical raw materials:

- agrochemical raw materials;

- technical raw materials;

7 group. Fresh and mineral underground waters;

8 group. Rossypny fields of precious metals.

Mining - extraction from subsoil of minerals.

Off-balance inventories - the inventories of minerals considered in the State stock balance of minerals of the Kyrgyz Republic as economically inexpedient for development at the time of their accounting.

The lands provided for use of natural resources - the parcels of land provided to the subsoil user for development of minerals and construction of facilities of infrastructure (roads, warehouses, tailings dams, the power transmission line, the field camp and others), determined in graphical documentation in rectangular system of coordinates by its angular points.

The parcel of land of the State reserve of lands of mineral deposits - the site of the land surface under which the mineral deposits considered by the State stock balance of minerals of the Kyrgyz Republic are reconnoitered, determined in graphical documentation in rectangular system of coordinates by its angular points.

Initiative of transparency of the extracting industries (further - IPDO) - the global international standard promoting ensuring transparency of the income from activities of the extracting industries, providing carrying out reconciliation of payments of the companies and income gained by the Government of the Kyrgyz Republic and regular informing the general public.

Preservation - the temporary termination of geological and search, exploration works and (or) mining of the minerals and (or) works connected with construction and operation of mountain or other property, with preserving possibility of continuation of the stopped works.

The concession treaty - form of mineral right on the basis of the concession treaty between the Government of the Kyrgyz Republic and (or) authorized state body on realization of state policy on subsurface use and the subsoil user in case of which the subsoil user is granted exclusive right on geological studying of subsoil and (or) development of mineral deposits on the conditions determined by the concession treaty.

Liquidation of mountain property - complex of the actions performed in case of the termination of subsurface use and excluding possibility of further use of property, and also ensuring safety of life and health of the population, protection of subsoil and the environment.

The licensee - the physical person or legal entity having the license for mineral right and registered according to the legislation of the Kyrgyz Republic.

The licensed area - the site of the land surface corresponding to the subsoil plot on which the license for mineral right is granted, and determined in graphical documentation in rectangular system of coordinates by its angular points; the size of the licensed area is expressed in square kilometers or hectares.

License fees - the payments which are subject to payment by the licensee for deduction of the license for mineral right according to this Law and the Law of the Kyrgyz Republic "About non-tax payments".

Licensed object - the subsoil plot including the field, show of minerals, the prospective geological area or the object which is not connected with development of minerals, and determined in graphical documentation in rectangular system of coordinates by its angular points.

Licensed body (licensor) - authorized state body on realization of state policy on subsurface use.

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