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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 6, 2015 No. 760

About approval of the Payment procedure, calculation of payment and rates of payments for deduction of licenses for mineral right

For the purpose of enhancement of legal regulation of subsurface use, according to article 49 of the Law of the Kyrgyz Republic "About subsoil", article 19-2 of the Law of the Kyrgyz Republic "About non-tax payments", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Payment procedure and calculations of payment for deduction of licenses for mineral right according to appendix 1;

- rates of payment for deduction of licenses for mineral right by search of minerals according to appendix 2;

- rates of payment for deduction of licenses for mineral right in case of investigation of minerals according to appendix 3;

- rates of payment for deduction of licenses for mineral right in case of development of minerals according to appendix 4.

2. Owners of licenses for mineral right concerning whom there came force majeure circumstances (force majeure) before entry into force of this resolution shall within three months from the date of entry into force of this resolution notify on such circumstances authorized body on realization of state policy on subsurface use.

3. Declare invalid the paragraph the fifth Item 1 of the order of the Government of the Kyrgyz Republic "About approval of regulatory legal acts in the field of subsurface use" of December 14, 2012 No. 834.

4. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

T. Sariyev

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of November 6, 2015, No. 760

Payment procedure, calculations of payment for deduction of licenses for mineral right

1. General provisions

1. This Procedure determines conditions of payment and calculation of payment for deduction of licenses for mineral right.

2. In this Procedure the following terms are used:

recovery of action of the license for mineral right - procedure for recovery of action of earlier cancelled license for mineral right based on recognition by the invalid decision of judicial authority of the termination (cancellation) of mineral right;

the payer - the person owning and performing the actual use of the license on is right use of natural resources;

payment for deduction of the license for mineral right - the non-tax payment which is subject to payment by the owner (payer) of the license for mineral right;

calculation of payment for deduction of the license for mineral right - the charge and/or recalculation of payment amount for deduction of the license for mineral right which are drawn up in document type, the comprising data on payment;

the actual use of the license for mineral right - ownership and use of the license for mineral right, including the periods of creation of technical documentation, conducting on it examination and receipt of the expert opinion regarding ecological and industrial safety, and also protection of subsoil, receipts of consent of the owner of land entitlements, or obtaining land allotment and use of certain subsoil plot, including works on extraction of minerals from technogenic educations;

force majeure circumstance (force majeure) - circumstance which prevention did not depend on the payer who, because of this circumstance, had no opportunity to perform the actual use of the license for mineral right.

2. Payment references for deduction of the license for mineral right

3. The payment for deduction of the license for mineral right (further - payment) is subject to payment by the payer owning the license for mineral right for the purpose of search and/or investigation, and/or development of mineral deposits in the Kyrgyz Republic.

4. Subject to taxation by payment is the actual use of the license for mineral right within the licensed area by certain types of minerals.

5. Base for calculation of payment by search and/or investigation, and/or in case of development of mineral deposits is the size of the licensed area.

6. The maximum size of the licensed area of search works is not limited.

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