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CODE OF UKRAINE

of July 27, 1994 No. 132/94-BP

About subsoil

(The last edition from 13-03-2018)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Concept about subsoil

Subsoil is part of the crust located under land surface and bottom of reservoirs and stretching to depths available to geological studying and development.

Article 2. Tasks of the Code of Ukraine about subsoil

Task of the Code of Ukraine about subsoil is regulation of the mountain relations with the purpose of ensuring rational, complex use of subsoil for requirements satisfaction in mineral raw materials and other requirements of social production, protection of subsoil, guaranteeing when using natural resources safety of people, property and the surrounding environment, and also protection of the rights and legitimate interests of the companies, organizations, organizations and citizens.

Article 3. Legislation on subsoil

The mountain relations in Ukraine are governed by the Constitution of Ukraine, the Law of Ukraine "About protection of the surrounding environment", this Code and other acts of the legislation of Ukraine which are issued according to them.

Features of use of natural resources during execution of the agreements on distribution of products including connected with provision, transfer, restriction, temporary prohibition (stop) and the termination of mineral right, and also with legal registration of such relations are regulated by the Law of Ukraine "About agreements on distribution of products".

The land, forest and water relations are governed by the relevant legislation of Ukraine.

Article 3-1. Features of application of regulations of this Code

If the laws on use of oil-and-gas subsoil, in particular the Law of Ukraine "About oil and gas", the Law of Ukraine "About gas (methane) of coal fields" and the Law of Ukraine "About agreements on distribution of products", establish other regulations, than those which are provided in this Code then are applied regulations of these laws.

Article 4. Property on subsoil

Subsoil is exclusive property of the Ukrainian people and is provided only in use. Agreements or actions which in straight line or the latent form violate the property right of the Ukrainian people on not Wad Dra are invalid. The Ukrainian people perform the subsurface mineral right through the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local councils.

Separate powers concerning the order subsoil can be conferred by the legislation of Ukraine corresponding executive bodies.

Article 5. State fund of subsoil and state fund of mineral deposits

The state fund of subsoil includes as the used subsoil plots, and subsoil plots which are not involved in use including the continental shelf and exclusive (sea) economic zone.

The mineral deposit is heap of mineral substances in subsoil, on the Earth's surface, in sources of waters and gases, at the bottom of reservoirs which by quantity, quality and conditions of bedding are suitable for industrial use.

Technogenic mineral deposits are places where waste of production, enrichment and conversion of mineral raw materials which inventories are estimated collected and have industrial value. Such fields can arise also owing to storage losses, transportation and use of products of conversion of mineral raw materials.

All mineral deposits, including technogenic, with the inventories estimated as industrial constitute the State fund of mineral deposits, and all previously estimated mineral deposits - reserve of this fund.

The state fund of mineral deposits is part of the state fund of subsoil.

The state fund of mineral deposits and reserve of this fund is created the central executive body, realizing state policy in the field of geological studying and rational use of subsoil.

The state fund of subsoil is created the central executive body, realizing state policy in the field of geological studying and rational use of subsoil together with the central executive body, realizing state policy in the field of labor protection.

Article 6. Types of minerals

Minerals on the value are divided into minerals of nation-wide and local value. Reference of minerals to minerals of nation-wide and local value is performed by the Cabinet of Ministers of Ukraine on representation of the central executive body providing forming of state policy in the field of protection of the surrounding environment.

Article 7. Competence of the Verkhovna Rada of Ukraine in the field of regulation of the mountain relations

In the field of regulation of the mountain relations treats maintaining the Verkhovna Rada of Ukraine:

1) legislative regulation of the mountain relations;

2) determination of the main directions of state policy in the field of geological studying, use and protection of subsoil;

3) it is excluded;

4) it is excluded;

4-1) it is excluded;

5) permission of other questions in the field of regulation of the mountain relations according to the Constitution of Ukraine.

Article 8. Competence of the Cabinet of Ministers of Ukraine in geological studying, use and protection of subsoil

In the field of geological studying, use and protection of subsoil treats maintaining the Cabinet of Ministers of Ukraine:

1) realization of state policy in the field of regulation of the mountain relations;

2) implementation of the state control of geological studying, use and protection of subsoil, and also behind education and use of technogenic fields and conversion of mineral raw materials;

3) determination of procedure for activities executive bodies in the field of use and protection of subsoil, coordination of their activities;

4) ensuring development of nation-wide and regional programs in the field of geological studying, use and protection of subsoil;

5) determination of rates of use, further expansion and high-quality improvement of mineral resources;

6) determination of procedure for use of subsoil and their protection, development and approval of the corresponding standards, regulations and rules;

7) establishment of collection for issue of special permissions to use of natural resources;

8) creation of single system of the State information geological fund and determination of procedure for the order geological information;

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