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CODE OF UKRAINE

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

About subsoil

(as amended on 06-09-2022)

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.

For the purpose of direct realization of the property right of the Ukrainian people to subsoil and for ensuring economic and social interests of citizens of rather transparent use and equitable distribution of the income from use of natural resources citizens of Ukraine have the right according to the law part of the income of the government budget from rent payment for use of natural resources for mining.

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.

Article 5-1. Single state electronic geographic information system of use of natural resources

The central executive body realizing state policy in the field of geological studying and rational use of subsoil creates and provides functioning of single state electronic geographic information system of use of natural resources and its components. The procedure for functioning and information access of single state electronic geographic information system of use by subsoil is established by the Cabinet of Ministers of Ukraine.

Open and non-paid access to single state electronic geographic information system of use of subsoil and its components is performed through the State geological web portal.

The single state electronic geographic information system of use of natural resources includes the following components:

The state fund of subsoil of Ukraine, including the State fund of mineral deposits and reserve of this fund created on the basis of the State inventory of fields and shows of minerals and the State stock balance of minerals taking into account the data received from the State land cadastre;

state register of special permissions to use of natural resources;

state register of oil and gas wells;

state register of artesian wells;

state water inventory (Section "Underground Waters");

state geological web portal;

electronic office of single state electronic geographic information system of use of natural resources and electronic office of the subsoil user;

forms of the reporting under stock accounting of the minerals given by subsoil users;

data on statements on obtaining, prolongation of effective period, modification of the special permissions to use of natural resources provided to the central executive body realizing state policy in the field of geological studying and rational use of subsoil or to Council of Ministers of the Autonomous Republic of Crimea (on minerals) local value in the territory of the Autonomous Republic of Crimea);

the catalog of data on geological information including data on primary (raw) and secondary (processed) geological information;

protocols of State commission of Ukraine on inventories of minerals on conducting state examination and assessment of inventories of minerals;

information on state registration of exploration works;

information on the subsoil plots offered for receipt of special permissions to use of natural resources by holding the auction (the electronic biddings);

information on subsoil plots on which competitions on the conclusion of production sharing agreements are announced;

information on exogenous geological processes (landslides, karsts, villages, flooding, abrasion of coast);

information on restrictions in use of the parcels of land for the purposes of subsurface use;

the other information provided by this Code and other normative legal acts.

The administrator of the State register of special permissions to use of natural resources, the State register of oil and gas wells, the State register of artesian wells, technical administrator of components of single state electronic geographic information system of use of natural resources is the company and/or the companies determined by the central executive body realizing state policy in the field of geological studying and rational use of subsoil which belong to the sphere of its management or concerning which it performs powers on management of corporate laws of the state (including its affiliated enterprises).

The central executive body realizing state policy in the field of geological studying and rational use of subsoil is holder of the State register of special permissions to use of natural resources, the State register of oil and gas wells, the State register of artesian wells which procedures for maintaining affirm the Minister's Office.

The software created for functioning of single state electronic geographic information system of use of natural resources and its components is object of the right of state-owned property.

The single state electronic geographic information system of use of natural resources and its components include geospatial data, metadata and services, promulgation, access to which is provided on the Internet according to the Law of Ukraine "About national infrastructure of geospatial data".

Financing of creation and functioning of single state electronic geographic information system of use of natural resources and its components is performed at the expense of means of the government budget, means of the international technical assistance, and also other sources which are not prohibited by the law.

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 corresponding, 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;

9) organization of state examination and assessment of inventories of minerals;

10) permission of questions of use of subsoil for warehousing and waste disposal of production and other hazardous substances;

11) No. 3959-VI) is excluded according to the Law of Ukraine of 21.10.2011

12) determination of criteria concerning recognition of inventories of minerals insignificant;

13) conclusion of agreements on distribution of products;

14) it is excluded;

15) the conclusion of agreements on distribution of products concerning use of subsoil plots in exclusive (sea) economic zone, on the continental shelf of Ukraine;

15-1) approval of the list of subsoil plots which constitute special scientific, cultural or natural and reserved value and cannot be provided in use on the terms of agreements on distribution of products;

15-2) approval of report forms about payments for benefit of the state, consolidated statement about payments for benefit of the state, the report on the received payments which move subjects of managing which perform activities in the extracting industries, and receivers of payments;

16) permission of other questions in the field of management and control of use and protection of subsoil.

Article 9. Competence of the Verkhovna Rada of the Autonomous Republic of Crimea in the field of regulation of the mountain relations

To competence of the Verkhovna Rada of the Autonomous Republic of Crimea according to the procedure, established by this Code and other legal acts, belongs:

1) distribution between the corresponding local budgets of payment for use of natural resources;

2) No. 3959-VI) is excluded according to the Law of Ukraine of 21.10.2011

3) development, approval and accomplishment of local development programs of mineral source of raw materials, rational use and protection of subsoil;

4) the announcement of geological objects which constitute scientific or cultural value, objects of natural and reserved fund of local value;

5) the solution of other questions in the field of regulation of the mountain relations determined by the law.

Article 9-1. Competence regional, Kiev and Sevastopol city councils in the field of regulation of the mountain relations

To competence regional, Kiev and Sevastopol city councils according to the procedure, established by this Code and other legal acts, belongs:

1) No. 2805-IX is excluded according to the Law of Ukraine of 01.12.2022

2) No. 3959-VI) is excluded according to the Law of Ukraine of 21.10.2011

3) No. 402-IX is excluded according to the Law of Ukraine of 19.12.2019;

4) distribution between the corresponding local budgets of payment for use of natural resources;

5) development, approval and accomplishment of local development programs of mineral source of raw materials, rational use and protection of subsoil;

6) the announcement of geological objects which are of scientific or cultural value, objects of natural and reserved fund of local value;

7) the termination of the right to use of the subsoil plot in the cases and procedure provided by this Code;

8) control of use and protection of subsoil;

9) the solution of other questions in the field of regulation of the mountain relations determined by the law.

Article 9-2. Competence of Council of Ministers of the Autonomous Republic of Crimea in the field of regulation of the mountain relations

To competence of Council of Ministers of the Autonomous Republic of Crimea according to the procedure, established by this Code and other legal acts, belongs:

1) provision of subsoil in use for development of mineral deposits of local value;

2) No. 402-IX is excluded according to the Law of Ukraine of 19.12.2019;

3) development and ensuring accomplishment of local development programs of mineral source of raw materials, rational use and protection of subsoil;

4) the termination of right to use by the subsoil plot in the cases and procedure provided by this Code;

5) control of use and protection of subsoil;

6) the solution of other questions in the field of regulation of the mountain relations determined by the law.

Article 10. Competence of village, settlement, city and regional councils and councils of the integrated territorial communities in the field of regulation of the mountain relations

To maintaining village, settlement, city and regional councils and councils of the integrated territorial communities in their territory according to the procedure, established by this Code and other legal acts, belongs:

1) No. 2805-IX is excluded according to the Law of Ukraine of 01.12.2022

2) implementation of local development programs of mineral resources, rational use and protection of subsoil;

3) restriction of activities of the companies, organizations, organizations and citizens in cases and according to the procedure, provided by this Code;

4) control of use and protection of subsoil;

5) permission of other questions in the field of regulation of the mountain relations within the competence.

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