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Ministry of Justice of Ukraine

July 20, 2016

No. 991/29121

ORDER OF THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE

of July 6, 2016 No. 246

About approval of the Regulations on the Commission on questions of subsurface use

According to subitems 1, 2 Items 3, to subitems 2, 3 Items 4 of the Regulations on the Ministry of Ecology and Natural Resources of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of January 21, 2015 No. 32, to Item 25 of the Procedure for the provision of special permissions to use of natural resources approved by the resolution of the Cabinet of Ministers of Ukraine of May 30, 2011 No. 615 (with changes), order:

1. Approve Regulations on the Commission on questions of subsurface use which are applied.

2. To public service of geology and subsoil of Ukraine (Boyarkin N. A.) provide:

submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine;

conducting document flow on activities of the Commission on questions of subsurface use in electronic and paper type.

3. This order becomes effective from the date of its official publication.

4. I reserve control of execution of this order.

Minister

A. Semerak

Approved by the Order of the Ministry of Ecology and Natural Resources of Ukraine of July 6, 2016 No. 246

Regulations on the Commission on questions of subsurface use

1. According to Item 25 of the Procedure for the provision of special permissions to use of natural resources approved by the resolution of the Cabinet of Ministers of Ukraine of May 30, 2011 No. 615 (with changes) (further - the Procedure), for preliminary consideration of materials about provision, prolongation of effective period, suspension, renewal, renewal, cancellation of permissions and modification of special permissions to use of natural resources (further permissions) in Gosgeonedr the Commission on questions of subsurface use (further the Commission) which is effective in structure which affirms the order Gosgeonedr is formed.

The Commissions are included specialists of the Secretariat of the Cabinet of Ministers of Ukraine, the ministries and other central executive bodies.

At least three specialists from Ministry for Protection of the Environment and Natural Resources are part of the Commission.

2. The commission is permanent advisory body Gosgeonedr.

3. Tasks of the Commission are:

preliminary consideration of statements and the documents provided by subjects of managing for receipt of permissions without holding auctions according to Item 8 of the Procedure, documents on prolongation of effective period, renewal, modification of permissions, stops, renewals of action, cancellation of permission according to Items 14, of 16, of 17, 22 and 23 Procedures and other documents provided by structural divisions Gosgeonedr, the specialized state geological enterprises, organizations, the organizations which belong to the management sphere Gosgeonedr attached to them;

provision of offers and recommendations to the Chairman Gosgeonedr about provision of permissions, prolongation of effective period, renewal, modification of permissions, stops, action renewal, cancellation of permission;

coordination of projects of permissions;

preliminary consideration of other questions arising in processing of the documents concerning questions of subsurface use.

4. The commission for accomplishment of the tasks assigned to it in accordance with the established procedure has the right:

receive for work the applications provided by subjects of managing for receipt of permissions without holding auctions according to Procedure Item 8, and 22 both 23 Procedures and other materials necessary for consideration of the specified questions attached to them documents, and also documents on prolongation of effective period, renewal, modification of permissions, stops, action renewal, cancellation of permission according to Items 14, of 16, of 17,;

receive from structural divisions Gosgeonedr, the specialized state geological enterprises, organizations, the organizations relating to the management sphere Gosgeonedr, explanations, reasons, references, information, the conclusions, consultations;

make other actions according to requirements of the current legislation.

5. The commission is formed as a part of the chairman, the vice-chairman and members of the commission.

The commission chairman directs activities of the Commission, presides over its meetings, determines the agenda of the regular meeting, determines procedure for its work (frequency of meetings). In case of absence of the chairman of its obligation the vice-chairman of the Commission performs.

6. Form of work of the Commission are meetings which are convened according to the decision of its chairman. Members of the commission are notified on date of meeting not later than seven days before its carrying out. The draft of the agenda of commission session is created by the relevant structural division Gosgeonedr and not later than five working days before its carrying out it is provided to members of the commission. State geosubsoil shall provide upon the demand of the member of the commission for acquaintance indoors Gosgeonedr commission session materials according to which decisions are made.

Commission session is competent if at it there are more than two thirds of her members.

7. Offers and recommendations of the Commission are considered approved if more than a half of the members of the commission who are present at meeting voted for them by open voting. In case of equal distribution of voices the chairman's voice at meeting is decisive.

The made decisions are drawn up by the protocol which is signed by all members of the commission who are present at meeting and affirms the commission chairman.

The member of the commission who does not support the offer and the recommendation has the right to state in writing special opinion which is applied to the minutes.

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