License to use subsoil: features and deadlines

Subsoil, in accordance with the Constitution, is considered state property. They are provided to interested parties in operation. The activities of enterprises are based on a licensing system. A license for the use of subsoil, a sample of which will be presented in the article, acts as a special document provided by a competent government agency. Graphic, textual and other materials are attached to it, in which the key conditions for the activities of stakeholders are determined. The conditions under which licenses are issued for the use of subsoil resources are determined depending on the type of work.

General rules

The RF Law "On Subsoil" establishes that the provision of plots for development is carried out through the organization of tenders or auctions. Based on the results of such events, a decision is made that acts as the basis for obtaining an authorization document. Mineral deposits in continental shelf provided to entities by government order. It is possible to operate sites without a tender. They are provided to enterprises carrying out the burial of toxic compounds and radioactive waste, as well as geological surveys.

The specifics of obtaining permission

Subsoil, as mentioned above, are recognized as the property of the Russian Federation. They cannot be acquired, inherited, donated, or mortgaged. However, the regulations in force in the country provide for the right to use subsoil. To do this, the interested party must obtain the appropriate paper. Geological surveys, extraction of natural resources and other activities are carried out on the basis of permission. It acts as a confirmation of the conclusion of an agreement between the state and the entrepreneur. Under this agreement, mineral deposits are transferred to interested parties for operation for a specific period. Its duration, as well as other conditions of this agreement are given, as a rule, in graphic and textual applications.

Classification

The RF Law "On Subsoil" defines various types of activities of entities related to the exploitation of natural resources. Accordingly, for each type of work provides its own permission. The state provides documents for:

1. Geological exploration. In this case, the citizen gets the opportunity to search for sites where certain types of natural resources are located, as well as evaluate their estimated volume. To study the crustal objects that can be involved in the operation and construction of underground structures, if mining is not functionally related to them, it is also necessary to obtain this type of permit. It should be noted that the documents provided for the implementation of research activities do not make it possible to carry out detailed intelligence activities. In this case, the subject is allowed to study only those types of resources that are given in the application.
2. Mining. A subject who has received this type of permit has the ability to conduct detailed reconnaissance of the area. They can carry out mining, processing waste products within the mining allotment provided by authorized bodies.Investigations of the plots can be conducted without additional permission. However, for the implementation of this work, it is necessary to obtain the consent of the environmental control authorities, sanitary and mining supervision.
3. Construction and operation of facilities not intended for exploration and mining. For example, it can be facilities for storing gas and oil products, burial of toxic compounds and so on.
4. Organization of the creation of objects for inclusion in the list of specially protected complexes that have important medical, scientific, cultural, historical, aesthetic and other significance. These include ecological reserves, training grounds, natural monuments, etc.

A license for the use of mineral resources, the construction and operation of facilities, the creation of protected complexes is granted only to sites that have undergone official examination.

When is permission needed?

The legislation establishes cases when the issuance of a license is mandatory. In particular, a permit is necessary if the company plans to conduct business related to the study of the area to search for valuable natural resources for their subsequent extraction. A document is also needed if the subject intends to dispose of industrial waste, construction of facilities for storing production resources. Mandatory license to use subsoil for underground water extraction. They are also natural resources like gas or oil. Subjects involved in the organization of research sites, reserves, health, resort areas, also need a license to use subsoil. No permit is required if the widespread natural resources located within the site are intended to be exploited for non-commercial (economic) purposes.

Who is the document issued to?

Subsoil use license is granted:

1. To individual entrepreneurs.
2. To participants of a simple partnership.
3. Legal entities formed by citizens independently (at their own expense) or with the attraction of foreign investment.

If for the implementation of certain types of activities that are closely related to the exploitation of natural resources, a separate permit is required before undertaking the proposed work, the entity must obtain it in advance.

Rules for obtaining

A license to use subsoil is granted, as a rule, as part of an auction or competition. Without these measures, permission can be obtained in exceptional cases by decision of a specially created commission. It is formed by the federal body for managing the state natural resources fund. The composition of the commission includes representatives of the executive branch of the country. To participate in the competition interested party must send a request in a timely manner and provide the necessary documents. They are indicated in the accompanying list of the official announcement of the event. If a competition is held, then the participant will be recognized as the winner, from whom, in the opinion of the commission, the most economically advantageous proposal was received. Moreover, it, of course, must comply with the established environmental and technological requirements. During the auction, the winner will be the participant who offers the largest amount for the right to use subsoil. Permits are granted by the Ministry of Natural Resources and Ecology. The agency responsible for the process is the Federal Agency (Rosnedra). If the event is held to obtain permission to operate federal sites, the application is evaluated when the government of the country is connected.The decision to grant a license for the operation and construction of underground facilities for activities that are not related to production should be made after agreement with the Gortechnadzor.

Required documents

An entity wishing to participate in the competition must draw up an application. It must contain information:

1. About the applicant. Information is provided on the place of production of the main activity of the enterprise, economic relations with financial and other partners, and so on.
2. About the owners of the applicant company, representatives and composition of the management.
3. The financial condition of the enterprise. This information should confirm the company's ability to fulfill the planned scope of work.
4. Previous completed projects.
5. The scientific and technical base of the company and the technological capabilities of the contractors involved.

The application must also indicate the list of states in which the company has operated over the past five years. The applicant also draws up a subsoil use project. It includes specific proposals for the implementation of the planned activities. As an application, the interested entity must provide copies certified by a notary or a company seal:

1. Extract from the register.
2. St.-va on registration as a legal entity.
3. Sv-va on state registration / re-registration of the enterprise.
4. Information on registration with the Federal Tax Service and the payment of all mandatory payments.
5. Of the Charter.
6. Balance sheet. Copies of this document are provided both for the current year and for the year preceding the filing of the application. The balance should include marks on acceptance by the tax service.

Refusal to accept documents

In some cases, the application may be left without consideration. An interested entity may be refused to accept it if:

1. It is aimed at violating the requirements of regulatory enactments.
2. The content of the application does not comply with the established conditions of the tender / auction.
3. The subject cannot provide evidence of the availability of the necessary financial and technical means for the implementation of the project.
4. The applicant tried to mislead the commission by providing false information about himself.
5. Upon transfer to a subsoil entity for use, the provisions of the antimonopoly legislation will be violated.
6. The applicant does not meet all the requirements for the contestants.

Event progress

The administration of the region or the government of the Russian Federation with the participation of Rosnedr decide on the organization of an auction / tender. The corresponding announcement is placed on the official portal for tendering in relation to federal and municipal property. The notification should appear on the site in 90 days. before the competition and for 45 days. - until the date of the auction. After the announcement of the announcement, the participants compose and send their applications with the necessary documents. A competition or auction is held on the appointed date. If the event is recognized as held, a decision is made within a month to approve its results. The winner is granted a license to use subsoil.

Cost

The entrepreneur must make the following payments:

1. For participation in the auction / competition - a one-time fee. Payment is made by all applicants and acts as one of the mandatory stages of the event. The amount of a one-time fee is established by the Resedra for each individual case.
2. At least 10% of the tax on the extraction of natural resources (in the case of the development of gas or oil pools - at least 5%). The total amount is fixed in the permit.
3. Regular deductions for the operation of resources. The calculation is carried out by the Federal Agency (Rosnedra). The rate is determined for 1 square. km of the area under development.

The procedure for payment of a license granted without an auction / tender is determined by the Federal Law. In such cases, the subject deducts the established state duty.In general, obtaining permission costs 6 thousand rubles. Additional costs will require the execution of supporting documents.

The timing

The license is provided by:

1. For the implementation of research work - 5 liters.
2. For geological and geological and physical activities in the territory of Yakutia, Kamchatka, Krasnoyarsk, Khabarovsk territories, Irkutsk, Magadan, Sakhalin regions, Yamalo-Nenets Autonomous Okrug - for 7 years.
3. For the implementation of research work of the inland water area and the shelf area - by 10 liters.
4. For the extraction and subsequent operation of groundwater - for 25 years.
5. For the extraction of natural resources - for the period of full development of the pool.
6. For the operation and construction of underground facilities for activities not related to the extraction of minerals, for the creation of specially protected complexes and so on - indefinitely.

Deprivation of Permission

The current normative acts do not establish clear criteria according to which a license can be revoked. The process can be started when significant violations are identified. Their degree is determined by the authorized body. The most serious violation is the case when the company received permission to exploit resources, but did not proceed with the development of the site. Accordingly, jobs were not created, taxes are not deducted to the budget. The revocation of the license, in the first place, threatens companies for which the term for commissioning the pool has expired, and nothing has been done on the site.

Additional features

The regulations provide for the extension of the license. If permission is obtained for the type of resource falling under the competence of the Federal Agency, it is to this body that the corresponding application should be addressed. If the subject carries out activities on the basis of a license issued for common natural reserves, then documents should be sent to the competent structure of the subject of the country. The rules for filing an application and the composition of securities are established by regional regulatory acts. It should also be noted that the license extension is allowed in the absence of violations by the entity operating the respective site. In this regard, authorized authorities may request additional supporting documents, including acts of supervisory services.

A responsibility

The use of mineral resources in the absence of a license is punishable by administrative sanctions. A fine of 3-5 thousand rubles was set for citizens, 30-50 thousand rubles for officials, 800 thousand -1 million rubles for enterprises. Administrative liability is also provided for entities that violate the conditions specified in the license. In this case, for citizens the fine will be 2-3 thousand rubles, for officials - 20-40 thousand rubles, for organizations - 300-500 thousand rubles.

Requirements

The legislation contains a number of regulations aimed at ensuring rational subsoil use. Among the established requirements, it should be noted:

1. Compliance with the rules for the provision of land for operation, prevention of unauthorized work.
2. Ensuring the completeness of research, integrated, rational use and protection of the subsoil.
3. Performing a preliminary study of the terrain, through which a reliable assessment of resource reserves or their properties is formed.
4. Organization of state examination and state accounting of mineral reserves, as well as areas that are used for purposes not related to the extraction of natural raw materials.
5. Protection of territories from flooding, fires, and other factors that negatively affect the quality of reserves and their industrial value or complicate development.
6. Ensuring maximum extraction of the main resources and associated components that lie along with them.
7. Maintaining reliable accounting of reserves mined and left in the bowels, as well as related materials.
8. Prevention of contamination of sites during work related to resource exploitation. This is especially true when building underground gas and oil storage facilities, creating facilities for discharging effluents, and disposing of industrial waste and harmful compounds.
9. Compliance with the established rules for the liquidation and conservation of enterprises engaged in the extraction of natural resources, and structures not related to this activity.
10. Prevention of unauthorized development of mineral deposits, the implementation of regulations regarding the exploitation of these areas for other purposes.
11. Prevention of the placement of industrial and other wastes within the boundaries of facilities used to provide domestic and drinking water supply.

Conclusion

An enterprise can issue a license on its own, using full-time employees in this process. However, experts note that the procedure for preparing the necessary documentation, preparing an application has certain difficulties. In this regard, it is advisable to seek the help of qualified lawyers with relevant work experience. It should be remembered that conducting activities without a license implies extremely adverse consequences for the company. In addition to the fines established by regulatory enactments, claims will be brought against the enterprise for compensation for damage to the state.