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THE PROCEDURE FOR ISSUING SPECIAL PERMITS FOR SUBSOIL USE WAS CHANGED On April 12, 2016 the Resolution of the Cabinet of Ministers of Ukraine as of 06.04.2016 №277 “On amendments to the orders approved by the CMU as of 30 May 2011 N 594 and 615, and declaring invalid some resolutions of the CMU” came into force. The Resolution draft was developed by the Ministry of Ecology and Natural Resources of Ukraine and State Service of Geology and Mineral Resources of Ukraine with the aim to implement world best practice on transparency of auctions for the sale of special permits for subsoil use to attract private investment, particularly in the production of hydrocarbons, as well as the abolition of preferences for special permits for subsoil use for companies with state share. The Resolution makes a number of important changes to the existing procedure for issuing special permits for subsoil use and procedure of auctions for their sale, the key of which are as follows: Ø the maximum period of some special permits for subsoil use was reduced; Ø the list of reasons to get and amend special permits for subsoil use without auctioning was shortened; Ø the list of state bodies and institutions that coordinate the issuance of special permits for subsoil use was shortened; Ø the principle of “tacit consent” for state bodies and institutions involved in the harmonization of the documents submitted by the entity for the issuance of special permits for subsoil use was enshrined; Ø the term for decisions about granting and renewal of special permits for subsoil use without auctioning was reduced; Ø the list of grounds for refusal to issue and renew special permits for subsoil use was expanded; Ø the order of preparation and announcement of the auction for the sale of special permits for subsoil use was changed; Ø the provisions which can set non-transparent rules for business entities were withdrawn from the order of auction for the sale of special permits for subsoil use; Ø the procedure of online publication on the web-site of the body granting permission of information on permitting procedure and decision making was introduced. ______________________________________________________________ This Legal Alert is intended as a general overview of latest changes in legislation of Ukraine and does not constitute a legal advice. For further information please contact the counsel of Antika Law Firm Sergii Korniienkoskorniienko@antikalaw.com.ua 12, Khreschatyk Str., 2nd floor, Kyiv, 01001, Ukraine tel./fax.: +38 044 390 09 20/21 |
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