Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of December 18, 2024 No. 4154-IX

About modification of some legal acts of Ukraine concerning updating of the Nation-wide development program of mineral resources of Ukraine for the period till 2030 and regulation of some questions concerning minerals and components of strategic and critical importance

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about subsoil (The sheet of the Verkhovna Rada of Ukraine, 1994, No. 36, the Art. 340):

Article 6 to add 1) with parts two - the seventh the following content:

"Metal ores and nonmetallic minerals of nation-wide value (their useful components) can be carried to the list of minerals and components of strategic importance and/or the list of minerals and components of critical value, according to the decision of the Cabinet of Ministers of Ukraine, in the presence of the conditions provided by parts three and the fourth this Article.

The Cabinet of Ministers of Ukraine metal ores and nonmetallic minerals of nation-wide value (their useful components), fields and which manifestations are reconnoitered belong to the list of minerals and components of strategic importance or can be potentially reconnoitered in the territory of Ukraine, with set of the following conditions:

such minerals and useful components have strategic importance as mineral raw materials and/or the processed products from such mineral raw materials for the national available or perspective industrial productions providing sustainable development of economy, in particular the export potential, and defense capability of the state, its economic safety in the long term and development of the innovative and technological device, promoting decarbonization of industries of economy and transition to ecological mobility;

the offer of such minerals and useful components as mineral raw materials and/or the processed products from such mineral raw materials in the world market has or can have potentially significant gap from the forecasted demand that in particular is caused by duration of implementation of new projects on production (industrial development of fields) of such minerals.

The following minerals belong to the list of minerals and components of critical value the Cabinet of Ministers of Ukraine:

metal ores and nonmetallic minerals of nation-wide value (their useful components) carried by the Cabinet of Ministers of Ukraine to the list of minerals and components of strategic importance;

other metal ores and nonmetallic minerals of nation-wide value (their useful components) which are important as mineral raw materials and/or the processed products from such mineral raw materials for the national available or perspective industrial productions providing sustainable development of economy and defense capability of the state concerning which as mineral raw materials and/or the processed products from such raw materials there is no replacement (at the modern level of development of technologies) and at the same time there is high risk of interruptions in supply of such mineral raw materials and/or the processed products from such mineral raw materials to Ukraine.

The list of minerals and components of strategic importance and the list of minerals and components of critical value affirm 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 approved with the central executive body providing forming and realization of the state economic, price, investment and external economic policy.

Technique of reference of metal ores and nonmetallic minerals of nation-wide value (their useful components) to the list of minerals and components of strategic importance and the list of minerals and components of critical value, and also assessment of degree of criticality of risk of interruptions in supply of the corresponding mineral raw materials and/or the processed products from such mineral raw materials, and also recommendations concerning measures for ensuring emergence of such risk and/or responses to approach of interruptions of their delivery to Ukraine, affirm the Cabinet of Ministers of Ukraine on representation of the central executive body providing forming and realization of the state economic, price, investment and external economic policy.

Review of the list of minerals and components of strategic importance and the list of the minerals and components of critical value provided by this Article is performed by the Cabinet of Ministers of Ukraine if necessary, but once in four years, on representation of the central executive body providing forming of state policy in the field of protection of the surrounding environment, approved with the central executive body providing forming and realization of the state economic, price, investment and external economic policy suffices";

Article 13 to add 2) with parts ten and the eleventh the following content:

"Concerning subsoil plots (mineral deposits) of strategic and (or) critical importance, including the right to use of natural resources concerning subsoil plots (mineral deposits) of strategic and (or) critical importance on terms of agreement about the Section of products, persons conforming to requirements of parts one - the sixth this Article, and also at least to one of the following conditions have the right to use of natural resources only:

1) is citizen of Ukraine;

2) is citizen or physical resident person of state member of Organization for Economic Cooperation and Development, or other state with whom Ukraine concludes the memorandum (agreement) on partnership (cooperation) in the field of minerals of strategic and (or) critical importance;

3) is legal resident person of Ukraine or state member of Organization for Economic Cooperation and Development, or other state with whom Ukraine concludes the memorandum (agreement) on partnership (cooperation) in the field of minerals of strategic and (or) critical importance provided that in such legal entity:

Ukraine or state member of Organization for Economic Cooperation and Development, or other state with which Ukraine concludes the memorandum (agreement) on partnership (cooperation) in the field of minerals of strategic and (or) critical importance has essential participation, and (or)

the legal entities registered in Ukraine or state member of Organization for Economic Cooperation and Development, or other state with which Ukraine concludes the memorandum (agreement) on partnership (cooperation) in the field of minerals of strategic and (or) critical importance have essential participation and (or)

essential participation citizens of Ukraine, or physical persons citizens or residents of state member of Organization for Economic Cooperation and Development, or other state with which Ukraine concludes the memorandum (agreement) on partnership (cooperation) in the field of minerals of strategic and (or) critical importance have or are final beneficial owners.

Concerning subsoil plots (mineral deposits) of strategic and (or) critical importance on terms of agreement about the Section of products associations of the legal entities specified in Item 3 parts eight of this Article can also have the right to use of natural resources";

Article 16 after part two to add 3) with four new parts of the following content:

"The list of subsoil plots (mineral deposits) of strategic and (or) critical importance which will be provided in use by holding the auction (the electronic biddings) selling special permission to use of natural resources and the list of subsoil plots (mineral deposits) of strategic importance and (or) critical value which will be provided in use by carrying out tender on agreement signature about the Section of products affirm the Cabinet of Ministers of Ukraine on representation of the central executive body that provides forming of state policy in the field of protection of the surrounding environment. At the same time the subsoil plot (mineral deposits) is determined as having strategic and (or) critical importance, by the main mineral (its main useful component) included in the lists provided by part five of article 6 of this Code.

Review of lists of subsoil plots (mineral deposits) provided by part three of this Article is performed by the Cabinet of Ministers of Ukraine if necessary, but once in three years, on representation of the central executive body providing forming of state policy in the field of protection of the surrounding environment suffices.

Can be the basis for viewing of lists of subsoil plots (mineral deposits) provided by part three of this Article:

1) inclusion or exception of mineral or useful component from the lists provided by part five of article 6 of this Code;

2) inclusion in the state inventory of fields and shows of minerals of new objects of subsurface use, in particular the manifestations and mineral deposits containing inventories of metal ores and nonmetallic minerals of nation-wide value (their useful components) carried to the lists determined by part five of article 6 of this Code, and the respective subsoil plots that is proved (is confirmed) with results of geological studying;

3) distribution of inventories (resources) between subsoil plots of earlier reconnoitered mineral deposit, the metal ores and nonmetallic minerals of nation-wide value (their useful components) carried to the lists determined by part five of article 6 of this Code containing inventories;

4) assessment of inventories and resources of subsoil plots (mineral deposits) by results of which mineral or component of strategic and (or) critical importance which was considered as accompanying it is estimated respectively as the main mineral or the main useful component of the complex field;

5) write-off of inventories (resources) of metal ores and nonmetallic minerals of nation-wide value (their useful components) carried to the lists determined by part five of article 6 of this Code within the subsoil plot (mineral deposit);

6) the statement of person having the right to use of natural resources concerning subsoil plots (mineral deposits) of strategic and (or) critical importance according to article 13 of this Code for readiness to participate in auction (the electronic biddings) selling special permission to use of natural resources or tender on agreement signature about the Section of products.

At the same time in case of the announcement of auction (the electronic biddings) selling special permission to use of natural resources or tender on agreement signature about the Section of products concerning the subsoil plot (mineral deposits) of strategic and (or) critical importance or subsoil plots (mineral deposits) of strategic and (or) critical importance included or included in the list (lists), provided (provided) by part three of this Article, changes of rather respective subsoil plot (mineral deposit) cannot be made before completion of stipulated by the legislation procedures for recognition of auction (the electronic biddings) or tender cancelled, or before completion of the terms of acquisition of special permission to use of natural resources established by the legislation or agreement signature about the Section of products the winner of auction (the electronic biddings) or tender on agreement signature about the Section of products respectively".

With respect thereto speak rapidly third - to consider twenty third respectively parts seven - the twenty seventh;

Article 68 part one after words "to the first - the sixth" to add 4) with the words "the eighth, ninth";

The Section X "Transitional provisions" to add 5) with Items 9 and 10 of the following content:

"9. Determine that the list of the metal ores and nonmetallic minerals having strategic importance for sustainable development of economy and defense capability of the state is approved by Item 1 of the decision of the National Security and Defense Council of Ukraine "About the stimulation of search, production and mineral processing having strategic importance for sustainable development of economy and defense capability of the state", No. 306/2021 enacted by the Presidential decree of Ukraine of July 23, 2021 in the edition operating on the date of entry into force of the Law of Ukraine "About modification of some legal acts of Ukraine concerning updating of the Nation-wide development program of mineral resources of Ukraine for the period till 2030 and regulation of some questions concerning minerals and components of strategic and critical importance" it is considered the list of minerals and components of strategic importance before approval by the Cabinet of Ministers of Ukraine according to article 6 of this Code of the list of minerals and components of strategic importance.

10. Determine that the list of subsoil plots (mineral deposits) which have strategic importance for sustainable development of economy and defense capability of the state which will be provided in use by carrying out tenders on the conclusion of production sharing agreements, and the list of subsoil plots (mineral deposits) which have strategic importance for sustainable development of economy and defense capability of the state which will be provided in use by holding the auction (the electronic biddings) selling special permissions to use of natural resources, approved by the Cabinet of Ministers of Ukraine on the date of entry into force of the Law of Ukraine "About modification of some legal acts of Ukraine concerning updating of the Nation-wide development program of mineral resources of Ukraine for the period till 2030 and regulation of some questions concerning minerals and components of strategic and critical importance", are conforming to requirements of part three of article 16 of this Code, before approval by the Cabinet of Ministers of Ukraine according to article 16 of this Code of the list of subsoil plots (mineral deposits) of strategic and (or) critical importance which will be provided in use by holding the auction (the electronic biddings) selling special permission to use of natural resources and the list of subsoil plots (mineral deposits) of strategic and (or) critical importance, which will be provided in use by carrying out tender on agreement signature about the Section of products.

2. In the Nation-wide development program of mineral resources of Ukraine for the period till 2030 approved by the Law of Ukraine "About approval of the Nation-wide development program of mineral resources of Ukraine for the period till 2030" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 44, Art. 457; 2013, No. 15, Art. 98);

Sections I and II to state 1) in the following edition:

"Section I. General part

One of powerful factors of sustainable and effective development of national economy, basis of development of the extracting and overworking industries is the powerful domestic mineral and raw complex which is created on mineral resources of Ukraine.

The mineral resources of Ukraine are set of mineral deposits, including technogenic, and also waste from production and conversion of the minerals suitable for industrial use. The mineral resources of Ukraine are created by carrying out complex of geological and film-making, search and prospecting works. By their results in subsoil of Ukraine it is reconnoitered about 8,8 of one thousand fields of industrial value with nearly 100 types of minerals. On amounts of explored reserves of coal, iron, manganese and titano-zirconium ores, granite, kaolin, potassium salts, sulfurs, refractory clay, facing stone, glass sand and other minerals Ukraine occupies one of the leading places in the world. About a half of industrial capacity of Ukraine and to 20 percent of its manpower is connected with production and use of minerals. Due to export of minerals and products of their conversion Ukraine receives about 60 percent of total amount of export receipts. At the same time the Subsoil of Ukraine still has the considerable potential for building-up of its mineral resources.

On industrial economically value distribution of types of minerals of nation-wide value as the constituting mineral resources of Ukraine on the following categories is provided:

category A - types of the minerals which are intensively extracted in Ukraine are characterized by considerable explored reserves, at the same time the corresponding mineral raw materials and (or) products of its conversion are used in the industry in the territory of Ukraine or are (or can be) export subject for the purpose of providing in short time of receipts in the government budget;

the category B - types of the minerals extracted in Ukraine in limited amounts, cost of their production provides the extreme economic level of profitability, but their development is complicated by environmental problems, explored reserves of fields small or depleted, new fields are insufficiently studied, at the same time the need for such types of minerals is caused by industry development. Insufficiency of such types of minerals becomes covered due to import;

category B - types of minerals which fields are available in Ukraine their inventories (including considerable) are reconnoitered, but are got in limited amounts or not got in general. Now, according to technical and economic calculations, such minerals under the existing economic conditions in Ukraine are not competitive in comparison with import and cannot be profitable are processed on domestic enterprises using the available technologies. At the same time the need for such minerals can increase owing to implementation of the latest technologies of enrichment or preliminary conversion of the corresponding ores;

category G - types of minerals which fields in Ukraine are not developed now and are insufficiently studied, but in the long term can become important for national economy, considering requirements of other industries.

Separation of types of minerals on industrial economically value

For geological studying and the subsequent geological works also minerals and their components are perspective: magnesium, arsenic, antimony, vanadium, bismuth, gallium, indium, strontium, tellurium and caesium.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info