ORDER OF THE STATE AGENCY FOR GEOLOGY AND MINERAL RESOURCES UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 13, 2009 No. 12

About approval of "The instruction about procedure for carrying out by the State inspectorate for subsurface use of the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic of checks of observance by subjects of subsurface use of the legislation of the Kyrgyz Republic on subsoil"

According to the Laws of the Kyrgyz Republic "About subsoil", "About procedure for conducting checks of subjects of entrepreneurship", the Presidential decree of the Kyrgyz Republic of July 2, 2007 No. 330 "About measures for enhancement of procedure for conducting checks of subjects of entrepreneurship", and also the Regulations on procedure for conducting checks of subjects of entrepreneurship approved by the order of the Government of the Kyrgyz Republic of November 6, 2007 No. 533 "About procedure for conducting checks of subjects of entrepreneurship and determination of the list of the authorized bodies having the right to conducting checks of subjects of entrepreneurship"

I ORDER:

1. Approve the enclosed "Instruction about procedure for carrying out by the State inspectorate for subsurface use of the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic of checks of observance by subjects of subsurface use of the legislation of the Kyrgyz Republic on subsoil".

2. Direct this Order to state registration in the Ministry of Justice of the Kyrgyz Republic.

3. This Order becomes effective after state registration in the Ministry of Justice of the Kyrgyz Republic and after 15 days from the moment of official publication.

4. Publish this Order in mass media.

5. Notify the Ministry of Justice of the Kyrgyz Republic on publication source (Date, No., the name) this Order.

6. To impose control of execution of this order on the deputy director of the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic Eshnazarov N. A.

Approved by the Order of the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic of February 13, 2009 No. 12

The instruction about procedure for carrying out by the State inspectorate for subsurface use of the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic of checks of observance by subjects of subsurface use of the legislation of the Kyrgyz Republic on subsoil

Chapter 1. General provisions

1.1. The instruction about procedure for carrying out by the State inspectorate for subsurface use of the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic of checks of observance by subjects of subsurface use of the legislation of the Kyrgyz Republic on subsoil (further - the Instruction) is developed based on the Laws of the Kyrgyz Republic "About procedure for conducting checks of subjects of entrepreneurship", "About subsoil", "About licensing" and according to the Provision "About Procedure for Conducting Checks of Subjects of Entrepreneurship" approved by the order of the Government of the Kyrgyz Republic of November 6, 2007 No. 533, "About procedure for conducting checks of subjects of entrepreneurship and determination of the list of the authorized bodies having the right to conducting checks of subjects of entrepreneurship".

1.2. The instruction regulates procedure for carrying out by the State inspectorate for subsurface use of checks of subjects of subsurface use regarding accomplishment of conditions of license agreements by them and observance of the current legislation of the Kyrgyz Republic about subsoil.

1.3. Subject of checks is the State inspectorate for subsurface use (further - State inspection) the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic (further - State inspection).

1.4. Objects of checks are activities of the physical persons and legal entities having licenses for mineral right.

1.5. Checks of subjects of subsurface use are performed by means of studying of the feasibility statements (FS), engineering designs, development plans for mining and exploration works, the actual execution of project decisions on object of subsurface use, observance of conditions of license agreements and legislations of the Kyrgyz Republic "About subsoil" on the subsoil plots developed by subjects of subsurface use.

1.6. The questions of conducting checks which are not settled by this Instruction are regulated according to regulations of the Regulations on procedure for conducting checks of subjects of the entrepreneurship approved by the order of the Government of the Kyrgyz Republic of November 6, 2007 No. 533 "About procedure for conducting checks of subjects of entrepreneurship and determination of the list of the authorized bodies having the right to conducting checks of subjects of entrepreneurship" (further - Regulations on checks).

Chapter 2. Basic principles of conducting checks

2.1. Are performed for the purpose of ensuring compliance by subjects of subsurface use of conditions of license agreements and the legislation of the Kyrgyz Republic on subsoil.

The main task of State inspection is the warning of violations of the law of the Kyrgyz Republic of subsoil.

2.2. Relations between State inspection and subjects of subsurface use when conducting checks it is performed on the principles:

2.2.1. Legality, objectivity and publicity:

1) all mandatory requirements imposed to subjects of subsurface use are established only by the Law of the Kyrgyz Republic "About subsoil";

2) requirements to procedure and procedures of conducting checks are single in the territory of the Kyrgyz Republic and are applied equally to all subjects of subsurface use, irrespective of the location, activities, social and national identity and nationality of founders (participants, members), officials, form of business and pattern of ownership of subjects of subsurface use;

3) procedures of conducting checks are strictly regulated, requirements to subjects of subsurface use in subject of check are unambiguous, determined, not allowing dual interpretation;

4) State inspection informs subjects of subsurface use on the regulatory legal acts establishing mandatory requirements which observance is subject to check;

5) the list and details of the laws and subordinate legislations applied by State inspection in the course of conducting checks the approved plans and programs of checks, the document forms applied when checking are placed in places of open access in State inspection, on the official sites of State inspection, to be published in mass media and to be provided to subjects of subsurface use at any time on their request.

The specified acts and documents are shown by officials for acquaintance by the subject of subsurface use when checking.

2.2.2. Financing of conducting checks by State inspectorate is performed from means of the republican budget.

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