Article 34. Invalidity of the license and consequences of its invalidity Code on Subsoil and Subsoil Use Republic of Kazakhstan
1. A license may be declared invalid in court in the following cases::
1) upon establishing the fact that the state body that issued the license has knowingly provided false information that influenced its decision to issue the license;
2) violations of the procedure for issuing a license established by this Code, which led to an unjustified decision by a state body to issue a license as a result of a malicious agreement established by a court between an official of a state body and the applicant;
3) issuing a license to a person who has been declared legally incompetent and was such on the day of issue;
4) if the issuance of a license is not provided for or prohibited by this Code.
2. The interested person and the prosecutor have the right to apply to the court with a claim for invalidation of the license, and on the grounds provided for in subparagraphs 1) and 3) of paragraph 1 of this Article, the state body that issued the license also has the right.
An interested party is a person whose right to obtain a license and legitimate interests have been violated or may be violated as a result of issuing a license.
3. The license shall be deemed invalid from the date of entry into force of the court decision.
4. If the license is declared invalid on the grounds provided for in subitems 1) and 2) of paragraph 1 of this article, the person who received the license is obliged to compensate the state for the damage caused in the amount of income received by such person from the illegal use of a subsurface area and expenses of the state related to the recognition of the license as invalid.
5. A person has no right to demand the recognition of an invalid license, which was issued in violation of the requirements of this Code, other laws of the Republic of Kazakhstan, the charter of a legal entity, if such a requirement is caused by selfish motives or the intention to evade responsibility.
6. The limitation period for disputes related to the invalidity of the license is three months from the date when the plaintiff learned or should have learned about the circumstances that are the basis for declaring the license invalid.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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