Article 39. Invalidity of the subsoil use contract and consequences of its invalidity Code on Subsoil and Subsoil Use Republic of Kazakhstan
1. The grounds for invalidating a subsurface use contract are:
1) recognition of the auction for granting the right of subsurface use as invalid;
2) the absence in the contract for subsurface use of the mandatory conditions established by this Code;
3) establishing the fact that the competent authority has knowingly provided false information that influenced its decision to conclude a contract for subsurface use with this person;
4) other grounds stipulated by the laws of the Republic of Kazakhstan.
2. A subsurface use contract declared invalid does not entail legal consequences, except for those related to its invalidity, and is invalid from the date of its conclusion.
Invalidation of the contract does not release the subsurface user from fulfilling obligations to eliminate the consequences of subsurface use.
3. Invalidation in court or termination of the contract on the basis of which the transfer and re-registration of the right of subsurface use was carried out shall entail the invalidity of amendments and additions to the contract for subsurface use made in connection with such transfer of the right of subsurface use, but not the contract itself.
4. The recognition of a subsurface use contract as invalid entails the invalidity of all subsequent transactions, the subject of which is the right of subsurface use granted on the basis of such a contract.
President
Republic of Kazakhstan
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