Commentary to article 349. Violation of the reporting procedure in the field of subsoil use The Code of the Republic of Kazakhstan on Administrative Offences
Violation by a subsurface user of the procedure and deadlines for reporting provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", –
entails a fine in the amount of twenty monthly calculation indices.
The object of the commented offense is the established procedure and deadlines for reporting provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use".
In accordance with Article 76 of the Code of the Republic of Kazakhstan dated December 27, 2017 No. 125-VI SAM "On Subsoil and Subsurface Use", subsurface users, in cases provided for by this Code, are required to submit reports on subsurface use operations. The reporting provided by the subsurface user may be periodic or one-time.
The periodic reports submitted to the state body contain information on the results of the subsurface user's activities during a certain period (the reporting period).
One-time reports are submitted by the subsurface user in order to inform the state body about the result of the work carried out on a specific issue. The composition of the reporting and the procedure for its submission, taking into account the types of subsurface use operations, are determined by the provisions of the Special Part of the Code on Subsurface and Subsurface Use.
The subsurface user is obliged, upon a written request from the competent authority, to submit for verification documentation confirming the work performed and expenses related to subsurface use, no later than twenty working days from the date of receipt of such request.
Subsurface users engaged in exploration and production of minerals, with the exception of prospecting and operations for the extraction of common minerals, are required to submit to the competent authority reports provided for by the Extractive Industries Transparency Initiative standard, confirmed by a person who is an auditor in accordance with the Law of the Republic of Kazakhstan "On Auditing".
The form of these reports and the guidelines for completing them are developed and approved by the state body authorized to implement the Extractive Industries Transparency Initiative standard in the Republic of Kazakhstan.
According to Article 90 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", a subsurface user is required to submit periodic geological reports under a license for the geological study of subsurface. Periodic geological reports are submitted annually for the previous calendar year no later than the thirtieth of April each year.
Reports for an incomplete calendar year are submitted for the actual period of subsurface use. Reports for the last incomplete calendar year of the period of use of the subsurface area are submitted no later than two months after the end of the specified period.
After the termination of the license, the person who was its holder is obliged to submit to the authorized body for the study of the subsoil a final report on the results of the geological study no later than three months from the date of termination of the license.
Geological reports are based on the materials of primary geological information and contain data on the state and results of scientific research, tests and surveys in the field of geology, hydrogeological drilling for groundwater, activities for the collection and testing of soil, surface rock and mineral samples.
The reports provided for in Article 90 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" are submitted to the authorized body for the study of the subsoil in the form approved by it.
Article 132 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" stipulates that under a contract for subsurface use of hydrocarbons, a subsurface user is required to submit the following reports:
1) Geological report;
2) report on the fulfillment of license and contract conditions;
3) a report on the purchased goods, works and services, as well as the amount of local content in them;
4) Report on local content in personnel;
5) a report on the costs of financing the training of Kazakhstani personnel;
6) a report on expenses for research, scientific, technical and development work;
7) a report on the composition of persons and (or) organizations directly or indirectly controlling the subsurface user.
In accordance with Article 180 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", a subsurface user is required to submit the following reports under a uranium mining contract:
1) Geological report;
2) the report of the competent person on reserves, prepared in accordance with the Kazakhstan Code of Public Reporting on Exploration Results, Mineral Resources and Mineral Reserves (KAZRC Code);
3) report on the fulfillment of contractual conditions;
4) a report on the operations carried out for pilot production of uranium and their costs;
5) a report on the uranium mining operations performed and their costs;
6) Report on local content in personnel;
7) report on the costs of financing the training of Kazakhstani personnel;
8) a report on expenses for research, scientific, technical and development work;
9) Uranium mining report;
10) a report on the purchased goods, works and services, as well as the amount of local content in them;
11) a report on the composition of persons and (or) organizations directly or indirectly controlling the subsurface user.
According to Article 195 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", under a license for exploration of solid minerals, a subsurface user is required to submit the following periodic reports:
1) a report on the fulfillment of licensing obligations;
2) a report on the purchased goods, works and services and the share of local content in them;
3) a report on the composition of persons and (or) organizations directly or indirectly controlling the subsurface user;
4) Geological reports.
Periodic reports are submitted annually for the previous calendar year no later than the thirtieth of April each year.
Article 215 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" stipulates that, under a license for the extraction of solid minerals, a subsurface user is required to submit the following periodic reports:
1) a report on the fulfillment of licensing obligations;
2) a report on the purchased goods, works and services and the share of local content in them;
3) reports on the composition of persons and (or) organizations directly or indirectly controlling the subsurface user;
4) Geological reports;
5) report on extracted solid minerals.
Periodic reports are submitted annually for the previous calendar year no later than April 30th of each year.
In accordance with Article 236 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", under a license for the extraction of common minerals, a subsurface user is required to submit the following periodic reports:
1) a report on the fulfillment of licensing obligations;
2) Geological reports;
3) a report on the extracted common minerals.
According to Article 272 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", under a mining license, a subsurface user is required to submit a periodic report on extracted precious metals and precious stones to the local executive body of the region that issued the mining license, in accordance with the procedure determined by the authorized body for the study of the subsoil.
Reports are submitted annually for the previous calendar year no later than January thirtieth of each year. Reports for an incomplete calendar year are submitted for the actual period of subsurface use. Reports for the last incomplete calendar year of the period of use of the subsurface area are submitted no later than two months after the end of the specified period.
The objective side of the offense is manifested in actions (inaction), expressed in violation by the subsurface user of the procedure and deadlines for reporting provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use".
The subjective side of the offense is characterized by the fact that it can be expressed both in the form of intent and negligence.
The subject of the offense is a special subsurface user.
In accordance with Part 1 of Article 687 of the Administrative Code, the authorized body for the study of mineral resources examines cases of administrative offenses provided for in Article 349 of the Administrative Code.
Part 1 of Article 687-1 of the Administrative Code stipulates that the authorized body in the field of solid minerals examines cases of administrative offenses provided for in Article 349 of the Administrative Code.
According to Part 1 of Article 688 of the Administrative Code, the authorized body in the field of hydrocarbons examines cases of administrative offenses provided for in Article 349 of the Administrative Code.
Part 1 of Article 688-1 of the Administrative Code states that the authorized body in the field of uranium mining considers cases of administrative offenses provided for in Article 349 of the Administrative Code.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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