Commentary to article 356. Violation of the rules for conducting subsurface use operations The Code of the Republic of Kazakhstan on Administrative Offences

Home / Codes / Commentary to article 356. Violation of the rules for conducting subsurface use operations The Code of the Republic of Kazakhstan on Administrative Offences

1. Violation of the rules for conducting subsurface use operations –

entails a fine for small businesses or non–profit organizations in the amount of sixty–five, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of one hundred and fifty monthly calculation indices.

2. Failure to comply with environmental requirements when using subsurface resources –

3. Violation of the conditions for conducting subsurface use operations in the field of hydrocarbon production provided for by the legislation of the Republic of Kazakhstan on subsurface and subsurface use, as well as violation of the requirements of project documents for the exploration and production of hydrocarbons –

They impose a fine on small businesses in the amount of one hundred and fifty, on medium–sized businesses – in the amount of three hundred, on large businesses - in the amount of one thousand monthly calculation indices.

4. Carrying out prospecting, appraisal and mining operations without duly approved project documents in the field of subsoil use –

entails a fine for small businesses in the amount of two hundred and fifty, for medium–sized businesses – in the amount of five hundred, for large businesses - in the amount of two thousand monthly calculation indices.

5. Burning of crude gas without a permit or without complying with the conditions of the permit of the authorized body in the field of hydrocarbons, except in cases provided for by The Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", –

6. Carrying out work by a subsurface user on the extraction of hydrocarbons without utilization and (or) processing of crude gas –

7. Deviation from the design documentation approved in accordance with the established procedure during the construction of necessary field facilities and other infrastructure facilities necessary for the extraction, preparation, storage and transportation of hydrocarbons from the place of production and storage to the place of transshipment to the main pipeline and (or) to another type of transport, -

entails a fine for small businesses in the amount of two hundred and fifty, for medium-sized businesses - in the amount of five hundred, for large businesses - in the amount of two thousand monthly calculation indices.

8. Operation of wells in violation of the requirements established by law -

entails a fine for small businesses in the amount of one hundred and fifty, for medium-sized businesses - in the amount of three hundred, for large businesses - in the amount of one thousand monthly calculation indices.

9. Conducting operations for the exploration and (or) production of hydrocarbons at sea without a permit, except in cases stipulated by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", or without complying with the conditions of the permit of the authorized body in the field of hydrocarbons –

10. Excluded by the Law of the Republic of Kazakhstan dated December 27, 2017 No. 126-VI (effective six months after the date of its first official publication).

11. The absence of a subsurface user conducting operations for the exploration and (or) production of hydrocarbons at sea, an individual or a legal entity engaged in activities at sea related to the risk of an oil spill at sea, an approved plan for the organization of work to prevent and eliminate oil spills –

entails a fine for individuals in the amount of one hundred and fifty, for small businesses – in the amount of two hundred, for medium–sized businesses – in the amount of four hundred, for large businesses - in the amount of two thousand monthly calculation indices.

12. Conducting operations for the exploration and (or) production of hydrocarbons at sea without our own materials and equipment necessary to eliminate the consequences of an oil spill of the first and second levels at sea, or without a signed contract with a specialized organization –

13. The act provided for in part eight of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

14. The acts provided for in parts four, five, six and nine of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

entail the suspension or prohibition of activities or certain types of activities.

Part 1. The object of the commented offense is the established procedure for conducting subsurface use operations.

Article 17 of the Code of the Republic of Kazakhstan dated December 27, 2017 No. 125-VI SAM "On Subsoil and Subsurface use" states that the right of subsurface use is an opportunity provided by this Code to use the subsoil on a paid basis within the allocated area for business purposes for a certain period of time.

The right to use mineral resources is a proprietary and indivisible right. Subject to the provisions of this Code, the rules on ownership are applied to the right of subsurface use, since this does not contradict the nature of property law.

The use of subsurface resources is carried out in accordance with the procedure, conditions and within the limits established by this Code.

According to Article 22 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", the right of subsurface use is granted for the following operations::

1) geological exploration of the subsurface;

2) mineral exploration;

3) mining;

4) use of subsurface space;

5) diligence.

In accordance with Article 24 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", different subsurface users may conduct subsurface use operations on the same territory (combined territory), unless otherwise provided by the provisions of the Special Part of this Code.

The procedure for conducting operations by subsurface users on a combined territory is determined by an agreement between them. The Agreement defines the conditions and procedure for carrying out all or certain types of work on the combined territory.

The agreement is concluded in simple written form and submitted by the subsurface user to the state body that granted the right of subsurface use, no later than five working days from the date of its conclusion.

The agreement may provide for reasonable and proportionate compensation for the costs incurred by one of the subsurface users.

If the subsurface users fail to reach an agreement on the procedure for conducting operations in the combined territory, the priority of one subsurface user over another in conducting work in the combined territory is established. In this case, the subsurface user who has priority in carrying out work on the combined territory is the subsurface user.:

1) conducting mining operations;

2) having the right of subsurface use granted earlier, if both subsurface users carry out mining operations;

3) having the right of subsurface use granted earlier, if both subsurface users carry out operations on exploration of minerals;

4) conducting operations for the use of subsurface space, if another subsurface user conducts operations for the exploration of minerals.

A subsurface user who does not have priority in carrying out work on a combined territory is obliged to take into account the time, duration, place, scope and nature of the work carried out or planned by the subsurface user having such priority and not create obstacles to their implementation. The subsurface user is obliged to use his priority in good faith and reasonably, without pursuing the goals of obtaining unreasonable benefits.

A subsurface user who has priority in carrying out work on a combined territory is obliged to provide in writing to a subsurface user who does not have priority information on the duration, location, scope and nature of his work carried out and planned to be carried out on a common subsurface area, within one month from the date of receipt of the latter's written request. Such information may constitute a trade secret.

The time, duration, scope, location and nature of the work, information about which is provided to a subsurface user who does not have priority in carrying out work on a combined territory, may be changed by a subsurface user with such priority no more than once within three months. In this case, the subsurface user having priority is obliged to notify the other subsurface user in writing about the change in time, duration, volume, location and nature of the planned work no later than one month before such changes. A subsurface user who does not have priority in carrying out work on a combined territory has the right to complete work that has begun before receiving such notification.

The objective side of the offense is expressed in actions (inaction) that violate the rules for conducting subsurface use operations.

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 a special offense is a small business entity or a non-profit organization, a medium-sized business entity, or a large business entity.

Part 2. The object of the offense is the social and legal relations arising from the fulfillment of environmental requirements in the use of mineral resources.

In accordance with paragraph 2 of Article 217 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 No. 212, natural resource users are required to carry out subsurface use operations, exploration, construction and other works.:

1) to keep the occupied land plots in a condition suitable for further use for their intended purpose;

2) remove, preserve and use the fertile soil layer during work related to land disturbance;

3) to carry out reclamation of disturbed lands.

Paragraph 1 of Article 219 of the Environmental Code states that the general environmental requirements for the use of subsurface resources are:

1) use of subsurface resources in accordance with the requirements of the environmental legislation of the Republic of Kazakhstan;

2) the use of special methods of field development in order to preserve the integrity of land, taking into account technical, technological, environmental and economic feasibility;

3) prevention of man-made desertification of lands;

4) application of preventive measures against manifestations of dangerous man-made processes during subsurface use operations;

5) protection of the subsurface from flooding, fires and other natural factors that complicate the operation and development of deposits;

6) prevention of subsurface pollution, especially during underground storage of oil, gas or other substances and materials, burial of harmful substances and waste;

7) compliance with the established procedure for the suspension and termination of operations on subsurface use, conservation and liquidation of mining facilities;

8) ensuring environmental and sanitary-epidemiological requirements for the storage and disposal of waste;

9) reduction of territories of violated and alienated lands by anticipating the construction of highways according to a rational scheme before the start of work, as well as the use of other methods, including the cluster method of well construction, the use of technologies with internal dumping, the use of waste from mining and processing of mineral raw materials;

10) prevention of wind erosion of soil, overburden dumps and industrial waste, their oxidation and spontaneous combustion;

11) isolation of absorbing and freshwater horizons to eliminate their pollution;

12) prevention of depletion and contamination of groundwater, including the use of non-toxic reagents in the preparation of washing liquids;

13) cleaning and reuse of drilling fluids;

14) disposal of drilling and fuel and lubricants residues in an environmentally friendly manner;

15) purification and reuse of oilfield effluents in the system of maintaining the intra-reservoir pressure of oil fields.

220 of the Environmental Code of the Republic of Kazakhstan, subsurface use operations are environmentally hazardous types of economic activity and must be performed in compliance with the following requirements:

1) the designs of wells and mine workings in terms of reliability, manufacturability and environmental safety must ensure the conditions for the protection of the subsoil and the environment;

2) during drilling and other subsurface use operations using installations with diesel generator and diesel drive, the release of uncleaned exhaust gases into the atmosphere from such installations must comply with their technical characteristics and environmental requirements.;

3) during the construction of subsurface use facilities on fertile lands and agricultural lands, during preparatory work for the installation of equipment, the fertile layer is removed and stored separately for subsequent reclamation of the territory.;

4) to prevent the migration of toxic substances into natural objects, an engineering system for the organized collection and storage of subsurface use waste with waterproofing of technological sites should be provided.;

5) in cases of well construction in specially protected natural areas, it is necessary to use only non-drilling technology.;

5-1) when conducting oil operations, measures should be taken to reduce the amount of sulfur and reduce its harmful effects on the environment.;

6) during subsurface use operations, sludge disposal and neutralization of spent drilling mud, drilling, quarry and mine wastewater should be carried out for reuse during drilling and return to the environment in accordance with established requirements.;

7) when using hydrocarbon-based drilling fluids (lime-bitumen, invert-emulsion, and others), measures should be taken to prevent air pollution.;

8) the burial of pyrophoric deposits, sludge and core in order to exclude the possibility of fire or poisoning of people should be carried out according to the project and in coordination with the authorized body in the field of environmental protection, the state body of sanitary and epidemiological service and local executive bodies.;

9) the commissioning of subsurface use facilities is subject to the full implementation of all environmental requirements stipulated by the project.;

10) after the completion of subsurface use operations and the dismantling of equipment, work is carried out on the restoration (reclamation) of the land in accordance with design decisions.;

11) drilling wells, including self-draining ones, as well as wells that are not suitable for operation or whose use has been discontinued, are subject to equipment by the subsurface user with regulatory devices, conservation or liquidation in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

12) individuals and legal entities whose activities have or may have a harmful effect on the condition of underground water bodies are required to take measures to prevent pollution and depletion of water bodies.;

13) in the catchment areas of underground water bodies that are used or can be used for drinking and domestic drinking water supply, it is not allowed to place waste graves, cemeteries, animal burial grounds (biothermal pits) and other facilities that affect the state of groundwater.;

14) drilling of absorbing wells is allowed in the presence of positive conclusions of authorized state bodies in the field of environmental protection, use and protection of water resources, for the study of subsurface, the state body of sanitary and epidemiological service, issued after special surveys in the drilling area of these wells.;

15) the discharge of industrial, therapeutic mineral waters after use must be carried out in accordance with the Water Code of the Republic of Kazakhstan.;

16) conservation and liquidation of wells within the contract territories are carried out in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;

17) in the area where wastewater is pumped into absorbing wells, systematic laboratory monitoring of water quality in nearby wells, springs, and wells should be organized by the water user according to a plan agreed with authorized state bodies in the field of environmental protection, use and protection of the water fund and the state body in the field of sanitary and epidemiological welfare. the population.

When conducting subsurface use operations, subsurface users are required to:

1) comply with the standards of maximum permissible harmful effects on underground water bodies established by the authorized state body in the field of use and protection of the water fund in coordination with authorized state bodies in the field of environmental protection, for the study of subsurface, the state body in the field of sanitary and epidemiological welfare of the population;

2) ensure the determination of the chemical composition of discharged waters in their own or other laboratories accredited in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Accreditation in the field of conformity assessment";

3) to transmit to the authorized state bodies in the field of environmental protection, use and protection of the water fund and the bodies of the sanitary and epidemiological service emergency information on emergency discharges of pollutants, as well as violations of the established regime of groundwater intake and the facility of discharge (injection) of water into them.

Prohibited:

1) violation of vegetation and soil cover outside the areas allocated for the construction and (or) placement of subsurface use facilities;

2) dumping of industrial waste into surface water bodies and subsurface;

3) irrigation of land with wastewater, if it affects or may affect the condition of underground water bodies;

4) admittance of solutions and materials into formations containing household drinking water;

5) drilling of absorption wells for the discharge of industrial, therapeutic mineral and thermal wastewater in cases where these wells may be a source of contamination of an aquifer suitable or used for domestic drinking water supply or for medicinal purposes;

6) installation of absorbing wells and wells in sanitary protection zones of water supply sources;

7) discharge of waste water containing radioactive substances into absorption wells and wells.

Article 223 of the Environmental Code regulates environmental requirements for conducting subsurface use operations within the safety zone. A subsurface user carrying out subsurface use operations within the safety zone is obliged to conduct them in such a way as to exclude or minimize marine pollution in the event of a rise in water levels.

A subsurface user performing subsurface use operations within the safety zone is liable for damage and losses caused to the environment, individuals or legal entities in the event of marine pollution from its contract territory, regardless of the fault of the subsurface user.

The objective side of the offense is expressed in actions (inaction) for non-compliance with environmental requirements when using subsurface resources.

The subjective side is characterized by the fact that the act can be committed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity or a non-profit organization, a medium-sized business entity, or a large business entity.

Part 3. The object of the commented offense is the established procedure for conducting subsurface use operations in the field of hydrocarbon production, provided for by the legislation of the Republic of Kazakhstan on subsurface and subsurface use, as well as the requirements of project documents for the exploration and production of hydrocarbons.

52 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" stipulates that subsurface use operations, including forecasting, planning and design of production and other facilities, must comply with the requirements of the environmental legislation of the Republic of Kazakhstan.

The ecological condition of the subsurface is ensured by rationing maximum permissible emissions, limiting or prohibiting subsurface use activities or certain types of them.

In the cases provided for by this Code, subsurface use is prohibited without a positive conclusion of the state environmental assessment or without coordination with the authorized body in the field of environmental protection.

In accordance with paragraph 3 of Article 12 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", oil, crude gas and natural bitumen are recognized as hydrocarbons.

Crude oil, gas condensate, and hydrocarbons obtained after refining crude oil and processing oil shales, oil tar sands, or tar sands are recognized as oil.

Crude oil is any hydrocarbons, regardless of their specific gravity, extracted from the subsurface in a liquid state at normal atmospheric temperature and pressure, including those formed from crude gas by natural condensation.

Crude gas is any hydrocarbons, regardless of their specific gravity, extracted from the subsurface in a gaseous state at normal atmospheric temperature and pressure, including crude natural, associated, shale gas, coalbed methane, as well as non-hydrocarbon gases contained in their composition.

Associated gas is a multicomponent mixture of hydrocarbons and non-hydrocarbon gases found in the oil in a dissolved state in reservoir conditions and released from it when pressure decreases.

Coalbed methane is a multicomponent mixture of hydrocarbons and non-hydrocarbon gases with a predominant methane content, which is in a gaseous state at normal atmospheric temperature and pressure, extracted from coal deposits.

Natural bitumen is recognized as minerals of organic origin with a primary hydrocarbon base, lying in the subsurface in solid, viscous and viscous-plastic states, the extraction of which in natural conditions by borehole methods is technically impossible.

When qualifying an act under this part of Article 356 of the Administrative Code, attention should also be paid to the "Uniform Rules for the Rational and Integrated Use of Subsurface Resources", approved by Order No. 239 of the Minister of Energy of the Republic of Kazakhstan dated June 15, 2018, paragraph 84 of which states that when producing hydrocarbons, the subsurface user ensures:

1) optimality and safety of the applied technical means of extraction;

2) protection of hydrocarbon deposits from the manifestations of dangerous man-made processes that lead to complications in their production, reducing the economic efficiency of hydrocarbon production;

3) reliable accounting of hydrocarbon reserves extracted and left in the subsurface, products of their processing and production waste generated during extraction;

4) compliance with norms and standards, applied methods and methods of extraction;

5) compliance with environmental and sanitary-epidemiological requirements for the storage and disposal of waste from the extraction and processing of hydrocarbons;

6) extraction of hydrocarbons in the manner prescribed by the field development project.

The objective side of the commented offense is expressed in actions (inaction) to violate the conditions for conducting subsurface use operations in the field of hydrocarbon production, provided for by the legislation of the Republic of Kazakhstan on subsoil and subsoil use, as well as violation of the requirements of project documents for the exploration and production of hydrocarbons.

The subjective side is characterized by the fact that the act can be committed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium-sized business entity, and a large business entity.

Part 4. The object of the offense is the social and legal relations that arise during prospecting, appraisal and mining operations based on approved project documents in the field of subsurface use.

In accordance with Article 23 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", in cases provided for by this Code, subsurface use operations may be carried out only if there is a project document providing for such operations.

Design documents are documents containing plans, methods, methodology, technical specifications, technological indicators, volume, timing and other parameters of work carried out for the purposes of subsurface use.

Project documents are developed separately for each subsurface area for the period of its use stipulated by the license or contract.

Project documents are developed taking into account the requirements of environmental and industrial safety. When conducting subsurface use operations, subsurface users are required to comply with the environmental and industrial safety parameters provided for in the project document.

The specifics of the development of project documents, taking into account the types of subsurface use operations, are established by the provisions of the Special Part of the Code "On Subsurface and Subsurface Use".

Thus, in accordance with Article 88 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", the project documents for conducting operations on geological exploration of the subsoil are:

1) Geological survey plan;

2) the project of exploration and evaluation of groundwater.

A geological survey plan is being developed for geological survey and/or geophysical work.

The project of prospecting and evaluation works for groundwater is being developed to conduct a search and evaluation of deposits and groundwater sites.

Project documents for the geological study are developed and approved by the subsurface user.

The geological survey plan describes the types and methods of geological and (or) geophysical work, approximate volumes, territories and terms of such work in a three-year period.

The draft prospecting and assessment work for groundwater describes the types, methods and methods of prospecting and assessment work for groundwater, the number of wells drilled and their characteristics, the timing of work over a three-year period, measures to eliminate the consequences of prospecting and assessment of their cost.

The composition, types, methods and methods of geological survey work, the volume and timing of their implementation are determined in the project documents by the subsurface user independently in accordance with the instructions for drafting project documents for the geological study of the subsurface, developed and approved by the authorized body for the study of the subsurface in coordination with the authorized body in the field of environmental protection.

Project documents should include an environmental impact assessment in cases stipulated by the instructions for drafting project documents for the geological study of subsurface.

When changing the types, methods and (or) methods of planned work on the geological study of the subsurface, as well as their volumes, the subsurface user is obliged to make appropriate changes to the project documents and submit them to the authorized body for the study of the subsurface.

If, in accordance with the environmental legislation of the Republic of Kazakhstan, these changes require a state environmental assessment, the amended design documents for the geological study are submitted to the authorized body for the study of the subsoil after receiving a positive conclusion of the state environmental assessment.

Changes to the draft prospecting and evaluation works for groundwater, introduced after the issuance of a license for the geological exploration of the subsurface, are subject to approval by the authorized body for the study of the subsurface. Such approval is carried out within twenty working days from the date of submission of the amended draft.

The authorized body for the study of subsurface resources refuses to approve changes to the draft prospecting and evaluation works for groundwater if such changes do not comply with the instructions for drafting project documents for the geological study of subsurface resources.

Refusal to approve the project of exploration and evaluation works for groundwater does not deprive the subsurface user of the right to re-apply for approval.

The refusal to approve the project of exploration and evaluation works for groundwater may be appealed by the subsurface user in accordance with the legislation of the Republic of Kazakhstan.

134 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" regulates the general provisions on project documents in the field of subsoil use for hydrocarbons. Thus, subsurface use operations for hydrocarbons are carried out in accordance with the following project documents:

1) basic project documents:

exploration project;

trial operation project;

hydrocarbon field development project;

2) technical design documents, the list of which is established in the uniform rules for the rational and integrated use of mineral resources.

Project documents in the field of subsurface use of hydrocarbons are drawn up by a project organization engaged by the subsurface user, which has a license for the relevant type of activity.

Project documents are developed on the basis of good practices in the use of mineral resources in accordance with the uniform rules for the rational and integrated use of mineral resources.

Project documents in the field of subsurface use of hydrocarbons are approved by the subsurface user.

Changes in the types, methods, technologies, volume and timing of subsurface use operations provided for in the project documents are allowed after making appropriate changes and additions to such project documents.

The Uniform Rules for the rational and Integrated use of Subsurface resources establish cases when changes in the types, methods, technologies, volume and timing of subsurface use operations do not require appropriate changes and additions to the project documents.

The design documents may specify the intended contours of the discovered deposits extending beyond the boundaries of the subsurface area(s).

The subsurface user is obliged to comply with the provisions of the examinations of project documents provided for in this Code and other laws of the Republic of Kazakhstan that have received positive conclusions.

According to Article 135 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", an exploration project is drawn up within one year from the date of registration of the exploration and production contract. The exploration project is being developed for the entire exploration period.

The exploration project must contain:

description of the types, methods, technologies, volume and timing of hydrocarbon exploration work for each block;

measures to ensure the rational use and protection of mineral resources;

information on the timing, conditions and cost of work to eliminate the consequences of hydrocarbon exploration.

The exploration project must include the entire scope and deadlines of the work declared by the subsurface user in the work program. If it is necessary to assess the discovered deposit (set of deposits), such work is provided for in the exploration project by making changes and (or) additions for each discovered deposit (set of deposits).

At the same time, the exploration project includes a description of the types, methods, technologies, volume and timing of work to assess the discovered deposit (set of deposits).

It is prohibited to carry out work on prospecting, exploration and evaluation of deposits that are not specified in the exploration project approved by the subsurface user and which has received positive conclusions provided for by this Code and other laws of the Republic of Kazakhstan, as well as in the absence of such an exploration project.

Thus, the objective side of the offense being commented on is manifested in actions (inaction), which are expressed in conducting prospecting, appraisal, and mining operations without duly approved design documents in the field of subsurface use.

The subjective side of the offense can be expressed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium-sized business entity, and a large business entity.

Part 5. The object of the offense is the social and legal relations arising from the combustion of crude gas in accordance with the permit and compliance with the conditions of the permit of the authorized body in the field of hydrocarbons.

In accordance with paragraph 3 of Article 12 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", any hydrocarbons, regardless of their specific gravity, extracted from the subsoil in a gaseous state at normal atmospheric temperature and pressure, including unrefined natural, associated, shale gas, coalbed methane, and also contained in their composition, are recognized as crude gas. non-hydrocarbon gases.

According to Article 146 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", the burning of crude gas in flares is prohibited, except in the following cases::

1) threats or emergencies, threats to the life of personnel or public health and the environment;

2) when testing well facilities;

3) during the trial operation of the deposit;

4) with technologically unavoidable combustion of crude gas.

Technologically unavoidable combustion of crude gas is the combustion of crude gas to ensure an uninterrupted process of hydrocarbon production during commissioning, operation, maintenance and repair of technological equipment, as well as in case of technological failures, failures and deviations in the operation of technological equipment within the standards and volumes established in accordance with paragraph 4 of Article 146 of the Code.

In the cases provided for in subparagraph 1) According to paragraph 1 of Article 146 of the Code, it is allowed to burn raw gas in flares without a permit.

At the same time, the subsurface user is obliged to notify the authorized bodies in the field of hydrocarbons and environmental protection in writing about such combustion within ten days.

Such notification should contain the reasons for the burning of the crude gas and information about the volume of the burned crude gas.

In the cases provided for in subitems 2), 3) and 4) of paragraph 1 of Article 146 of the Code, the flaring of crude gas in flares is permitted with the permission of the authorized body in the field of hydrocarbons, provided that the subsurface user complies with the design documents and the program for the development of processing of crude gas within the standards and volumes determined by the calculation methodology standards and volumes of combustion of crude gas when conducting subsurface use operations approved by the authorized body in the field of hydrocarbons.

The procedure for issuing permits for the burning of crude gas in flares is approved by the authorized body in the field of hydrocarbons. The burning of crude gas during testing of well facilities is allowed in accordance with the expertise provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" and other laws of the Republic of Kazakhstan, approved by the subsurface user and having received positive conclusions, the basic design document or development analysis for the period provided for by the approved subsurface user testing plan for well facilities, not exceeding ninety days for each well facility.

The burning of crude gas during the trial operation of the field may be allowed for a total period not exceeding three years.

The combustion of crude gas during the commissioning of technological equipment, maintenance and repair work is carried out within the limits of standards and volumes calculated according to the methodology approved by the authorized body in the field of hydrocarbons.

In cases of technological failures, failures and deviations in the operation of technological equipment, the subsurface user is obliged to conduct an investigation and submit quarterly reports to the authorized body in the field of hydrocarbons no later than the twenty-fifth day of the month following the reporting quarter, indicating information on the time and volume of burned gas in each case of technological failures, failures and deviations, as well as their the reasons.

The objective side of the offense is expressed in actions (inaction), expressed in the burning of crude gas without permission or without complying with the conditions of permission of the authorized body in the field of hydrocarbons, except in cases provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use".

The subjective side of the offense can be expressed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium-sized business entity, and a large business entity.

Part 6. The object of the offense being commented on is the socio-legal relations that arise when a subsurface user carries out work on the extraction of hydrocarbons with the utilization and (or) processing of crude gas.

In accordance with Article 147 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", crude gas processing is understood as the technological process for producing products from crude gas that meet the requirements of technical regulations and (or) national standards in terms of qualitative and quantitative content of components.

A subsurface user engaged in the extraction of hydrocarbons is obliged to take measures aimed at minimizing the volume of burning of crude gas.

A field development project must necessarily contain a section on the processing (utilization) of crude gas. In order to rationalize the use of crude gas and reduce the harmful effects on the environment, subsurface users are required to develop programs for the development of crude gas processing in accordance with the form approved by the authorized body in the field of hydrocarbons. Programs for the development of crude gas processing are subject to approval by the authorized body in the field of hydrocarbons and must be updated every three years.

Reports on the implementation of programs for the development of crude gas processing should be sent by the subsurface user annually to the authorized body in the field of hydrocarbons in the form approved by it.

It is prohibited to extract hydrocarbons without processing the entire volume of produced crude gas, with the exception of volumes of crude gas:

1) incinerated in the cases and under the conditions established by Article 146 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use";

2) used by the subsurface user for its own technological needs in the amounts provided for in the project document approved by the subsurface user and which has received positive conclusions from the examinations provided for by this Code and other laws of the Republic of Kazakhstan;

3) sold by the subsurface user to other persons for the purposes of processing and (or) disposal.

At the same time, in fields where crude gas processing is not economically justified, the field development project and the crude gas processing development program may provide for the utilization of the entire volume of produced crude gas, with the exception of gas used for own needs, by injection into the reservoir for the purpose of storage and (or) maintenance of reservoir pressure.

A field development project and a crude gas processing development program may provide for the disposal of extracted crude gas by injection into the reservoir in order to maintain reservoir pressure, provided that other methods of maintaining reservoir pressure in such a field are ineffective and such injection has a sufficient level of safety for the environment and human life.

In the case of joint development, design documents and programs for the development of crude gas processing may provide for the utilization of extracted crude gas from one field by injecting it into the reservoir of another field (including deposits of other subsurface users) in order to store it and (or) maintain reservoir pressure.

It is prohibited to inject crude gas into the reservoir that is not provided for by the field development project, as well as carried out in violation of the field development project.

Subsurface users and the authorized body in the field of hydrocarbons may implement joint projects for the processing of crude gas. Unless otherwise stipulated by the subsoil use contract, the extracted associated gas is the property of the state.

The objective side of the offense is expressed in actions (inaction) to carry out work by the subsurface user for the extraction of hydrocarbons without the disposal and (or) processing of crude gas.

The subjective side of the offense can be expressed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium–sized business entity, and a large business entity.

Part 7. The object of the offense is the social and legal relations that arise when observing the procedure for project documentation during the construction of necessary field facilities and other infrastructure facilities necessary for the extraction, preparation, storage and transportation of hydrocarbons from the place of production and storage to the place of transshipment to the main pipeline and (or) to another type of transport.

In accordance with Article 124 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", the field development provides for the construction of field and other facilities necessary for the extraction, preparation, storage and transportation of hydrocarbons from the place of production and storage to the place of transshipment to the main pipeline and (or) to another type of transport.

The field development is carried out in accordance with the technical design documents developed on the basis of the trial operation project and (or) the field development project.

During the design and construction of facilities for the development of a hydrocarbon deposit, measures for the safe operation of these facilities, localization and minimization of the consequences of possible emergency situations must be observed.

During the construction of facilities, the order of their commissioning, established by the design documents, must be observed.

According to paragraphs 96-98 of the "Uniform Rules for the Rational and Integrated use of Subsurface resources", approved by the Order of the Minister of Energy of the Republic of Kazakhstan dated June 15, 2018 No. 239, the technical project for the development of the field, according to the Code "On Subsurface and Subsurface Use" is based on a trial operation project, a field development project or a field development analysis in accordance with requirements of the relevant authorized body in the field of construction.

The field development provides for the construction of field and other facilities necessary for the extraction, preparation, storage and transportation of hydrocarbons from the place of production and storage to the place of transshipment to the main pipeline and (or) to another type of transport.

During the design and construction of facilities for the development of a hydrocarbon deposit, measures must be taken to ensure the safe operation of these facilities, to localize and minimize the consequences of possible emergencies.

Thus, the objective side of the offense being commented on is characterized by actions (inaction), which are expressed in deviations from the design documentation approved in accordance with the established procedure during the construction of necessary field facilities and other infrastructure facilities necessary for the extraction, preparation, storage and transportation of hydrocarbons from the place of production and storage to the place of transshipment to the main pipeline and (or) to another type of transport.

The subjective side of the offense can be expressed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium–sized business entity, and a large business entity.

Part 8. The object of the commented offense is the established procedure for the operation of wells.

Paragraphs 1-6 of the Rules for Ensuring Industrial Safety for Hazardous Production Facilities in the Oil and Gas Industries, approved by Order No. 355 of the Minister of Investment and Development of the Republic of Kazakhstan dated December 30, 2014, indicate that drilling of a well can be started when the drilling rig is completed and accepted by a commission appointed by the order for the enterprise. A representative of the territorial subdivision of the authorized body in the field of industrial safety participates in the work of the commission. The notification of the commission's work date is sent to the territorial authorized body in the field of industrial safety 5 days before the start of the commission's work.

In case of non-appearance of a representative of the territorial subdivision of the authorized body in the field of industrial safety, the commission carries out the acceptance of the drilling rig without his participation.

Prior to drilling, the drilling rig is equipped with chisels, drill pipes, casing pipes for the conductor and the first intermediate column (if less than 30 days before its descent), small-scale mechanization devices, a set of hand tools, instrumentation, locking and safety devices, fishing tools, fire-fighting equipment, emergency alarms, intercom devices, protective equipment, and also a stock of wear-resistant parts and assemblies, materials and chemical reagents for the preparation of drilling mud, a sub-conductor and the first intermediate column. The supply of drilling mud should provide 2 times the volume of the well.

The drilling organization must have a project for the construction of a well, a geological and technical order for drilling operations, basic technical documentation for drilling equipment, test certificates carried out after the completion of the installation work of the rig according to the manufacturer's instructions, a sketch of the layout of the bottom of the drill string, a diagram of the installation of drilling equipment, communication circuits, power grids and grounding devices. The readiness for start-up is formalized by the act of commissioning the drilling rig.

Preparatory work for drilling a well, rigging of a talus system, drilling and pit equipment are carried out in accordance with these Rules.

Drilling of the well begins in the presence of an approved project for the construction of the well, a geological and technical order and a start-up conference act.

During the restoration of inactive wells of the operational fund, reconstruction of wells associated with the wiring of a new trunk, followed by a change in design and purpose, a well construction project is being developed.

In the process of drilling a well, its studies are carried out to clarify the geological characteristics, the presence of water, oil and gas horizons, reservoir and pore pressures across all stratigraphic horizons.

Drilling methods and modes, types of chisels should be selected taking into account the geological and technical conditions of well wiring and ensuring quality indicators for drilling intervals and for the well as a whole.

The types of chisels, methods and modes of drilling wells are selected based on data obtained during the wiring of geological and nearby wells (areas).

Before opening (for 50-100 meters) layers with fluids containing hydrogen sulfide, and for the entire period of their opening:

1) a geological and technological research station (hereinafter referred to as GTI) is being installed;

2) safety signs are installed around the drilling site (on access roads, in places of possible passage to the drilling site);

3) the serviceability of devices for monitoring the content of hydrogen sulfide in the air of the working area, the availability and readiness of personal protective equipment (hereinafter referred to as PPE), personal respiratory protection equipment (hereinafter referred to as PPE OD),;

4) the drilling mud is treated with a neutralizer;

5) the knowledge of the PLA staff and the skills of using PPE, first aid, is checked, with registration in the briefing log;

6) a reserve of materials and chemical reagents neutralizing hydrogen sulfide is created at the drilling site, sufficient to process drilling mud in an amount of at least two volumes of the well;

7) round-the-clock duty of representatives of the ACC, transport for the evacuation of personnel is organized;

8) ensures that the drilling rig has cementing units in constant readiness for operation.;

9) routes for workers to leave the danger zone in emergency situations are determined;

10) A volume of cement is being stored at the drilling site for the installation of a cement bridge. Cement is tested for setting time and strength once every 10 days.

Before opening productive horizons, readiness for the elimination of gas and oil production events (hereinafter referred to as GNVP) is checked, warning posters and safety signs are installed.

The driller and the members of the watch check the safety status of the workplaces every shift, make entries in the logbook. The team leader draws up a daily report. During operation, the driller monitors instrument readings, the serviceability of technical equipment and the actions of employees to comply with the Rules. If violations are detected, inform the head of work and take measures to ensure the safety of equipment, processes and personnel actions as directed by the head of work.

In case of an emergency, the PLA is activated, the mouth is sealed and personnel are evacuated. The drilling rig is provided with a closed circulation system of drilling mud, a sewage and sludge collection system that eliminates environmental pollution.

The drilling rig site is planned taking into account the natural slope of the terrain and ensuring the movement of wastewater towards the settling tanks. Stationary or mobile catwalks and racks with stops should be installed on the work site. The dimensions of the racks are determined from the condition of the possibility of safe laying of pipes and rods for a given well.

The length of the receiving bridge along the deck must be at least 14.0 meters, width at least 2.0 meters, height no more than 0.5 meters. The use of smooth metal is not allowed. The racks are installed with the condition of laying pipes and rods without deformation, must have folding metal racks that protect the pipes from rolling out and have at least two passages to the receiving bridge on each side with stairs with handrails.

The site is provided with safety signs, lighting and fencing of the danger zone. Drilling of the pit for the leading (working) pipe is carried out using a special device. The height of the upper part of the pit above the floor level of the work area is 0.5-0.8 meters. It is not allowed to install the lead pipe in the pit with its emphasis on the bottom. Mechanization devices are used to install the lead pipe.

The brake lever is provided with a lock. With manual feeding, a safety device is used, fixed to the floor of the driller site. During the drilling process, it is not allowed to remove the fence, disable locks and safety devices.

During drilling, it is not allowed to exceed the permissible loads and the pressure of the drilling fluid circulation. Before drilling begins, the technical condition of the rock-crushing tool, downhole engine, drill string layout, instrumentation and control equipment is checked. Drilling is not allowed if a malfunction is detected.

The control of the technological process is carried out with the registration of the drilling mode and the readings of the concentration of gases in the drilling fluid on the diagrams. The parameters of the drilling fluid and the measurement time are indicated in the drilling fluid parameter log.

If it is impossible to comply with the drilling regime, detect signs of a dangerous situation and a safety violation, the driller notifies the work manager. Subsequent actions are performed by employees according to his instructions. When work is stopped, measures are taken to prevent accidents.

When drilling is stopped for a long time, at the direction of the head of the facility, the drilling tool rises into the interval of the lowered casing with the sealing of the mouth. To prevent complications in the open shaft, periodic templating, flushing and study are performed with registration in the drill string measurement log.

During the drilling process, the trajectory of the borehole is monitored. The volume and frequency of measurements are determined by the mining and geological drilling conditions, the well construction project, and the actual trajectory of the borehole. When drilling vertical wells, the deviation from the vertical should not exceed 3-5 degrees.

Drilling of directional and horizontal shafts is carried out using a telemetry control system. When drilling in a productive gas reservoir, the mechanical penetration rate is limited to the values at which degassing of the drilling fluid is ensured.

In case of emergency situations at wells under drilling, when the use of liquidation methods is not effective, the second and subsequent shafts are drilled.

The opening of layers with hydrogen sulfide is carried out after checking and establishing the readiness of equipment and personnel for work, checking the implementation of measures to protect personnel and the public in the area of possible gas contamination in the event of an emergency or a dangerous situation.

The results of the inspection are formalized by an act indicating the condition and readiness of the facility and personnel to open horizons with hydrogen sulfide. When drilling formations containing hydrogen sulfide, the presence of hydrogen sulfide and sulfides in the washing liquid is monitored. When hydrogen sulfide is detected, the drilling mud is treated with a neutralizer, and safety measures are taken.

Drilling of productive horizons is carried out with the installation of ball valves in an anti-corrosion design, in the presence of a spare valve and check valves with an opening device.

There is a compressed pipe on the walkway, which corresponds in diameter and strength characteristics to the upper section of the drill string. The pipe is painted yellow with the ball valve installed in the open position.

For the early detection of GNVP, direct and indirect signs should be monitored according to the indicators:

1) the concentration of gases, the presence of sulfides and the density of the washing liquid;

2) Mechanical drilling speed and pressure in the injection line;

3) the level of flushing liquid in the well when the circulation stops;

4) the level of flushing liquid in the receiving tanks;

5) the flow rate and circulation volume of the washing liquid;

6) load changes during well drilling.

The opening of the productive horizon is carried out in the presence of a universal and three spot preventers, one of which is equipped with cutting dies.

Carrying out any experimental and experimental work during drilling and development of a productive reservoir is allowed according to the program agreed with the ACC and approved by the technical head of the organization.

When testing the well, a checkpoint is established, which excludes the possibility of unauthorized persons and vehicles entering the territory. Before removing the core from the core receiver, personnel not associated with this work are removed from the receiving bridge. Personnel performing core extraction and processing work are provided with insulating gas masks and rubber gloves. Core samples are placed in airtight containers made of hydrogen sulfide resistant materials. The core storage facility is equipped with a stationary gas detector and a ventilation system.

The well design should ensure:

1) maximum use of reservoir energy of productive horizons during operation due to the optimal design of the face and the diameter of the production column;

2) the use of efficient equipment, optimal methods and modes of operation, maintenance of reservoir pressure, thermal effects of methods to increase oil and gas recovery;

3) conditions for safe operation without accidents and complications at all stages of well construction and operation;

4) obtaining mining and geological information on the section being opened;

5) conditions for the protection of the subsurface and the environment, primarily due to the strength and durability of the well supports, the tightness of the casing strings and the annular spaces they overlap, and the isolation of fluid-containing horizons from each other and from the daytime surface;

6) maximum unification according to the standard sizes of casing pipes and borehole;

7) conducting a strength and tightness test;

8) in deposits with the presence of hydrogen sulfide, harmful and aggressive substances, casing pipes, grouting cements and materials resistant to corrosion and sulfide corrosion cracking are used.;

9) compliance with the actual geological and technical conditions for the construction and operation of wells.

The optimal number of casing strings and the depth of their descent are determined by the number of zones incompatible with drilling conditions according to the gradients of reservoir pressures and hydraulic fracturing pressures (rock strength and stability, zones with intense absorption). The shoe of the last column (before the descent of the production column), overlapping rocks prone to flow or plastic deformation, should be installed below their soles.

Before opening productive and pressure aquifers, it is planned to lower at least one intermediate column or conductor to a depth that excludes the possibility of rock rupture during mouth sealing. The diameter difference between the borehole walls and the casing couplings is selected to maximize the smooth descent of each column to the depth provided by the well construction project and their high-quality cementing.

The choice of casing pipes is carried out taking into account the excessive expected external and internal pressures, axial loads on the pipes and the aggressiveness of the fluid, both at the stages of construction and during well operation. When drilling vertical wells using the rotary method through 50-60 flights of the drill string, directional and horizontal wells through 40-50 flights of the drill string, to measure the wear of the casing using geophysical methods in order to determine its residual resource.

The strength of casing strings with wellhead equipment and blowout equipment (hereinafter referred to as air defense) must ensure safety during:

1) sealing of the wellhead and sealing of the well during the elimination of GNVP, discharge, OF;

2) the effect of hydrostatic and dynamic pressure of the drilling fluid, the maximum density in the column;

3) the effect of maximum crushing loads at low pressure, OF, absorption and flow zones;

4) the impact of vertical loads on stretching and crumpling.

The design of the wellhead and the column head in order to prevent and eliminate accidents and GNP provides for:

1) suspension with calculated tension of intermediate and operational columns, taking into account compensation of temperature deformations at the stages of well (column) operation, and suspension of the drill pipe column for air defense;

2) control of fluid phenomena behind casing columns;

3) the possibility of emergency drilling of the well.

Preparation of the borehole and casing pipes for descent, descent and cementing of casing columns is carried out according to the work organization plan (hereinafter referred to as the POR). The initial data for the calculation of the column, the coefficients of the column safety margin, the results of the calculation of the column and its cementing, cement analysis, and the act of readiness of the drilling rig for the descent of the column are attached to the ERP.

Before the casing is lowered into the borehole, a complex of electrometric and research works is carried out to carry out the technological fastening process. It is not allowed to carry out geophysical surveys and prepare the borehole for fastening in the presence of hydraulic fracturing or absorption of drilling fluid until they are eliminated.

Casing columns are calculated for strength under the maximum expected overpressure, determined taking into account the depth of substitution of the solution with a reservoir fluid or a gas-liquid mixture at low pressure or low pressure. For the remaining wells, the replacement depth is set taking into account the degree of reliability for each group of wells when drafting a well construction project.

The project for the construction of the well provides for the lifting of grouting mortar:

1) behind the conductor – to the wellhead;

2) behind the intermediate columns – taking into account the overlap of the shoe of the previous column of at least 100 meters;

3) behind the production columns:

4) oil wells – taking into account the overlap of the shoe of the previous column of at least 100 meters;

5) for gas and injection wells – up to the mouth.

When casing pipes with a metal-to-metal type threaded joint sealing unit are used in gas and injection wells, cement is lifted into the shoe of the previous column for at least 100 meters. Directions, conductors, countersunk columns, lower and intermediate steps during step cementing, lower and intermediate sections of sectional columns are cemented for the entire length.

The minimum lifting height of the grouting solution above the fluid-containing horizons, above the roof of underground gas and oil storage facilities, above the stepped cementing device (joint of sections) of the upper stage (section) of the casing is at least 150-300 meters for oil and 500 meters for gas wells.

The maximum length of the non-cemented upper part of the column is assumed based on the calculation of its full discharge when equipping the wellhead with a column head. Step-by-step cementing devices and joints of casing sections should be located:

1) in the cased borehole, the previous column is at least 50 meters higher than the shoe; the same applies to the "head" of the hidden column;

2) in the unplanted part of the well – in the range of stable rocks with a bore diameter close to the nominal, below the upper limit of the interval of at least 30-50 meters and above the lower limit of at least 50-75 meters.

The height of the grouting mortar above the roof of the fluid-containing layers, when pumped in one step, is no more than that at which:

1) it is ensured that the hydrostatic pressure of the composite column of drilling mud and cement mixing fluid exceeds the maximum reservoir pressure by at least 2 percent;

2) the possibility of hydraulic fracturing or intensive absorption of drilling fluid at the end of the sale is excluded;

3) the strength of the column is ensured when unloading onto the cement ring for installing the column head.

It is not allowed to start lowering the casing string into a well complicated by the absorption of drilling mud with simultaneous fluid occurrence, scree, landslides, tightening and planting of the drill string until the complications are eliminated.

Before lowering and cementing the casing, the work manager, the driller and specialists check the technical condition of the drilling rig (mast), base, winch, hoisting system, lifting equipment and tools, power drive, condition of the receiving bridge, platform, numbering and laying of pipes, flooring, the presence of fences, locks and safety devices, the serviceability of the instrumentation and control equipment of the drilling rig and the cementing control station, the readiness of the cementing units, the availability of cement and chemicals, the availability of lighting equipment, safe zones and distances of equipment and personnel, the installation of safety signs, the appointment of managers and performers, the establishment of a regime and schedule of work, the availability of individual and collective means to protect personnel, the introduction of access control to the site.

Based on the results of the inspection, an act of the facility's readiness for the descent and cementing of the casing is drawn up. If a malfunction of the equipment is detected, it is eliminated before the start of work on the descent and cementing. In case of deviation from the ERP, the head of work, the technical head of the organization is notified and further actions are carried out according to their instructions, additional security measures are taken.

The leakproofness of the intermediate column and the air defense system is checked in the presence of an ACC representative, and the operational column and the fountain fittings are checked in the presence of the ACC and the customer, followed by an act. Before the casing is lowered, the borehole is patterned and prepared according to the PORE.

The casing is lowered using mechanization equipment, a spider, elevators with appropriate lifting capacity and keys. The safety rings and nipples are unscrewed with keys and placed outside the working area of the site. Before the descent, each casing pipe is checked with a template, the condition of the thread and the outer surface. If there is a discrepancy, the pipe is rejected with a paint mark. It is not allowed to be near the bottom of the casing pipe when templating.

During descent, the driller monitors the full twist of the thread of each casing pipe, the readings of the weight indicator, the top-up of the well, the volume and parameters of the displaced drilling fluid, and the readings of the concentration of gases in the drilling fluid. After the casing pipes are lowered, the site and the mouth are prepared for grouting equipment.

Distances are set for the safe maintenance of cementing units, cement mixing machines, and cementation control stations.:

1) from the wellhead to the block manifolds at least 10-12 meters;

2) from the manifold block to the cementing unit, at least 5-10 meters;

3) there is at least 1.5 meters between the cementing unit and the cement mixing machine.

The cabins of the mobile units are located away from the wellhead.

Before installation on the column, the cementing head is compressed with a gradual increase in pressure exceeding the maximum design pressure for cementing the well, with a safety factor of 1.5 times and an exposure time of at least 5 minutes. Pipelines and manifolds from the cementing unit to the cementing head are compressed to the maximum pressure expected during the well cementing process, with a safety factor of 1.5 times and an exposure time of at least 5 minutes.

It is allowed to cement the well in the presence of proven safety valves and pressure gauges on the units, pressure gauges on the cementing head. Well cementing is carried out during the daytime. During well cementing in the evening and at night, the installed units on the site are illuminated. Each cementing unit has individual lighting.

The estimated duration of cementing is determined from the condition of no more than 75 percent of the start time of grouting. Before cementing, a laboratory analysis of the grouting mixture is performed and the start time of solidification is determined on the samples with an entry in the drilling mud parameter log. The casing descent mode and the hydraulic cementing program are calculated and implemented with the condition of minimal possible repression on productive horizons and prevention of complications associated with hydraulic fracturing and absorption. During the cementing process, the parameters are recorded, with an entry in the drilling mud parameter log.

The height of the upper part of the casing is determined according to the equipment scheme of the mouth and the design of the column head, taking into account the possibility of emergency work during the liquidation of the OP. After lowering the casing, cementing, testing for strength and tightness, certificates are drawn up with the conclusions of geophysical studies of the condition of the casing and the cement ring. The territory of the facility and the site are brought to a safe state after the completion of the well fixing work.

Before the reconstruction of wells by an oil and gas producing organization, their technical and safe condition is established with the involvement of representatives of the ACC, research and design organizations.

The basis for making a decision on the reconstruction of a well is the results of a preliminary study of the technical condition, assessment of the reliability and safety of the used part of the well during reconstruction and subsequent operation. The results of the adopted decision are formalized by the protocol of the commission.

Reconstruction and drilling of new wells in emergency, mothballed wells must be carried out in accordance with the requirements of these Rules. The selection and installation of a drilling rig, equipment with technical means, air defense, instrumentation and control systems are established in relation to the types of planned repair and restoration work and operations, taking into account safety during the work. After the installation is completed, the installation is put into operation by the commission.

Before starting work on drilling a new trunk, the overflows in the annular space and the intercolonial pressure detected during the study of the well are eliminated. To cut a new trunk, a cement bridge with a deflector is installed in the casing. The presence and strength of the bridge is checked by unloading the drilling tool, which does not exceed the maximum permissible load on the cement stone. The cement bridge is tested by hydraulic crimping together with the casing and the installed air defense system for maximum pressure during the occurrence and elimination of GNVP.

Drilling of new wells is carried out under constant monitoring in accordance with the ERP and the well construction project. The spatial position of the new shaft eliminates the possibility of a negative impact on the wells of the field (operating, mothballed, liquidated) located in the area of the design trajectory of the well profile.

Thus, the objective side of the offense is characterized by the fact that the act is expressed in actions for the operation of wells in violation of the requirements established by law.

The subjective side of the commented offense is expressed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium-sized business entity, and a large business entity.

Part 9. The object of the offense being commented on is the socio-legal relations that arise when conducting operations for the exploration and (or) production of hydrocarbons at sea on the basis of a permit or in compliance with the conditions of a permit issued by an authorized body in the field of hydrocarbons.

154 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" stipulates that the surface of the water column is recognized as a sea, as well as the bottom of the Caspian and Aral Seas within the Kazakh part. Artificial reservoirs and watercourses located within the borders of the Republic of Kazakhstan are recognized as internal reservoirs.

A safety zone is a land area extending from the coastline of the sea for five kilometers towards the land, which may be polluted due to an oil spill in the sea and inland waters or be a source of marine pollution.

Artificial islands, dams, structures, installations, pipelines and other objects used in the exploration and (or) production of hydrocarbons at sea are recognized as marine objects.

Subsurface users conducting exploration and (or) production of hydrocarbons at sea are obliged to follow the best practices for environmental protection at sea, not to interfere with or harm maritime navigation, fishing and other legitimate activities usually carried out in a particular area of the sea.

A prerequisite for granting the right to subsurface use of hydrocarbons at sea is the participation of a national company in the field of hydrocarbons as a subsurface user under a contract in the amount of at least fifty percent.

Subsequently, the specified amount of the national company's equity participation in the contract may be reduced, provided that the national company retains its control over decision-making by subsurface users under the contract.

In order to minimize the negative impact on the environment, subsurface users conducting exploration and (or) production of hydrocarbons at sea may jointly implement projects for the use of offshore facilities.

A subsurface user conducting exploration and (or) production of hydrocarbons at sea is responsible for damage caused to the environment, individuals and (or) legal entities in the event of marine pollution resulting from ongoing operations on subsurface use of hydrocarbons at sea, regardless of the presence of guilt, unless it is proved that the damage was caused. due to force majeure or intent of the victim.

A subsurface user conducting exploration and (or) production of hydrocarbons at sea is obliged to ensure, at his own expense, the delivery from shore of representatives of government agencies authorized to conduct inspections in accordance with the legislation of the Republic of Kazakhstan at offshore facilities owned by the subsurface user.

Inspections by representatives of government agencies at offshore facilities should not interfere with the normal activities of the subsurface user.

A subsurface user engaged in offshore hydrocarbon exploration has the right to start drilling wells only after conducting all necessary geophysical and seismic surveys of the exploration area, as well as meeting the requirements of paragraph 1 of Article 156 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use".

In particular, it is prohibited to conduct operations at facilities that carry the risk of an oil spill, with the exception of ships without:

1) conducting an oil spill risk assessment;

2) the approved object plan;

3) availability of own or contractual resources;

4) fulfillment of the conditions stipulated by the Code.

It is prohibited to drill a search, exploration, production or other well that is not provided for by an approved subsurface user and has received positive conclusions from the well drilling project provided for by this Code and other laws of the Republic of Kazakhstan, with the exception of drilling a silencing well when a previously drilled well gets out of control, provided that the use of other methods of taking such a well under control is impossible or it is ineffective under the circumstances.

In this case, the subsurface user is obliged to notify the competent authority in writing about the start of drilling of a silencing well within a reasonable time, indicating the specific circumstances and reasons that influenced the decision to drill such a well.

A subsurface user engaged in the exploration and (or) production of hydrocarbons within the safety zone is obliged to take the necessary measures to eliminate marine pollution in the event of a rise in water levels.

The provisions of this Code, established for subsurface use operations in respect of hydrocarbons at sea, shall apply to operations on subsurface use of hydrocarbons in inland bodies of water and in the safety zone.

93 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" regulates the requirements for persons applying for the right to subsurface use of hydrocarbons. Thus, when granting the right of subsurface use for hydrocarbons, the person acquiring the right of subsurface use:

1) it should not be at the stage of liquidation (for legal entities), reorganization (for legal entities) or bankruptcy;

2) must not have outstanding arrears in the payment of taxes and other mandatory payments to the budget;

3) in case of obtaining the right of subsurface use for exploration and production of hydrocarbons, it must have sufficient financial resources to meet the minimum requirements for the volume and types of work on the subsurface area during the exploration period.

In order to confirm the availability of financial resources sufficient to meet the minimum requirements for the volume and types of work on the subsurface area during the exploration period, in the cases provided for by this Code, one of the following documents shall be submitted:

1) a copy of the applicant's balance sheet for the year preceding the filing of the application, confirming the person's ability to finance the fulfillment of the minimum requirements for the volume and types of work on the subsurface area during the exploration period;

2) documentary data on the availability of own funds (a certificate from a second-tier bank on the status of the applicant's accounts) or borrowed funds (loan agreement, other agreement) in an amount sufficient to meet the minimum requirements for the volume and types of work on the subsurface area during the exploration period.

In order to obtain the right of subsurface use in a subsurface area at sea, in addition to the above requirements, a person must have positive experience in conducting subsurface use operations on the territory of the continental shelf of the Republic of Kazakhstan or inland waters of the Republic of Kazakhstan or at sea outside the territory of the Republic of Kazakhstan.

Thus, the objective side of the offense is expressed in actions to conduct operations for the exploration and (or) production of hydrocarbons at sea without a permit, except in cases provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", or without complying with the conditions of the permit of the authorized body in the field of hydrocarbons.

The subjective side of the offense is characterized by the fact that the act can be committed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium-sized business entity, and a large business entity.

Part 11. The object of the offense being commented on is the established procedure for conducting operations for the exploration and (or) production of hydrocarbons at sea, associated with the risk of an oil spill at sea, using an approved plan for the organization of work to prevent and eliminate oil spills.

Article 157 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" explicitly stipulates that when conducting subsurface use operations for hydrocarbons at sea and in inland waters, the creation, placement and operation of offshore facilities are permitted, provided that environmental protection and conservation are ensured in accordance with the approved subsurface user and the positive conclusions provided for by this Code and other laws of the Republic of Kazakhstan. examinations of the basic project document.

The creation and placement of marine facilities is allowed with the permission of the authorized body in the field of hydrocarbons, agreed with the authorized body in the field of use and protection of the water fund, the authorized body in the field of protection, reproduction and use of wildlife, the Border Service of the National Security Committee of the Republic of Kazakhstan, the central executive body implementing state policy in the field of defense.

Safety zones are established around marine facilities, which extend for a distance of five hundred meters from each point of their outer edge. Marine facilities, as well as the surrounding safety zones, are located in places where they cannot interfere with sea routes that are important for international navigation and fishing.

Persons responsible for the maintenance and operation of offshore facilities must ensure their protection, as well as the availability of appropriate means to warn of their location in accordance with the legislation of the Republic of Kazakhstan.

After the completion of the operation of offshore facilities during exploration and (or) production of hydrocarbons at sea and inland waters, such facilities, if they cannot be further used for economic or other purposes, must be dismantled in such a way that they do not endanger the safety of people and the environment and do not interfere with navigation or fishing.

The creation, placement and operation of offshore facilities used in the exploration and (or) production of hydrocarbons at sea and inland waters are carried out in accordance with the procedure approved by the authorized body in the field of hydrocarbons.

The objective side of the offense is expressed in actions to conduct operations for the exploration and (or) production of hydrocarbons at sea by an individual or legal entity engaged in activities at sea related to the risk of an oil spill at sea, without an approved plan for the organization of work to prevent and eliminate oil spills.

The subjective side is characterized by the fact that the act can be committed both in the form of intent and negligence.

The subject of a special offense is an individual or a legal entity operating at sea (an individual, a small business entity, a medium-sized business entity, a large business entity.

Part 12. The object of the offense is the social and legal relations that arise in the process of conducting operations for the exploration and (or) production of hydrocarbons at sea using their own materials and equipment necessary to eliminate the consequences of an oil spill of the first and second levels at sea, or without a signed contract with a specialized organization.

Thus, in accordance with Article 156 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", it is prohibited to conduct operations at facilities that carry the risk of an oil spill, with the exception of vessels without:

1) conducting an oil spill risk assessment;

2) the approved object plan;

3) availability of own or contractual resources;

4) fulfillment of the conditions stipulated in paragraphs 2 and 3 of this Article.

Owners of facilities bearing the risk of an oil spill, with the exception of ships, are required to:

1) for the elimination of first–level oil spills at sea, it is necessary to have the resources necessary for the complete elimination of such oil spills available at an offshore facility or within a thirty-minute reach.;

2) to eliminate second-level oil spills at sea:

have resources available at the offshore facility or within thirty minutes' reach in an amount sufficient for the period until the arrival of the resources of the local coastal services;

ensure the arrival of local coastal services resources, if necessary.

In the absence of their own resources to eliminate oil spills of the first and second levels, the owners of facilities bearing the risk of an oil spill, with the exception of ships, are required to conclude contracts with specialized organizations for the elimination of oil spills at sea.

If necessary, the owners of facilities bearing the risk of an oil spill have the right to attract resources within the framework of agreements on cooperation and mutual assistance in the elimination of oil spills.

The minimum standards and requirements for the resources necessary to eliminate oil spills at sea, inland waters and in the safety zone are established by the authorized body in the field of hydrocarbons.

In order to provide resources for the elimination of oil spills of the third level, the owner of an object bearing the risk of an oil spill, with the exception of ships, is obliged to conclude an agreement with a specialized organization for the elimination of oil spills at sea, which has international recognition, qualified personnel and appropriate equipment.

In case of detection of an oil spill at sea, inland waters and in the safety zone, the owners of facilities bearing the risk of an oil spill are obliged to immediately inform the territorial divisions of the authorized bodies in the field of environmental protection and civil protection.

The procedure for informing ships about an oil spill is determined by the legislation of the Republic of Kazakhstan in the field of merchant shipping.

When eliminating oil spills at sea, inland waters and in the safety zone, preference should be given to methods aimed at maximizing human health and environmental protection based on an analysis of the total environmental benefits. The rules for determining the optimal methods for the elimination of accidental oil spills at sea, inland waters and in the protective zone of the Republic of Kazakhstan are approved by the authorized body in the field of environmental protection.

After measures have been taken to localize the source of the oil spill and eliminate the oil spill, and the causes of accidents and incidents have been investigated by the owners of facilities that pose an oil spill risk and/or specialized oil spill response organizations, a report on the work done is submitted to the authorized bodies in the field of environmental protection and civil protection.

The owners of offshore facilities additionally submit a report to the authorized body in the field of hydrocarbons.

The owner of an object bearing the risk of an oil spill is obliged to fully compensate for the damage caused to the environment and third parties as a result of oil spills at sea, in inland waters and in the safety zone, as well as the costs of the state for the elimination of oil spills.

These requirements also apply to individuals and legal entities engaged in activities related to the risk of an oil spill at sea, with the exception of persons whose facilities are subject to the International Convention for the Prevention of Pollution from Ships of 1973, as amended by the Protocol of 1978 (MARPOL 73/78).

When qualifying for this part of Article 356 of the Administrative Code, it is necessary to take into account the "Minimum standards and requirements for the resources necessary to eliminate oil spills at sea, inland waters and in the safety zone", approved by the Order of the Minister of Energy of the Republic of Kazakhstan dated April 18, 2018 No. 130.

For example, in chapter 1, "Seaports. The first oil spill level" of the specified Minimum Standards contains the following equipment requirements: coastal small-size oil spill response vessel (OSR) -1 engine power 200 horsepower or more; brush/disc type oil collector - 2 units capacity - 10 tons per hour or more; booms with equipment for their deployment (coils, power units, air compressors, etc.) - 300 m / 250 mm or more; shore sealing boom 50 m - anchor set of 10 units; water pumps with hoses, inflatable pumps for pumping air chambers of booms - 1 unit; temporary storage tanks for collected oil 2 units 10 m3; gas detector (gases)- 2 units; generator - 1 unit with a capacity of 4 kVA.

In Chapter 3, "Seaports and facilities. The "second oil spill level" of the Minimum Standards specifies the following requirements: a vessel with which it is possible to deploy booms at sea (main vessel of the LARN) - 1 unit; an additional vessel for deploying booms (auxiliary vessel) - 1 unit; a small coastal vessel for the LARN - 1 unit, engine power 200 horsepower and more; oleophilic (disc) oil collector - 2 units with a capacity of 12 m3/h or more; spillway oil collector system - 1 unit with a capacity of 20 m3/h or more; vacuum oil collection system - 2 units with a capacity of 12 m3/h or more, a capacity of 10 m3/h or more; inflatable boom with equipment for their deployment (coils, power units, air compressors, etc.) - 500 m / 1100 mm or more; coastal boom made of foam or inflatable with equipment for their deployment (coils, power units, air compressors, etc.); diesel power plants with hydraulically driven hoses for spinning booms and pumping booms chambers - 1200 m /750 mm, 400 m / 450-550 mm; temporary storage tanks for collected oil 4 units of 10 m3; generator 1 unit capacity – 4 kVA; 1 unit capacity – 25 kVA; gas detectors (gases) 2 units.

Thus, the objective side of the offense is expressed in actions (inaction) to conduct operations for the exploration and (or) production of hydrocarbons at sea without their own materials and equipment necessary to eliminate the consequences of an oil spill of the first and second levels at sea or without a signed contract with a specialized organization.

The subjective side is characterized by the fact that an offense can be committed both in the form of direct intent and negligence.

The subject of a special offense is persons engaged in operations for the exploration and (or) production of hydrocarbons (individuals, small businesses, medium–sized businesses, large businesses.

Part 13. The composition of the administrative offense of the commented part of Article 356 of the Administrative Code is similar to part eight. The object of the commented offense is the established procedure for the operation of wells.

The objective side of the offense is characterized by the fact that the act is expressed in actions for the operation of wells in violation of the requirements established by law.

The subjective side of the commented offense is expressed both in the form of direct intent and negligence.

The subject of a special offense is a small business entity, a medium-sized business entity, and a large business entity.

The qualifying feature is the commission of this offense repeatedly within a year after the imposition of an administrative penalty.

Part 14. In order to qualify under this part of Article 356 of the Administrative Code, it is necessary that a person has committed one of the administrative offenses provided for in parts four, five, six and nine of this article of the Administrative Code repeatedly within a year after the imposition of an administrative penalty.

In other words, the elements of an administrative offense (object, objective side, subjective side, subject) provided for in parts four, five, six and nine of art. 356 of the Administrative Code are identical for part fourteen. All that is needed is a qualifying feature – repetition within a year after the imposition of an administrative penalty.

According to Article 684 of the Administrative Code, judges of specialized district and equivalent administrative courts consider cases of administrative offenses provided for in Article 356 (part fourteen). Administrative Code.

In accordance with Part 1 of Article 687 of the Administrative Code, the authorized body for the study of mineral resources considers cases of administrative offenses provided for in Article 356 (part one). Administrative Code. Part 1 of Article 688 of the Administrative Code stipulates that the authorized body in the field of hydrocarbons considers cases of administrative offenses provided for in Article 356 (parts one, three, four, five, six, seven, eight, nine and thirteen) Administrative Code.

In accordance with Part 1 of Article 697 of the Administrative Code, the authorized body in the field of environmental protection examines cases of administrative offenses provided for in Article 356 (part two). Administrative Code. Part 1 of Article 698 of the Administrative Code states that the authorized body in the field of industrial safety considers cases of administrative offenses provided for in Articles 356 (parts eleven and twelve) Administrative Code.

It should also be borne in mind that according to paragraphs 42) of Part 1 of Article 804 of the Administrative Code in cases of administrative offenses considered by the courts, authorized officials of the authorized body in the field of hydrocarbons have the right to draw up protocols on administrative offenses (art. 356 (part fourteen 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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