COMMENTARY TO CHAPTER 13. GOALS, PRINCIPLES, MAIN DIRECTIONS AND TYPES INTERNATIONAL COOPERATION OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF SUBSURFACE USE AND PROTECTION OF SUBSURFACE TO THE CODE OF THE REPUBLIC OF KAZAKHSTAN "ON SUBSURFACE AND SUBSURFACE USE"
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(Yelyubaev J.S.)
1. Chapter 13 of the Subsoil Code, consisting of only three norms, sets out the goals, principles, and main directions of international cooperation of the Republic of Kazakhstan in the field of subsoil use and protection.
2. This Chapter is an important legal institution of Kazakh legislation regulating relations related to the management of mineral resources in the context of globalization and the integration of the economy of Kazakhstan with the economies of other countries. Previously, there were no such norms in the legislation on subsoil and subsurface use, therefore they are novelties that are in demand at the current stage of development of our state.
3. In addition, the Republic of Kazakhstan has signed and acceded to many international legal acts, ratified them and assumed a number of obligations on cooperation in the field of development and protection of mineral resources. These obligations are assumed by the Republic of Kazakhstan on the basis of ratified international acts, as well as a number of concluded bilateral and
multilateral agreements with other States on mutual protection of investments are the basis for the implementation of the provisions of these international acts in national legislation. The evidence of the implementation of international obligations regarding the sphere of subsurface use is the inclusion of a special Chapter in the Code on Subsurface Resources.
Commentary to the article Code of the Republic of Kazakhstan “On Subsoil and subsoil Use”
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Kazakh Association of Organizations of the Oil and Gas and Energy Complex KAZENERGY
Nur Sultan 2022
The Kazenergy Association expresses its sincere gratitude for the support in preparing the commentary to the following companies: North Caspian Operating Company NV, NC KazMunayGas JSC, Mangistaumunaygas JSC, Karachaganak Petroleum Operating BV, White & Case Kazakhstan LLP, Haller Lomax LLP)", "Erlicon CG" LLP, "Signum Law Firm" LLP. © Kazenergy Association, 2022 © team of authors, 2022 © authors, 2022
Dear readers!
We offer you a scientific and practical commentary prepared by a group of Russian specialists with extensive practical experience in legislation on subsoil and subsoil use and who participated in the preparation of the Code on Subsoil and Subsoil Use.
Subsurface use is a very complex and specific area of public relations, the regulation of which has its own historical background and takes into account the technological specifics of the process of subsurface development, as well as environmental, commercial, legal and other features of exploration and development of deposits.
Kazakhstan's legislation on subsoil and subsurface use has passed through several stages in its development, and has always been based on a balance of interests between the state and subsurface users, transparency, striving for the maximum possible degree of protection of the rights and legitimate interests of investors, ensuring sustainable social, economic and environmental development of the country.
The Code "On Subsoil and Subsoil Use", adopted at the end of 2017, was developed taking into account many years of accumulated experience and law enforcement practice, as well as the results of extensive discussions with experts working in the industry.
It reflects specific, important measures on the part of the state to increase the investment attractiveness of exploration and further reduce administrative barriers.
Nevertheless, practice and legislation do not stand still, constantly evolving, taking into account new challenges facing both the subsurface use industry and the economy as a whole.
In this regard, this commentary is intended to serve as an aid for a wide range of interested persons – specialists working in the industry, in
understanding the meaning of the norms, their historical context, the interrelationship and mutual influence of the various provisions of the Code.
We also hope that studying the commentary will serve as an incentive for new generations of young domestic specialists to work scientifically and practically in this important industry, for the benefit of the development of our country, current and future generations of Kazakhstanis.
Sincerely, U. Karabalin, Deputy Chairman of the Kazenergy Association, Hero of Labor of Kazakhstan
