Commentary to SECTION II. USE OF SUBSURFACE RESOURCES to the Code of the Republic of Kazakhstan “On Subsurface Resources and Subsurface Use”
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(Yelyubaev J.S.)
1. There is no single approach to the definition of the term "subsoil", this topic remains a field for discussion by scientists and practitioners. There are different interpretations of the term "subsoil" in the legislation of different countries, which differ both in content and meaning. Therefore, the interpretation of the term "subsoil" is an important aspect of scientific research in order to correctly interpret it legally, which is explained by the following circumstances:
1) firstly, it will allow us to correctly establish the range of relations regulated by the legislation on subsoil and subsoil use;
2) secondly, the definition of the content included by the law in the term "subsoil" is necessary to understand the essence and specifics of public administration in the field of the use and protection of the subsoil.;
3) thirdly, an accurate understanding of the content of the term "subsoil" will make it possible to improve the legal structure of the development of the subsoil, determine the directions of development of legislation on subsoil and subsoil use.
2. In general geological terms, subsurface is understood as "the depths of the Earth (planet), extending from its surface to the center and including the terrestrial
the Earth's crust, mantle, and core." In a narrower sense, in geology, the subsoil refers to "the upper part of the Earth's crust, within which, at the current level of development of science and technology, mining or other use is possible."
3. In the unified system of the natural environment, the subsoil is the element most closely related to the earth. By law, "the part of the Earth's crust located below the soil layer, and in its absence, below the Earth's surface, the bottom of reservoirs and watercourses, is recognized as subsoil" (paragraph 1 of Article 10 of the Subsoil Code).
4. In the scientific understanding, "subsurface use" (subsurface use) should be understood as geological study and development, since the term "study" includes any study (study) of the subsurface, including the geological study of the subsurface. The concept of "development" covers all types of subsurface use operations and all major economic activities – mineral exploration, mining, use of subsurface spaces and prospecting.
5. The legal regulation of relations related to the types of subsurface use operations is carried out by the relevant provisions of the Subsoil Code.
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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
