Development trends in subsoil use legislation of Republic of Kazakhstan
AbstractWith the acquisition by Kazakhstan of the sovereignty and independence, with the development of market relations it has become necessary to develop a fundamentally new policy of using the potential of the mineral complex. As a result of political and legal reforms, the formation of new financial and economic institutions were established more perfect system of use of mineral resources and development on its basis of high-tech industry. A certain political stability, availability of educated human resources, large amount of accumulated and verified the geological information, and a liberal legislative framework has allowed to create in the country favorable investment climate. All this contributed already in the first years of independence to attract substantial international investment and the conclusion of important contracts for subsoil use the subsoil rich in oil, gas, coal and other mineral raw materials. The formation and development of Kazakhstan law on subsoil and subsoil use is characterized by an active legislative process. Adopted a number of important legislative acts aimed at regulating relations in the sphere of subsoil use. So, on 30 may 1992 was adopted the Code of RK "On subsoil and processing of mineral raw materials" , which provided for the possibility of granting subsoil not only for Kazakhstan business entities, but also for companies with foreign participation and foreign legal entity and physical persons on the terms of the contract or concession. Wherein, the subsoil was provided to the specified entities, on the basis of the contract on subsoil use, which specifically provided: the terms and conditions of subsoil use, environmental requirements, quotas on the annual volume of used mineral resources, the timing of fees and payments for subsoil use, measures for the protection of the subsoil, special conditions for the applied technology, provide privileges, etc. Subsequently, in accordance with the "Regulation on the procedure on licensing of subsoil use in the Republic of Kazakhstan", approved by the Resolution of the Ministry of RK dated August 8, 1994, then in accordance with the regulations of the same name, approved by the Resolution of Kazakhstan Government dated August 16, 1996 , all of the resources were used on the license contract basis. However, this combined form of granting the rights has complicated the relations between the state and subsoil users, which ultimately led to the repeal of the licensing system. In 1995-1996, the President of the Republic of Kazakhstan N.A.Nazarbayev, understanding the importance of development in the sphere of subsoil use for the country and nation, guided by granted him emergency powers, issued a number of Decrees having the force of law, which were the Foundation of the legal base for regulation of relations in the sphere of subsoil use in the new market conditions. Those Decrees: "On licensing" of 17 April 1995, "On oil" dated June 28, 1995, "On subsoil and subsoil use" dated 27 January 1996, "On taxes and other obligatory payments to the budget" dated 24 April 1995 and others. Further, the Decrees were amended and received the status of the laws of the country, there was adopted a number of other legislative, governmental and departmental legal acts that regulate the complicated relations in the sphere of subsoil use [3, 86]. In this way, practically for ten years, a solid Foundation for further systematic development of the law on subsoil and subsoil use was created, which allowed rising to a new level the degree of social relations in the sphere of development of mineral resources and attracting investment in this sector of the economy [3, 87]. It is not a secret that up to the present time "locomotive" of the economy is the primary industries of the state against the background of high world prices for hydrocarbons, which has developed in the result of an attractive investment climate and the existing positive legal framework. The sphere of subsoil use in Kazakhstan remains a priority, which development affects to achieve success of the entire economy of our country. At the beginning of 90-ies of the last century, involvement of foreign investments in the sphere of subsoil use has allowed to solve difficult problems in conducting socio-economic transformation. Now, when the Republic of Kazakhstan reliably strengthened its political and economic status throughout the Eurasian region and has successfully developed market institutions, the economy continues to be the basis of economic security of the country .
The Code of RK On subsoil and processing of mineral raw materials of May 30, 1992 (invalid).
Regulation on the procedure on licensing of subsoil use in the Republic of Kazakhstan. August 8, 1994 (invalid).
Regulation on the procedure on licensing of subsoil use in the Republic of Kazakhstan. August 16, 1996 (invalid).
Yelyubayev Zh.S. Problems of legal regulation of subsoil use: domestic experience and foreign practice. Almaty: Колесо, 2010. 452 p.
Yelyubayev Zh.S. Controversial issues in the practical application of the legislation of the Republic of Kazakhstan on subsoil use.
The concept of the project of code of the Republic of Kazakhstan on “subsoil and subsoil use”.
The President of Kazakhstan Nursultan Nazarbayev’s Address to the Nation of Kazakhstan. January 31, 2017.