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Zh.S.Yelyubayev Ж.С.Елюбаев
History and landmarks of the Kazakhstan law on subsurface resources
History of civilizations is closely related to the resources, which predetermine their origin, development, existence, decline and death, therefore society as any other organism is producing and using resources, which represent material and intangible benefits. As is known, use of subsurface resources has been performed in the territory of present Kazakhstan a few millennia ago, although in the primitive form. For example, the modern history is familiar with the stage of the Adronovo culture that corresponds to the early Bronze Era (XVIII-XVI centuries BC) and the middle (XV-XII centuries BC) Bronze Era. The development of cuprum (Zhezqazghan, Zyryanovsk, Karchiga, Dzhaltyr, Ashyly, Uro-Tobe, Kushykbai), stannum (Atasu mountains, Kalbynskyi and Narynskyi Ranges) and gold (Stepniak, Kazanchukur, Baladzhal, Akdzhal, Daibai, Maikopchegai, Akabek) has begun in primitive forms in the territory of present Kazakhstan at this particular time. These places represented one of the ancient metallurgy centers based on the mining operations. Unfortunately, history doesn’t keep facts on the way these relations were being regulated, but it is known for sure that these territories were safeguarded and protected by the Andronovo period ancient tribes residing in these mining places[2]. Later, relations connected with possession of land and its subsurface resources have been regulated by the Kazakhs’ customary law until first Russian acts of the Petrine period appeared. Thus, some early researchers of the Kazakhs’ customary law, for example A.I. Miakutin (1910), A.Kh. Golmsten (1902) have marked that the characteristic features of common property included private ownership of the land by separate «hordes, clans and tribes» and, later, by the khans and their attendants. Separate notions such as «land» and «subsurface» did not exist during that period, because the first one covered them both. The Kazakhs’ customary law stipulated liability for «lawless use of foreign property», in particular, for the unwarranted «stone digging»[3], in other words, practically for digging anything from the ground and subsurface. According to this provision the Kazakhs’ customary law could relate any mineral raw material and deposit excavated from the ground to the notion of «the stones». Liability for the lawless use of foreign property, including the land use, was based on the documents as well. Thus, S. Uzbekuly, while researching the reign period of Tauke Khan and «Zhety Zhargy» law monument, gives in his work one of the «seven settings» stated by Kazangap Baibolov in the «Tole bi history» dastan, in the following form[4]:
«The first one land law Is crucial for You, Avaricious neighbor, extorter or host If You try to grab our grounds the most!»
Later, practically beginning from the reign period of Peter the First in the Russian Empire and up to the collapse of the Soviet Union, relations regarding ownership, use and disposition of land and subsurface have been regulated by the statutory and other acts, pertaining to the system of various branches of law, in particular, the land and mining law. Therefore, governmentally and socially regulated items of subsurface use have been important on the Eurasian space at all times. Meanwhile, regulation of these relations in the territory of Kazakhstan during different stages of its statehood development has been performed in different ways, depending on the social and political system, social and economic basis and on the state ideology. Naturally, scientific researches of these relations could not have been isolated from the political, economic and social realia as well. Let’s review the history and landmarks of the Kazakhstan law on subsurface resources and subsurface resources use on the basis of this conclusion through the perspective of three periods of the country’s development: a period when Kazakhstan was a part of the Russian Empire, the Soviet period and the period after the USSR's disintegration (period of the modern history of Kazakhstan). As it is known from the historical sources, an annexation of Kazakhstan into the Russian Empire, which had begun in 1930s of the XVIII century by annexation of the Junior Zhuzh headed by Abulkhair Khan (in 1731) and then of the Middle Zhuzh (1732-1740), ended in the XIX century by colonization of the Elder Zhuzh (in 1824). Thus, the first stage of development of law on the subsurface resources and subsurface resources use in Kazakhstan refers to the development period of the country as a part of the Russian Empire up to October 25, 1917, that is up to the October Socialist Revolution date. Meanwhile, long before the Junior Zhuzh joined the Russian Empire on August 24, 1700, Peter the First had issued an Order signed by his own hand «On Institution of the Order on Mining» reading as follows: «In Moscow, gold and silver and other mining to be the responsibility of okolnichy Alexei Timofeyevich Likhachev and clerk Kozma Borin, to be sat separately in the Great Treasury Department and be referred to as the Mining Department». This date is considered the day of creation of the Russian mining and geological service. However, it was abolished in 1711 and functions of the mines inspectorate were delegated to the governors. Later an Imperial Order «On Prospecting for Gold, Silver, Copper and Other Ores Throughout Muscovy» was issued on November 2, 1700; an Order of Peter the First «On Freedom of the Prospecting and Mining Enterprise» was issued on December 15, 1717; an Imperial Order established the Berg-College on December 10, 1719; Peter the First has issued an Order «On the Upkeep of Workers at Mining Plants» on June 26, 1724; the project «On Mining Enactment» was developed in 1806; public and criminal liability of miners for accidental injury and death of the workers was imposed in 1807; the decision to commit the miners guilty of the mine workers’ death or injury for trial was made in 1818; the Mining Statute of the Russian Empire was approved in 1832, and it has provided the base for the redrafts of this act in 1842, 1857, 1893, 1912 and 1914; «Transitional Provisions on Use of Explosive Materials in Mining», «Instruction on the Performance of Mine Surveying Work», «Rules of Mining Works in View of Their Safety», «Rules for Prevention and Extinguishment of Fires at the Oil-Fields of the Baku Province» were approved from 1887 to 1891; Metallurgical Inspection was established on March 9, 1882; the «Rules for Accident Prevention During Works on Mining Plants» were approved in 1904; new «Rules of Mining Works in View of Their Safety» were approved on August 31, 1911. Several other important and less important acts of legal and technical nature have been approved from the Petrine times up to the October Socialist Revolution (in 1917)[5]. Therefore, the above mentioned regulations of the Russian Empire approved in the course of just a little more than 200 years, have given grounds for the regulatory control of the subsurface resources exploitation. These acts also applied to the Kazakhstan territory, because in the Petrine times it has been already known about the Altai mining resources. Thus, expedition of I.D. Bukhgolts in 1715, and expedition of A.T. Likhachev in 1720 marked the beginning of an active mining development in the East Kazakhstan. Silver ore and copper ore prospecting in the East Kazakhstan was activated due to the imperial orders of 1761 and 1786, when the rewards for the discoverers increased, including, in particular, locksmith’s apprentice Zyrianov who has discovered the Zyrianov deposit at the Chudsky mines in 1791. An expedition of F. Ridder in 1786 has revealed polymetallic ore deposits there as well. The Ridder mine marked the beginning of exploration and development of new mining allotments: Kriukovskyi - in 1812, Filippovskyi - in 1817, and Sokolnyi - in 1820. By the middle of the XIX century The Ridder mine group included more than two dozens of mines and allotments, which contained gold and silver additionally to lead and copper deposits. It is important to mark that mining industry was the main branch of economy of the Ore Altai in the second half of the XVIII century and in the first half of the XIX century. Later, in 1905 the Ridder mine group was sold to the Turn and Taksis, an Austrian company and the mine passed into the ownership of the British in 1914[6]. Beginning from the XVIII century the south-east part of the Caspian Plain was being studied as well. The first data on the region geology and its natural resources are given in the reports of the first scientific expedition organized in 1768, which involved famous Russian scientists - S.G. Gmelin, N.I. Lepekhin, P.S. Pallas and others. Later, beginning from 1911 the Geological Committee of the Russian Empire has been sending the mining expeditions headed by N.N. Tikhonovich, S.I.Mironov, A.N. Zamiatin and others to the Caspian Plain every year. As a result of their study the salt-dome nature of the Caspian structures was determined, the region oil bearing capacity conditions were studied in general outline, geological maps of several oil deposits were compiled, the Dossor (in 1911) and Makat (in 1915) oil deposits were brought into development in the territory of present Atyrau region. These operations on mining development were interrupted by the revolutionary events, civil war and recommenced only in 1923[7]. Science was also developing at the same time. Thus, for example, Russian specialists, who were trained in the specialized educational institutions of Russia and abroad, have begun to work for the first time at 26 state and 169 «particular» plants in the reign of Catherine the Great and after establishment of training schools. Collection, systematization and publication of works in the area of geology, mineralogy, search and exploration of mineral deposits were activated within the school walls. Several dedicated and resumptive scientific works of the Russian and foreign authors, including «The Mining Dictionary» consisting of seven books, «On Turf», «Directions to the Subsurface Geometry and Others.», «Cobaltology», «About Gemmary», «Introduction Into the Mining Cognition of Earth», «About the Horn Ore», «About the Genesis and Birth of the Metals», «Report on the Saxon Mining Range», «Introduction to Physics», «Experience of the Ore-Spoken System», «Primary Base of the Mining and Salt Production Art» and others were prepared and published[8]. While summarizing this stage of history and development of law on the subsurface resources and subsurface use at the Russian Empire territory it is necessary to mark several important and general regulations of the above mentioned statutory acts, which have given the basis for the development of this branch of law to the next stage of the development of Kazakhstan’s statehood during existence of the USSR. The system analysis of the Imperial Orders and other regulatory acts of that time allows to conclude that subsurface facilities, minerals and production facilities could pertain both to the monarch and to other parties as well; for example, this fact is confirmed by some regulations of the Petrine Order, which has established the Berg-college. Thus, the Tsar has proclaimed in this act that «Only we, that is the monarch, are possessing the mining plants» and then he has declared that «Urbi et orbi can search, melt, weld and shine any metal in any place, at both their own and other plants, and shall spare gold, silver, copper, tin, lead, iron, and also various minerals such as saltpeter, sulphur, vitriol, alum and different paints needed by earth and stones». However, the same Order provided for the priority right of the monarch to purchase the mineral products recovered and this regulation was stated in the following way: «Moreover, we can purchase gold, silver, copper and saltpeter prior to other merchants, in such a way that no one could sell the less of the above published to someone besides the mining superiors, which are determined for this by the relevant province, or are authorized Berg-college members». Liability was provided for violation of the established rules of the «mining business» conduct, that is subsurface use; it is confirmed by the following Imperial Order: «Our fierce anger, an immediate corporal punishment and death penalty, and deprivation of all the property shall be declared against those, who conceal the recovered ores and do not inform about them…who prohibit and prevent others to establish and expand their plants, as refractory and scornful of our will»[9]. An Order of Peter the First and acts of other monarchical people and dependent authorities have regulated not only administrative and civil law relations between the plants owners, but also labour, marital relations and housing. Thus, for example, an Order of Peter the First from June 26, 1724 «On the upkeep of workers at mining plants» prohibited marrying off the mining workers, especially, at the Siberian mines, which also included East Kazakhstan mines. In case of violation of this rule the worker had to be sent to the previous place of living together with his wife. These acts have established the mining management system and structure for the first time, the rules of mining control; ore and minerals were prohibited to be transported abroad, special customs and tax regimes were established for the gemmary. In the reign of the Empress Anne of Russia it was ordered «not to establish loss-making mining enterprises», competition between the trades «on the same land», that is, the same location, was not allowed, the necessity to build plants with involvement of local population has been stated, the legal status of the lieges and foreigners at mining plants was described, judicial and administrative jurisdiction items and inheritance matters were being solved[10]. An important part of the Russian Empire legal system belonged to the Mining Statute, which had a few editions during almost 80 years. It is worth to give important statements of this act because many relations, being regulated by it, remain relevant up to the present moment. In this connection it is necessary to appeal to the cooperative work of N.B.Mukhitdinov and S.P. Moroz, where they have well reflected several regulations of the Mining Statute of the Russian Empire in the system order through the perspective of interpretation of the landowners’ rights and mineral developers. Thus, they have noted that the main powers of a landowner «consisted, first of all, of independent ownership and use of the mineral resources; secondly, of the subsurface disposition both by way of selling the mineral resources in their natural state and in form of the recovered from the mine mineral as well». The named authors have also stated that the landowners «had absolute and unlimited right to choose the forms and methods for the mining development, except for the cases of the ownership right restriction on behalf of the neighborhood (servitude)»[11]. Е.V. Novikova relates on a provisional basis the principle of free development to the general regulations of the Mining Statute with the specific limitations; in particular she notes that free development of mining resources was allowed for any interested person subject to compliance with the relevant restrictions and prohibitions established by the law in relation to such activities as high-grading, provision of the works safety etc. But according to her opinion such requirements, which are restricting the principle of free development, are more boldly revealed on free government lands, while refracting in volume in different provinces, lands of the Cossack Armies etc.[12]. Therefore, the Mining Statute regulations provided that persons having the ownership right for land could develop the subsurface resources as well, but such provision was criticized by the progressive lawyers of that time, for example А.Е. Yanovskyi[13]. The subsurface resources were recognized as an independent object covered by the ownership right only after the October Socialist Revolution along with adoption of the first Decrees by the new authority. The second stage of development of law on the subsurface resources and subsurface resources use is the Soviet period (October 1917- December 1991), which has caused a great influence on Kazakhstan; classified legal base for the exploitation of subsurface resources and development of the subsurface use area emerged in the country during this very period. All-Russian congress of Soviet workers’, soldiers’ and farm deputies and other supreme government institutions, such as the All-Russian Central Executive Committee and the Council of People's Commissars have approved several important Decrees and other acts immediately after the October Socialist Revolution, which provisions have directly regulated relations in the area of the land use and subsurface use, in particular: - «Decree on Land» of October 26, 1917, which has abolished the land property right and recognized the subsurface resources as an object of the «state exclusive property»[14]. - «Fundamental Law on Land Socialization» of January 27, 1918, which declared abrogation of «any property of land, subsurface resources, water, woods and natural living resources within the RSFSR boundaries» and stated that «land» should pass into the use of «all the workpeople without any (latent or patent) redemption». This legal act has established that «disposition of the subsurface resources, woods, water and natural living resources is granted to the district, province, regional and federal Soviet authority, depending on their importance, under control of the latter»[15]. - «Decree on the Peat Fuel Development» of April 20, 1918, which has determined that all the developed peat beds and the peat development equipment was not subject to «the prohibitions on the peat production or taxations by the local authorities». This act applied to all the RSFSR regions, but only till March 1, 1919[16]. - «Decree on the Oil Industry Nationalization» of June 20, 1928, which has nationalized «all the oil-producing, oil-processing, oil-trading, subsidiary drilling and transport (cisterns, oil pipelines, storages, docks, jetty constructions and others) enterprises with all the movable and immovable property, wherever it was situated and whatever it consisted of», and declared them «the state property».[17] - «Decree on Subsurface» of April 30, 1920, which has reinforced the state property of the subsurface, mineral resources and mineral raw material[18]. - «Regulation on Subsurface and Subsurface Development» of July 7, 1923 which governed issues related to subsurface resources management, exploration and production, resources users’ (miners’, mineral developers’) rights and obligations, and compensation for use of subsurface resources[19]. This Regulation was distributed in the territories of all the Union republics according to the special resolution of Central Executive Committee of the USSR of July 13, 1923. Mining Enactment of the USSR of November 9, 1927 is an important USSR’s legal instrument of the beginning of the 20th century that facilitated further exploration of subsurface resources and mining law development. This enactment, which had been effective for about 50 years, specifically stipulated the procedure for development of mineral resources deposits and subsurface resources management. In particular, this regulation delegated to the competence of Supreme Council of National Economy such issues as free recording of the country’s mining resources, disposal of mineral resources deposits and performing USSR-wide geological work in all the territory of the USSR, establishment of mining supervision and other questions.[20] The Mining Enactment also stipulated the «mining freedom' concept which meant that all citizens and legal entities had the right to explore, survey and develop deposits of mineral resources. This enactment passed close upon the mid-thirties promoted the practice of deposits transfer to resources users’ concession including foreign users. Thus, N.B. Mukhitdinov and S.P. Moroz referring to specific sources state that «for the period from 1921 to 1927 twenty five concessionary plants had been registered. The first of them was a joint American company «Alamerica» which activities were related to the development of asbestos deposits in the Urals.» They also mention that «issues related to ensuring efficient deposits development by concessioners and beneficiation and transportation of ores they extract were specially provided for in the concession agreements made up within that period.»In this connection, the said authors offer an example of execution of an agreement with an English joint stock company named «Lena-Goldfields Limited» in 1927 which «provided for a possibility of early return of a part of Kisilevsk coal deposit situated in Kuzbass Basin, which had been transferred to concession to the state economic authorities’ administration, if the reserves explored there exceeded the limits of the concessioner’s needs established in the above agreement, with a view to that the returned plot complied with the requirements of its further efficient and independent development.»[21] Afterwards, the right to explore subsurface resources in the USSR was granted only to Soviet state plants that made a significant impact on economic advancement and contributed to the lawmaking stagnation. That was the very reason why the Mining Enactment of 1927 had regulated issues related to subsurface resources exploration for long 48 years until Supreme Council of the USSR passed a new all-union legal enactment on July 9, 1975 named Principles of Subsurface Resources Legislation of the USSR and Union Republics (hereinafter referred to as the Principles of Subsurface Resources Legislation). The Principles of Subsurface Resources Legislation consisted of 11 sections comprising 51 articles. That was a substantial legal instrument governing wide range of questions related to subsurface resources exploration which was reflected by the sections’ titles such as «General Provisions» establishing the fundamental principles of state ownership of subsurface resources; «Geological Examination of Subsurface Resources» stipulating the main requirements to that type of subsurface resources exploration activities; «Engineering, Construction and Commissioning of Mining Plants and Underground Structures not Related to Mining Operations» providing for specific characteristics and main requirements to the said types of effective activities related to subsurface resources exploration; «Use of Subsurface Resources for Mineral Resources Deposits Development and for the Non-Mining Purposes» establishing the procedure and the main requirements to deposits development, liquidation and conservation of mining plants and also the procedure for use of subsurface resources for non-mining purposes; «Safety of Works Related to Subsurface Resources Use»; «Subsurface Resources Protection»; «Government Accounting of Mineral Resources Reserves and Deposits, and Parts of Subsurface Resources Fields Granted for Use not Involving Mining Operations; «Control and Supervision of Subsurface Resources Use, Protection and Geological Examination»; «Settlement of Disputes Related to Subsurface Resources Use Issues» ruling out judicial or arbitral means of subsurface resources disputes settlement; «Responsibility for Violation of Subsurface Resources Legislation» specifying a list of violations involving responsibility of a guilty party (person); and «International Treaties and Agreements» legalizing direct effect of such acts. As subsurface resources were exclusively owned by the state and could only be granted for use, the majority of law regulations governed issues specifically related to use of subsurface resources. This legal instrument was based on the principle of purported use, therefore, one or another legal regulations were applied depending on the purpose that the subsurface resources were granted for. Thus, article 9 of the Principles of Subsurface Resources Legislation stipulated the following types of subsurface resources use[22]: - geological examination; - mineral resources extraction; - construction and operation of underground structures not connected with mineral resources extraction including structures purported for underground storage of oil, gas and other substances, burial of hazardous substances and industrial waste, sewage disposal; - satisfaction of other state or public needs. The above regulation contained, among others, a provision that «subsurface resources are to be used free of charge save for the cases stipulated by the legislation of the USSR». That involved a reservation stating that «procedure of payment for use of subsurface resources is established by the Council of Ministers of the USSR.» This all-union legal instrument also specified a subject structure of legal relationship in the field of subsurface resources development. Thus, the right for use of subsurface resources could be granted to state, cooperative, public entities and agencies and to the USSR citizens. However, it was stated that in cases directly stipulated by the USSR legislation subsurface resources could be granted for use to other entities and persons. The Principles of Subsurface Resources Legislation also specified a list of questions falling into the USSR’s exclusive competence such as disposal of the consolidated state subsurface resources reserve within the limits necessary for exercise of the USSR’s powers in accordance with the Constitution of the USSR; establishment of the main rules and the uniform technical policy in the field of subsurface resources use and protection; establishment of all-union plans for subsurface resources protection and efficient use of mineral resources; state control and supervision of subsurface resources use and protection, geological examination, and determination of the procedure for control and supervision. The competence of the union republics covered such questions as disposition of consolidated state subsurface resources reserve within the territory of a union republic; establishment of the procedure for subsurface resources protection and use; establishment of plans for subsurface resources protection and efficient use; state control and supervision of subsurface resources use and geological examination; other issues not covered by the USSR’s competence (article 6 of the Principles of Subsurface Resources Legislation). This all-union legal act really facilitated the development of the subsurface resources legislation in the union republics, particularly, in the Kazakh SSR, after the forty-eight-year stagnation. Subsurface Resources Codes had been passed in all the union republics during the period from 1975 to 1977. Subsurface Resources Code of the Kazakh SSR was passed on August 4, 1976 and enacted from January 1, 1977. Meanwhile, the republic’s competence in the field of governing subsurface resources use relationship was determined just generally and covered only those insignificant questions that did not fall into the the USSR’s competence. Subsurface Resources Code of the Kazakh SSR of 1976 was the last legal act of the second stage (the Soviet period) of development of Kazakh subsurface resources law regulating relationship in this important sector of the country's economy. This specific legal instrument contained some very important provisions regulating relationship in the field of subsurface resources use. The third stage of development of Kazakh subsurface resources law relates to Kazakhstan’s modern history period starting from October 25, 1990 when «Declaration on State Sovereignty of the Kazakh Soviet Socialist Republic» was passed and approved by the Resolution of Supreme Council of the Kazakh SSR. It was declared in the Declaration that «the territory of the Kazakh SSR within its effective boundaries is indivisible and inviolable and may not be used without its consent.» (article 3). Further, it was stated that «the land, subsurface resources, water, air, flora and fauna and other natural resources, cultural and historical values as well as the whole economical, scientific and engineering potential of the republic and the whole national wealth located in its territory are exclusively owned by the Republic being the ground for its sovereignty.» (article 9). That was the beginning of a new dawn in formation of sovereign statehood, political, legal and economic systems[23]. On December 16, 1991, Supreme Council of the Kazakh SSR passed the Constitutional Law «On State Independency of the Republic of Kazakhstan» which also declared (article 11) that «the land, subsurface resources, water, air, flora and fauna and other natural resources, economic, scientific and engineering potential of the republic are exclusively owned by the Republic being the ground for its state independency.»[24] As the Republic of Kazakhstan obtained its sovereignty and independency and its market relations started to form, a need for development of a landmark policy of use of the mineral and raw complex has arisen. In the result of political and legal reforms implementation and new financial and political institutions formation there was created a more advanced system of use of the mineral and raw base and high-technology industry development on its ground. Furthermore, certain political stability, availability of educated manpower, huge volume of accumulated and validated geological information as well as liberal legislative base - those were the factors that made it possible to create a favourable investment conditions in the country. By the first years of independency, all these matters helped to attract international investments to the country and conclude important agreements for use of subsurface resources at the sites rich on oil, gas, coal and other mineral resources. This stage is also characterized by an active lawmaking process. A number of important legal acts were passed which promoted settlement of relationships in the area of subsurface resources use. Thus, on May 30, 1992 Code of the Republic of Kazakhstan «On Subsurface Resources and Mineral Raw Materials Processing» No.1367а-XII was passed stipulating a possibility of granting the right of use of subsurface resources not only to Kazakh business entities but also to the businesses with foreign ownership as well as to foreign legal entities and individuals on contractual or concessionary conditions (article 10). Subsurface resources were provided to the above subjects under the agreement on use of subsurface resources specifying, in particular, terms and conditions for use of subsurface resources, environmental requirements, quotas for annual volume of used mineral resources, payment terms and conditions for use of subsurface resources, measures for subsurface resources protection, special requirements to the applied technologies, and preferences provided (article 14 of the Code) etc. Later, a number of by-laws were approved and passed by resolutions of the Cabinet of Ministers of the Republic of Kazakhstan within several years, such as Regulation «On State Control of Protection and Use of Subsurface Resources of the Republic of Kazakhstan» No. 811 of July 29, 1992; Regulation «On Procedure of Distribution (Transfer, Exchange, Sale) of Information on Subsurface Resources of the Republic of Kazakhstan» No.1034 of December 8, 1992; Regulation «On Specific Features of Management of State-Owned Facilities Used for Exploration of Mineral Resources Deposits (Subsurface Resources) and Industrial Deposits» No.269 of March 14, 1994; Regulation «On Procedure of Providing Subsurface Resources for Geological Examination, Mineral Resources Extraction and Other Purposes» No.377 of April 13, 1994. On April 5, 1994, the President of the Kazakh SSR enacted Decree No.1637 «On Additional Measures Aimed at Normalization of Use of Subsurface Resources for the Purposes of Geological Examination and Extraction of Mineral Resources». It is crucially important that the first Constitution of the Republic of Kazakhstan of January 28, 1993[25], and, afterwards, the effective Constitution of the Republic of Kazakhstan of August 30, 1995 legalized a provision that «the land, its subsurface resources, water, flora and fauna, other natural resources are exclusively owned by the state.» These legal acts have given a push to development of the legislation on use of subsurface resources and favored creation of beneficial climate for investors who put money into exploration of Kazakhstan’s rich subsurface resources. Later, in accordance with the Regulation «On Procedure of Licensing of Use of Subsurface Resources of the Republic of Kazakhstan» approved by the Resolution of the Cabinet of Ministers of the Republic of Kazakhstan No.886 of August 8, 1994, and, afterwards, in accordance with the equivalent Regulation approved by the Resolution of the Cabinet of Ministers of the Republic of Kazakhstan No.1017 of August 16, 1996, the right for use of subsurface resources was granted by licence and contract basis. However, such mixed form of granting the right for use of subsurface resources complicated forming relationships between the state and users of subsurface resources, which finally led to cancellation of the license system. In 1995-1996 being the period of the parliamentary and government crisis, when not only the country’s economy but overall political destiny had been put under the threat, N.A. Nazarbayev, the President of the Republic of Kazakhstan, being aware of importance of the field of subsurface resources use for the country and the people and being guided by the emergency powers granted to him, issued a number of Decrees having the effect of a law which formed the foundation for creation of the legislative framework governing relationship in the field of use of subsurface resources under new market conditions. Those were the following Decrees: «On Licensing» No.2200 of April 17, 1995, «On Oil» No.2350 of June 28, 1995, «On Subsurface Resources and Use of Subsurface Resources» No.2828 of January 27, 1996, «On Taxes and Other Compulsory Budget Payments» No.2235 of April 24, 1995, and others. Later, the above Decrees were supplemented and obtained the status of the country’s law. A number of other statutes, legislative, governmental and departmental legal enactments regulating complicated issues related to use of subsurface resources was also passed. Special legislative acts governing the subsurface resources use issues except for such important provisions as the ones about tasks and principles of the subsurface resources legislation; the competence of authorized agencies; the procedure and conditions for granting the right to use subsurface resources; types of subsurface resources use, some legislative innovations previously unknown to the Soviet mining law were legalized. Thus, the above legal acts legalized such issues as the contract procedure for granting the right to use subsurface resources; the preemptive (priority) right of the state to acquire mineral resources; guarantees for the right to use subsurface resources in the form of ensuring protection of contract provisions from introduction of amendments and additions aggravating their status; rules for settlement of disputes by means of negotiations or judicially (in state courts or international arbitration courts), in accordance with the procedures specified in a contract. Later these legislative innovations were also legalized in the Law of the Republic of Kazakhstan «On Agreements (Contracts) on Production
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