Заявление об отказе от договора страхования
Pursue a systematic and long-term approach to facilitate the development of transboundary energy infrastructure. With a view to harness fully the potential of regional cooperation, the Agreement envisages the establishment of a common market of goods, labor, services, and capital. Concerted actions shall be taken by member states towards liberalization of national trade regimes. It is thereby stipulated that implementation of non-discrimination principles will be critical for maintaining the trend of expanding investment. Trade Energy trade priorities: A complex array of incentives and measures shall be implemented to remove existing barriers to energy trade and enhance integration mechanisms.
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Archive of applications
Project documents for subsoil use operations 1. In the cases provided for by this Code, subsoil use operations may be conducted only upon availability of a project document providing for such operations. Project documents are those containing plans, methods, methodology, technical conditions, technological indicators, scope, timing and other parameters of works carried out for the purposes of subsoil use.
Project documents are developed separately for each subsoil plot for the period of its use, as provided for by the licence or contract. Project documents are developed taking into account environmental and industrial safety requirements.
When carrying out subsoil use operations the subsoil users are obliged to comply with the environmental and industrial safety parameters specified in the project document. Particularities of development of project documents, taking into account types of subsoil use operations, are established by the provisions of the Special Part of this Code.
Performance of subsoil use operations in one territory by different persons 1. Different subsoil users may conduct subsoil use operations in the same territory combined territory unless otherwise provided for in the Special Part of this Code.
Procedure for subsoil user operations on a combined territory is determined by their mutual agreement. The agreement defines the terms and procedure for conducting all or certain types of work on the combined territory.
The agreement shall be concluded in a simple written form and submitted by the subsoil user to the state body that granted the subsoil use right, within five business days from the date of its conclusion.
The agreement may provide for reasonable and adequate compensation for the expenditures incurred by one of the subsoil users.
If subsoil users fail to reach an agreement on the procedure for conducting operations on a combined territory, one subsoil user shall have the established primacy over the other in conducting works on the combined territory. In this case, the priority in conducting works on that combined territory belongs to a subsoil user: A subsoil user not having a priority in performance of works on a combined territory is obliged to take into account the time, duration, location, scope and nature of the works performed or planned by the subsoil user having such a priority and not create obstacles for conduct thereof.
The subsoil users are obliged to use their priority in good faith and reasonably, not pursuing the objectives of obtaining unreasonable benefits. A subsoil user having a priority in carrying out the works in the combined territory is obliged to provide the subsoil user not having a priority the written information on the duration, location, scope and nature of their works performed and planned to be performed on the common subsoil plot within a month from the date of receiving the written request of the latter.
Such information may constitute a trade secret. Time, duration, scope, location and nature of the works, information about which has been provided to the subsoil user not having a priority on conducting works in the combined territory, may be changed by the subsoil user having such a priority, not more than once in three months.
In this case, the subsoil user having a priority shall notify the other subsoil user in writing of changes in the time, duration, scope, location and nature of the planned works not later than one month prior to such changes. The subsoil user not having a priority in conducting work on the combined territory is entitled to complete the works commenced before receipt of such a notification.
Territories restricted for subsoil use operations 1. Unless otherwise provided for by this Article, subsoil use operations are prohibited: It is prohibited to grant for use a subsoil plot the entire external territorial borders of which are located within the territories specified in paragraph 1 of this Article.
The prohibition set out by sub-paragraph 2 of paragraph 1 of this Article shall not cover: In this case, the existence of this agreement constitutes a condition for issuing the relevant licence; 2 subsoil use operations at the former Semipalatinsk nuclear test site; 3 performance of geological survey of subsoil in the part of prospecting and evaluation works for underground waters.
The prohibition set out by sub-paragraph 4 of paragraph 1 of this Article does not apply to artisanal mining and the operations for exploration or production of hydrocarbons.
The prohibitions set out in paragraph 1 of this Article do not apply to subsoil operations conducted by means of airborne geophysical surveys or surveys with the use of space methods of remote sensing of the Earth.
Performance of subsoil use operations in natural areas of preferential protection and subsoil plots of special ecological, scientific, historical-cultural and recreational value 1. Restrictions on performance of subsoil use operations in natural areas of preferential protection and within subsoil plots of special ecological, scientific, historical-cultural and recreational value are established by the legislation of the Republic of Kazakhstan related to the natural areas of preferential protection.
In case of discovery of geological, geomorphological and hydrogeological objects of special ecological, scientific, historical-cultural and recreational value under the legislation of the Republic of Kazakhstan related to the natural areas of preferential protection, the subsoil users are obliged to immediately stop works on the relevant site and notify in writing the authorized body for subsoil study and the authorized body in the field of environmental protection.
Conditions for the development of territories with mineral occurrences 1. Design and construction of settlements, industrial complexes and or other economic facilities are allowed only after receiving a positive conclusion of the local executive body of a region, the city of republican significance, the capital upon approval of the territorial subdivision of the authorized body for subsoil study regarding the absence or insignificance of minerals in subsoil under the site of the upcoming development.
The development of the territories with mineral occurrences is allowed with the permission of the local executive body of a region, the city of republican significance, the capital, issued upon approval of the territorial subdivision of the authorized body for subsoil study, provided it is possible to extract minerals or prove the economic feasibility of construction.
The procedure for issuing a permission for the development of territories with mineral occurrences is determined by the authorized body for subsoil study. Ensuring support to Kazakhstani personnel, producers of goods, suppliers of works and services at performance of exploration and or production operations 1.
When conducting operations on exploration and or production of minerals, subsoil users are obliged to give preference to Kazakhstan personnel. Engagement of foreign labor is carried out under the legislation of the Republic of Kazakhstan on population employment and migration.
At that, the number of executives, managers and specialists engaged in labor activities in the Republic of Kazakhstan within the framework of intra-corporate transfer under the legislation of the Republic of Kazakhstan on population employment and migration should not be more than fifty percent of the total number of executives, managers and specialists under each relevant category.
The local content share in the labor force is calculated according to the methodology approved by the authorized body on employment. The share of local content in works and services purchased for performance of subsoil use operations, established in the terms and conditions of subsoil use contracts, licences for production of solid minerals, shall be not less than fifty percent of the total volume of works and services purchased during a calendar year.
The local content share in goods, works and services is calculated by organizations according to the unified methodology for calculating local content in the procurement of goods, works and services, approved by the authorized body in the field of state support for industrial and innovative activities.
Licensing regime of subsoil use Article Definition of a subsoil use licence 1. The subsoil use licence is the document issued by a state body and granting its holder the right to use a subsoil plot for the purpose of performance of subsoil use operations within the subsoil plot indicated therein.
A subsoil use licence does not belong to permits regulated according to the legislation of the Republic of Kazakhstan on permits and notifications. A subsoil use licence is issued for use of only one subsoil plot.
Unlimited number of subsoil licences may be issued to one person, except for the cases established by this Code. The licence is issued upon the application of the person concerned. Form of an application for a licence is approved by the competent authority. The issued licence is subject to publication on the Internet resource of the state body that issued the licence on the issue date.
The state body that issues subsoil use licences maintains a register of issued licences. In addition to the information contained in the licence, this register contains: Procedure for keeping the register of issued licences is established by the competent authority. Types of subsoil use licences The subsoil use licences issued with due regard to the kind of subsoil operations are as follows: Content of a subsoil use licence 1.
A subsoil use licence is drawn up in the form approved by the competent authority. The subsoil use licence, taking into account its type, specifies: The licence validity period is calculated from the day specified in the licence.
If two or more persons own the subsoil use right, the licence shall contain a reference to the size of the shares owned by the common owners of the subsoil use right.
The licence is issued in Kazakh and Russian. The terms and conditions of subsoil use licence shall comply with the requirements established by this Code. If, after the issue of a subsoil use licence, the legislation of the Republic of Kazakhstan regulating relations in subsoil use establishes other conditions for a subsoil use licence, these conditions do not apply to a previously issued licence.
The provision established by part one of this paragraph does not apply to changes in the legislation of the Republic of Kazakhstan in the field of national security, defense, environmental security, health, taxation, customs regulation and competition protection.
If a subsoil use licence is issued in violation of the content of its terms, the provisions of this Code on the content of subsoil use licence that were in effect on the date of license issue shall apply.
Making amendments to a subsoil use licence 1. Amendments to a subsoil use licence are made by the state body that issued the licence, by reissuing it. The reissued licence is subject to publication on the Internet resource of the state body that issued the licence on the day of reissue.
The licence is subject to reissue in the case of: A licence is reussued at the request of the subsoil user, submitted in the form approved by the competent authority.
The application shall be accompanied by originals or notarized copies of documents confirming the information specified therein. The application and the documents attached thereto shall be executed in Kazakh and Russian. If the application is submitted by a foreigner or a foreign legal entity, the documents attached thereto may be drafted in another language with a mandatory attachment of translations into Kazakh and Russian to each document and notarization of their authenticity.
The state body that issued the licence refuses to reissue the licence if the application does not comply with the requirements of this Code. The state body that issued the licence shall reissue it or notify about the rejection of reissue within seven business days from the date of application filing.
According to the legislation of the Republic of Kazakhstan, a subsoil user may appeal against the rejection of the license reissue within ten business days from the date of rejection notice receipt. Reissue of a licence in the cases provided for by sub-paragraphs 2 , 3 , 4 of paragraph 2 of this Article shall be carried out according to this Code.
Grammatical or arithmetical errors, misprints or other similar errors made when issuing or reissuing a licence are subject to correction by the state body that issued the licence.
Correction of errors made when issuing or reissuing a licence does not constitute a license reissue. Correction of errors can be made on the initiative of the state body that issued the licence, or at the request of subsoil user.
The state body shall correct errors upon the application of subsoil user within five business days from the date of such application receipt. The state body that issued the licence, after correcting the error in the licence, issues it to the subsoil user within two business days.
The corrected licence is subject to publication on the Internet resource of the state body that issued the licence on the day of correction. Disputes arisen in connection with the correction of errors in the licence, are subject to settlement according to the legislation of the Republic of Kazakhstan.
Termination of a subsoil use licence A subsoil use licence is terminated in the following cases: Invalidity of the licences and consequences thereof 1. A licence may be acknowledged as invalid in a judicial proceeding in the following cases: The person concerned and a prosecutor are entitled to appeal to the court with a claim for recognizing the licence as invalid, and on the grounds provided for by sub-paragraphs 1 and 3 of paragraph 1 of this Article—also the state body that issued the licence.
The person concerned is the person which right to obtain a licence and legitimate interests are violated or may be violated as a result of the licence issue. The licence shall be declared invalid from the day the court decision comes into force. A person shall not be entitled to require the invalidation of a licence that is issued in violation of the requirements of this Code, other laws of the Republic of Kazakhstan, the charter of a legal entity, if such a requirement is caused by lucrative motives or the intention to evade liability.
The statute of limitations for disputes related to the invalidity of a licence is three months from the day when the plaintiff becomes aware or should become aware of the circumstances constituting the grounds for the license invalidation. Contractual regime of subsoil use Article Definition of a subsoil use contract 1.
Subsoil use contract is a contract, which content, procedure for conclusion, execution and termination are determined by this Code. Under a subsoil use contract, one party the Republic of Kazakhstan represented by the competent authority undertakes to grant to another party a subsoil user a subsoil use right for a certain period, and the subsoil user undertakes, at its own expense and at its own risk, to exercise the subsoil use according to the terms of the contract and this Code.
The subsoil use contract is concluded for exploration and production or production of hydrocarbons, as well as for uranium production. When a contract is concluded, only one subsoil plot is provided for the use.
On Subsoil and Subsoil Use
Basic concepts used in this Law The following basic concepts are used in this Law: Legislation of the Republic of Kazakhstan on advocate practice and legal assistance 1. The legislation of the Republic of Kazakhstan on advocate practice and legal assistance shall be based on the Constitution of the Republic of Kazakhstan, consist of this Law and other regulatory legal acts of the Republic of Kazakhstan, regulating advocate practice and legal assistance.
List of key terms and word combinations: It binds the parties together. If an agreement has no consideration, it is not a binding contract. Consideration consists of a mutual exchange of benefits and sacrifices between contracting parties. In the exchange, what is a benefit to the offeree is, at the same time, a sacrifice to the offerer.
КонсультантПлюс Янтарь №30(885) выпуск от 05 августа 2016
Unit 6. ConsiderationВстречное предоставление
On advocate practice and legal assistance
.ПОСМОТРИТЕ ВИДЕО ПО ТЕМЕ: Отказ от страховки по коллективному договору
.ВИДЕО ПО ТЕМЕ: ЗАЯВЛЕНИЕ отказа от НАВЯЗАННОЙ страховки Банком при получении кредита