The reason for developing this draft resolution is the presence of so-called “dormant” subsoil use permits, resulting in a loss of relevant budget revenues.<\/p>\n\n\n\n
Section 2 of the Explanatory Note and Section 1 of the Regulatory Impact Analysis to the mentioned draft resolution state that \u201cin order to avoid the risk of shortfall in planned budget revenues due to the risk of forming \u2018dormant\u2019 permits, it is appropriate to amend the Resolution of the Cabinet of Ministers of Ukraine No. 303 of March 13, 2022 by lifting the ban on conducting state geological control measures.\u201d<\/p>\n\n\n\n
At the same time, the current legislation of Ukraine does not define the term \u201cdormant\u201d permit, which makes it impossible to accurately determine which specific special subsoil use permits are being referred to and how many of them exist today.<\/p>\n\n\n\n
- \n
- Members of the Parliament of Ukraine O.V. Kovalchuk, D.H. Arakhamia, D.O. Hetmantsev (a total of 9 MPs), acting as legislative initiative subjects, registered a draft resolution of the Verkhovna Rada of Ukraine “On the Development of a Legislative Framework for Creating Preferential Business Conditions for Partner Countries of Ukraine within the Post-War Alliance” (Reg. No. 13067 dated March 10, 2025).<\/li>\n<\/ol>\n\n\n\n
According to this draft resolution, the Cabinet of Ministers of Ukraine must, within three months, develop and submit to the Verkhovna Rada draft laws aimed at creating a special legal regime to attract investments from partner countries that have provided and continue to provide assistance to Ukraine in countering the armed aggression of the Russian Federation \u2014 taking into account the special role of the United States of America in supporting Ukraine \u2014 by amending current legislation, in particular the Code of Ukraine on Subsoil and the Law of Ukraine “On Production Sharing Agreements”. These amendments are to include mechanisms for reviewing subsoil use licenses, analyzing inefficiently used (\u201cdormant\u201d) licenses, and determining the procedure for their transfer to foreign business entities permanently located or residing in the partner countries of Ukraine, primarily to businesses from the United States of America, along with relevant obligations to develop the deposits.<\/p>\n\n\n\n
Introducing the term \u201cdormant\u201d permit (\u201cdormant\u201d license) into Ukrainian legislation without defining it would lead to free interpretation of the law, potential conflicts, and judicial proceedings related to subsoil use.<\/p>\n\n\n\n
By the way, according to subparagraph 3, paragraph 2, section I of the Law of Ukraine dated January 19, 2006, No. 3370-IV “On Amendments to Certain Legislative Acts of Ukraine to Bring Them in Line with the Laws of Ukraine in the Sphere of Licensing”, the word “license” in all cases and numbers was excluded from the text of the Code of Ukraine on Subsoil.<\/p>\n\n\n\n
In the current version of the Code of Ukraine on Subsoil, the term “special permit” is used.<\/p>\n\n\n\n
In order to improve the current legislation in the field of geological exploration and rational use of subsoil, the Association appealed to the Prime Minister of Ukraine, D.A. Shmyhal, with a request to instruct the Ministry of Environmental Protection and Natural Resources and the State Service of Geology and Subsoil to develop a draft Law of Ukraine to supplement the Code of Ukraine on Subsoil with an article that would include definitions of key terms and concepts used in the Code.<\/p>\n\n\n\n
In response to this appeal, the Association received a letter from the Department of Sustainable Natural Resource Management of the Ministry of Environmental Protection and Natural Resources of Ukraine (No. 12\/12-02\/264-25 dated April 24, 2025), which is attached.<\/p>\n\n\n\n
![\"\"](\"https:\/\/avnbmu.com.ua\/wp-content\/uploads\/2025\/04\/vidpovid-min-dovkillya-na-zapit-asocziaczi\u0457-725x1024.png\")
<\/figure>\n\n\n\nPhoto source: https:\/\/www.freepik.com\/<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"
The Code of Ukraine on Subsoil was adopted back in 1994, and since then, around 50 amendments and additions have been made to it. However, unlike, for example, the Law of Ukraine “On Oil and Gas”, the Mining Law of Ukraine, or the Tax Code of Ukraine, the Code of Ukraine on Subsoil does not […]<\/p>\n","protected":false},"author":1,"featured_media":3242,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/3244"}],"collection":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/comments?post=3244"}],"version-history":[{"count":4,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/3244\/revisions"}],"predecessor-version":[{"id":3272,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/3244\/revisions\/3272"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/media\/3242"}],"wp:attachment":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/media?parent=3244"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/categories?post=3244"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/tags?post=3244"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}