In accordance with the current legislation of Ukraine, mineral extraction takes place on the basis of special permits for the use of subsoil, which are of a temporary nature. However, starting from February 24, 2022, some economic entities lost the possibility of using the subsoil in connection with hostilities or the temporary occupation of part of the lands of Ukraine by Russian invaders.
Although in fact the war in Ukraine has been going on since 2014, but only on December 1, 2022, Law No. 2805-IX was adopted, which amended the legislation on the use of subsoil, in particular in the part regulating the validity period of Special permits for the use of subsoil.
Article 15 of the Subsoil Code of Ukraine, which determines the terms of subsoil use, was set out in a new version, which determines the automatic, without a separate decision, the extension of the validity periods of special permits for the use of subsoil and the terms of performance of works established by agreements on the use of subsoil.
At the same time, it is worth noting that special permits for the use of subsoil, the validity period of which expires during the period of martial law, are extended for the duration of martial law and six months after its termination, and the validity period of all other special permits, the term of which does not expire during the period of martial law regime , continues for the duration of martial law and three months after its end. In a similar way, the deadlines for the execution of works on the subsoil area under agreements on the use of subsoil are also extended. The specified changes entered into force on March 20, 2023.
Timely response to changes in legislation allows you to qualitatively adjust your business strategy and protect yourself from negative consequences, unnecessary losses and unpleasant discussions with regulatory authorities, which is what Dynasty Law & Investment lawyers will help you with.
Oleksandr Bragin, attorney at Dynasty Law & Investment