Note: The data displayed on the map is current as of 2021.

Access to data on holders of special permits can be obtained online on the website of the Geoinform Ukrainy DNEP at the following link: http://geoinf.kiev.ua/specdozvoli/*.
*The information manager has stopped publishing data for the period of martial law.

The search system allows you to search for valid, invalid and temporarily suspended permits.

The following information is available in the system:

- the owner of the permit;

- information about the site subsoil provided for use (location, geographical coordinates, area, number of reserves on the date of issuance of the permit, degree of subsoil development, information on testing of reserves);

- registration number of the permit;

- date of issuance, duration and validity of the permit;

- type of useful minerals;

- basis for granting permission;

- type of use of subsoil, purpose of use of subsoil;

- special conditions of permission;

- requisites of agreement on conditions of use of subsoil area;

- the source of funding;

- the amount of the fee paid for the granting of a special permit.

As of the date of this Report, the register of special permits for subsoil use contains information on 136 special permits issued during 2020, all of which are valid.

Scanned copies of all these permits, together with agreements on the conditions of subsoil use (including work programs) are published on the website of the State Geonadra under the link: https://www.geo.gov.ua/nadrokorystuvannya/vydani-speczdozvoly-ta-ugody/*.
*The information manager stopped publishing data for the period of martial law.

Information about special permits from the above register is published or integrated into the following government resources:

In September 2021, information on special permits for the use of subsoil was posted on the State Geological Portal:

1) in the form of an interactive map, which outlines the contours of special permits for the use of subsoil in each of the regions of Ukraine, via the link: https://nadra.gov.ua/.

2) in the format available for further processing (.xlsx), as well as other formats (kmz, json) at the link: https://nadra.gov.ua/site/opendata*.

*The information manager has stopped publishing data for the period of martial law.

As part of the integration of state cadastres, in October 2019, a "Geonadra" layer with information on issued permits for the use of subsoil was applied to the Public Cadastre Map, to which access is provided by DNVP "Geoinform of Ukraine", at the link: http://newmap.land.gov.ua*.

*The information manager stopped publishing data for the period of martial law.

In 2019, the Database of Special Subsoil Use Permits was created on the Unified State Open Data Web Portal, which is subject to annual updates. Data are displayed in .xls format files separately for water and all other types of minerals.

The databases include, in particular, information about the owner, the state of subsoil use, the type of mineral, the industry in which the mined mineral is used, the name of the subsoil area provided for use, the registration number of the permit, the date of its issuance, the duration and validity of the permit. As of the date of this Report, information on special permits is partially reflected in these databases.

According to the Procedure for Granting Special Permits, the State Geosoil Service is required to publish, together with issued special permits, the corresponding agreements on the conditions of subsoil use, which are an integral part of such special permits.

The Law of Ukraine "On the Open Use of Public Funds" requires mandatory disclosure by managers and recipients of state and local funds budgets, state and communally owned business entities, information about the contracts concluded during the reporting period. At the same time, the amount of information made public does not include the text of the contracts.

The Law on EITI provides for mandatory disclosure to the Ministry of Energy of "material" conditions and extracts from agreements related to the extraction of minerals, namely: agreements on the conditions of subsoil use, URP, DSD and other contracts, on the basis of which project activities are carried out, within 1 month from the date of receipt relevant information from business entities. Business entities have 1 month from the date of conclusion of such agreements to transfer information to the Ministry of Energy.

At the same time, the Law on EITI does not set clear requirements for the publication of information regarding agreements concluded/amended before the law enters into force (that is, until November 16, 2018).

The main contractual document that defines the conditions of subsoil use is the agreement on the conditions of subsoil use.

The specified agreement is concluded between the State Geosoil Department and the holder of a special permit for the use of subsoil, and according to the Procedure for granting special permits, the Temporary Order and the Oil and Gas Law, it is integral to it part.
The agreement must contain conditions on the technical, technological, organizational, financial, economic, social, and environmental obligations of the parties and on the procedure for regulating relations between them in the process of subsoil use on the given subsoil area.
The specified agreement also contains a work program, which is drawn up as an appendix, and special conditions for the use of subsoil, which provide for:

1) requirements for work efficiency;

2) modern technologies of mineral extraction and processing;

3) the procedure for extracting minerals, in particular with the aim of preventing negative environmental consequences and ensuring the safety of built-up areas;

4) types, volumes and terms of work on the subsoil area;

5) grounds for termination of activity, related to the use of a subsoil area.

Additional conditions may be established in accordance with the legislation in the agreement on the conditions of use of an area of oil and gas-bearing subsoil located within the continental shelf or the exclusive (marine) economic zone of Ukraine concluded between the State Geosoil and the subsoil user.

Sample agreements on the conditions of subsoil use are approved by the order of the State Geodesy and posted on their official website at the link http://www.geo.gov.ua/primirni-ugodi-pro-umovi-koristuvannya-nadrami/.

Scanned copies of 136 special permits and corresponding agreements on the conditions for the use of subsoils are posted on the official website of the State Geodesy, which corresponds to the information in the register of special permits for the use of subsoils.

At the same time, separate conditions for the use of subsoils and the development of mineral deposits could be contained in the materials of the technical and economic substantiation of the conditions for the mineral raw materials that are not publicly available.

According to the Law on UPR, UPR provides that the state, represented by the CMU, entrusts the investor with the search, exploration and extraction of minerals (including oil, gas and condensate) for a specified period, and the investor undertakes to perform the assigned work at his own expense and at his own risk.

The investor has the right to compensation for expenses related to from URP, at the expense of part of the extracted products ("compensation products"). The quarterly share of compensatory products cannot exceed 70% of the total volume of produced products until the investor's expenses are fully reimbursed. The rest of the products ("profitable products") are distributed between investors and the state in the manner determined by the PSA. Until the moment of distribution, all extracted products are considered the property of the state.

According to the general rule, the URP is concluded based on the results of the competition. At the same time, the law also provides for certain cases of concluding a public procurement contract without holding a competition. More detailed information on such cases is provided in this subsection below.

The maximum term for which the agreement is concluded is 50 years with the possibility of extension at the initiative of the investor.

Some business entities that have a special permit for the use of subsoil, enter into a DSD with other business entities.

The DSD is not the basis for the emergence of the right to use the subsoil, but only regulates the civil-law relations between the parties to the contract.

For the DSD, their participants undertake to act together without forming a separate legal entity to achieve a certain goal. The conditions of the joint venture, including the coordination of the joint actions of the participants or the management of their joint affairs, the legal status of the property allocated for joint activities, the coverage of the costs and losses of the participants, their participation in the results of joint actions and other conditions are determined by agreement of the parties.

Ukrainian legislation does not contain special requirements for the joint venture in the field of subsoil use, except for the prohibition of making special permits as a contribution to joint activities

A concession is a separate form of public-private partnership. Until October 2019, concession contracts could be concluded for projects involving the search, exploration of deposits and extraction of minerals, extraction of hard coal, lignite (lignite), its processing

In particular, under the concession contract, state authorities or local governments could transfer individual mining facilities (for example, mining and beneficiation plants) for use by private individuals. Such private individuals (concessionaires) received the right to conduct the activities provided for in the contract (in particular, extraction) and to receive profits and products as a result of fulfilling its conditions.

Although the concession contract did not grant the right to use the subsoil, this type of contract was directly related to the extraction of minerals. In particular, the concession agreement provided that the concessionaire will carry out the types of activities clearly provided for in the agreement and will use the concession object for its intended purpose (for the extraction of minerals), and the concessionaire will be able to check compliance with this and other conditions of the agreement and terminate it if the concessionaire violates them. concession", the provisions of which do not apply to projects on prospecting, exploration of deposits and extraction of minerals, and which rules on the peculiarities of the concession of objects of the fuel and energy complex have been removed from the special legislation.

Thus, during 2020, concession contracts in the mining sector were not concluded.