Development of Ukraine's new Subsoil Code, Ukraine

Project Description
Project 'Development of Ukraine's new Subsoil Code' is focused on the support of Ukraine’s subsoil use sector reform by harmonizing and improving legislation in line with the EU best practices and EU acquis. The project is targeted to systematically modernize the legislation related to the subsoil use. The overall goal is to ensure the sustainable development of Ukraine`s mineral resources sector as well as to attract international investors with transparent and unambiguous market rules. The project will also build the policy making capacity of the Ministry of Ecology and Natural Resources and other involved institutions based on consultation with a broad base of stakeholders in order to define a strategic vision for the extractive industry. In consequence, the subsoil market reform is expected to boost the extractive industries` contribution to the Ukrainian economy and enable the effective management of the state natural resources.
Specific Objective
The overall objective of the project is to support the implementation of reforms in Ukraine’s
subsoil use sector by harmonising and improving Ukraine’s subsoil legislation in line with the best
practices of the EU Member States and where relevant in line with the EU acquis.

The purposes of this project are multiple:
· To elaborate on the main areas of the state policy in the field of subsoil and mineral resource
use in Ukraine;
· To elaborate on a proper Legal Framework required for the development of a new Subsoil
Code;
· To develop a draft of the modern version of the Subsoil Code;
· To incorporate licensing procedures (currently regulated by Resolutions of the Cabinet of
Ministers of Ukraine No. 615 and 594) into the new Subsoil Code;
· To improve the governance system of the subsoil use sector;
· To raise awareness on project activities, objectives, outcomes and long-term effects.
Expected Results
· Capacity of the Ministry of Ecology and Natural Resources on policy development and
legislation drafting is built;
· Policy monitoring and planning in the Ministry is reinforced;
· Policy dialogue and cooperation with the key relevant institutions in the sector (Ministries,
GMRU, agencies, NGOs, etc) is improved;
· A list of regulatory and legal acts to be adopted/amended in pursuance of the new Subsoil Code
is developed;
· Permitting procedures are improved according to best international and local practices, agreed
with the all stakeholders and incorporated into the Subsoil Code;
· A new draft Subsoil Code, agreed by the Ministry of Ecology and Natural Resources, is
submitted to the Cabinet of Ministers of Ukraine for adoption following extensive stakeholder
consultation;
· The package of documents associated with the new draft Subsoil Code (explanatory note,
regulatory impact analysis, a note of compliance with аcquis communautaire, translation of EU
аcquis in the field of subsoil use (where relevant), etc.) is prepared;
· Gaps and overlapping areas in primary and secondary legislation are identified and relevant
amendments proposed to eliminate them;
· Amendments are developed to regulatory and legal acts in accordance with the new draft
Subsoil Code, or integration of their provisions into the Code is considered. In particular, the
project should cover regulations dealing with conditions for minerals, mineral reserves
appraisal and expertise, disposal of geological information, classification of mineral reserves
and resources, determinations of the value of mineral reserves and deposits, or of a subsoil area;
· Support to development of the guidance notes to provide clarity on the operation of the laws
(stemming from the new Subsoil Code) is provided;
· A detailed reform plan with proper roles and responsibilities of subsoil use sector agencies and
institutions is approved by the Ministry of Ecology and Natural Resources;
· The institutional and technical capacity of GMRU and other relevant agencies is strengthened;
· Communication and visibility of the project activities are ensured with a view to promote best
European practice in the sector.
Project map
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PROJECT DETAILS
Ukraine
Priority Area:
Partnership that greens
Subsector:
Energy & energy efficiency
Topic:
Energy
Project Status:
Completed
Start Date:
03.09.2019
End Date:
02.09.2023
EU Project Number:
408-941

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