Cases of uncontrolled development of mineral deposits, including on an industrial scale, are observed practically throughout Ukraine, in connection with which the State Service of Geology and Subsoil has developed a special algorithm for taking measures in case of information about illegal mining:
Phase I. Obtaining information on illegal mining
Identification of illegal mining directly by the State Geo-Mineral Resources Agency:
Gosgeonedra, when conducting scheduled and unscheduled inspections of the activities of subsoil users, reveal cases of mining of national and local significance without obtaining permits (special permission for the use of subsoil, including when a special permit for the use of subsoil is suspended, or in the period between the expiration of the period actions and making a decision to extend the validity period of a special permit for the use of subsoil).
Gosgeonedra, based on the results of the analysis of reporting forms 5-gr and 7-gr, submitted by subsoil users for the corresponding year, reveal cases of mining after the termination of the special permit for the use of subsoil.
Receiving information from other subjects:
Gosgeonedra pursuant to subparagraph 2 of paragraph 1 of the NSDC Decision "On the state of affairs in the field of subsoil use" dated 03.19.2021, enacted by Decree of the President of Ukraine dated 03.25.2021 No. 122/2021, quarterly by the 5th day of the month following the reporting quarter , receives from the regional state administrations information about the possible illegal mining of minerals within the respective administrative-territorial units, indicating the geographical coordinates, the name of the business entity and other available information about the places of possible illegal mining.
Gosgeonedra, in the course of processing applications from citizens of Ukraine and business entities, identifies cases of mining without obtaining permits.
Stage II. Analysis of information
In order to analyze the information of the State Geological Survey in each case of detecting a probable illegal mining of minerals, send appropriate inquiries and receive information from the State Scientific and Production Enterprise "Geoinform of Ukraine" on the availability of a special permit for the use of subsoil and /or mineral deposits at the site of mining (except cases of revealing these facts during a scheduled inspection of the activities of subsoil users).
Based on the results of the analysis, the State Geo-Mineral Resources Department compiles materials (maps are created, materials of the licensing case and materials of verification, reporting, appeals of citizens of Ukraine and business entities are used) in order to provide an opportunity to establish the place of illegal mining, the volume of minerals, the circumstances of illegal mining and the like.
Stage III. Feedback
Information on revealed violations of legal requirements in the field of subsoil use is sent to law enforcement agencies.
In case of confirmation of information about illegal mining, a corresponding notification is sent to the applicant.
In August 2021, the Law "On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening Liability for Illegal Extraction of Mineral Resources" came into force, which amended the Administrative and Criminal Codes of Ukraine. In particular, it was established that illegal mining of local minerals will be punishable by fines of up to 85,000 hryvnia, or imprisonment up to 8 years.