Many Russian residents with an adventurous nature, having watched enough on TV of prospectors searching for gold in the USA and Australia, are inspired by the idea of ​​becoming prospectors. It is doable, although difficult.

If previously in Russia there was a ban on gold mining by private individuals, then starting in 2017 it was lifted, and private owners were again allowed to search for the precious metal. This was done to support small businesses in remote areas - primarily in Chukotka, Yakutia, the Far East, the Krasnoyarsk Territory and the Altai Republic. The government expects that private traders will be able to additionally replenish the Russian treasury by 300 kilograms of gold per year.

Law is law

The extraction of precious metals in Russia is regulated by Law No. 2395-1 “On Subsoil” and Law No. 41-FZ “On Precious Metals and Precious Stones” of 1998.

According to the amendments to the law, individuals must be registered as individual entrepreneurs. They are entitled to a license to develop small vacant plots of up to 150,000 square meters for a period of five years. There are a number of restrictions: they do not have the right to hire other people, they do not have the right to use heavy equipment on the site, gold mining must be carried out manually - with metal detectors, hand dredges, and washing trays. The use of heavy equipment - bulldozers, drilling machines is not allowed.

Private owners are allowed to mine gold only in areas where there is no industrial gold mining, and the amount of precious metal mined on the site should not exceed ten kilograms.

Miners do not have the right to go deeper into the ground than five meters. Thus, ore gold remains almost completely out of sight of private owners - they can only mine native gold or extract gold sand by panning.

Illegal gold mining

Until now, almost 10% of gold production in Russia comes from the “black” sector, and there is a risk of meeting “black” miners in the taiga. This type of activity is prohibited, but in remote parts of the country it may be overlooked, and this should be remembered. In some places, there are entire illegal settlements of “black” gold miners.

Their actions fall under Article No. 191 of the Criminal Code of the Russian Federation, according to which illegal trafficking in precious metals, their transportation, purchase or sale on a large scale is punishable by forced labor or imprisonment for up to five years with a fine of up to 500,000 rubles or withholding of wages for three years . If the crime is committed by a group of persons, then the term increases to seven years, and the fine - up to 1,000,000 rubles. A particularly large size of gold mining is mining from 1,500,000 rubles. In other cases, you can get off with a fine or probation.

Criminal liability will also arise if a miner inadvertently or deliberately invades someone else’s land, that is, encroaches on the property of another miner or company.

Goes the official route

Information about vacant plots can be found in the branches of the Rosnedra agency - this is a federal agency that maintains cadastral records and issues licenses for the extraction of minerals, including precious stones and gold. The agency's branches are located in almost all regional centers of Russia. After reviewing the proposed sites, you need to choose the one that seems most promising to you, pay a state fee of 7,500 rubles and submit an application. There are no auctions or competitions for private owners. The answer, in theory, should come within 30 days.

Of course, there may be pitfalls here. Newcomers are unlikely to be allowed to work in good areas. There are companies that provide services for obtaining a license, their services are valued at 100,000–200,000 rubles, which indicates that their services are used, otherwise such companies simply would not exist.

However, there is a way to become a miner without obtaining a license: to do this you need to enter into an agreement with a gold mining company and, for example, get from them for a certain percentage the opportunity to work on the dumps of an enterprise or where there is not enough gold for the industrial mining method, but there is still a lot for private owner

As far as one can judge from the remarks of the miners themselves on the Internet, the majority of private traders are dissatisfied with the new law - many hoped that the “free supply” of gold by miners to state buyers would be allowed, that is, the method by which gold miners pay taxes upon the fact of extracting the precious metal.

If you managed to get a license, it’s too early to rejoice - firstly, most of the sites are really in remote places, where “half a heifer and a ruble are transported.” Secondly, in addition to income tax, you will have to pay mineral extraction tax. Thirdly, you will have to worry about prospecting for gold in your chosen area - it may not be there, and you will be burned out.

Well, then you should remember that you yourself will have to worry about your own safety, protect yourself from bears, and the mined gold from people. You will find mosquitoes, midges, ticks, animals, cold nights, spending the night in a scarf, meetings with unpleasant people, disagreements with locals, possibly snowfalls and a very short season, because in the north summer lasts only three months: it begins in June and ends In the end of August.

But if difficulties only fuel the desire to get rich, and you are healthy, full of enthusiasm and, most importantly, know geology well, you can try.

There is a considerable gold reserve on the territory of the Russian Federation. The history of precious metal mining goes back hundreds of years, so people have managed to succeed in this matter. Today, the development of gold-bearing veins is carried out by legal entities, however, there are still many deposits that are not officially assigned to anyone.

Gold mining in Russia by individuals is not prohibited and can become a very profitable enterprise for a person, however, it is impossible to simply extract the precious metal. To develop a place, you must have an official license. Let us consider the conditions for obtaining a permit by ordinary citizens in the presented article.

Is gold mining allowed for private individuals in the Russian Federation - the main provisions of the legislation

The Constitution of the Russian Federation states that all natural resources belong to people. On the one hand, this is true, but on the other, permits for gold mining are issued only to large corporations, as a result of which small companies, and even more so ordinary citizens, have practically no chance of getting into this field of activity. In turn, the lack of a license may lead to criminal liability being imposed on a citizen who tried to extract or sell metal.

Private individuals have the right to mine gold, but provided that the work is carried out in regions where this is permitted. The limitation is that industrial gold ore mining should not be carried out on the territory of the subject. Only licensed companies have the right to develop the deposit here.

For what reason were private individuals allowed to mine gold?

As a rule, citizens mine gold in very small quantities, so they cannot compete with large firms. On the other hand, there may not be too much gold in the ground and it may not be advisable to develop it on an industrial scale. For one person, this can be a profitable business.

As a result of this, gold mining was allowed to private individuals, but with some restrictions. An example is the situation in the Magadan region. Today, more than 1,500 citizens are engaged in gold mining there, but the total volume is precious. metal is only 900 kg. For large corporations this is unprofitable, but for ordinary people it is a very significant source of income.

General procedure for obtaining a gold mining license

Until recently, licenses for the extraction of “yellow” metal were issued only to legal entities. Citizens were prohibited from removing metal from the bowels of the earth. This state of affairs existed until 2016. Since that time, D. Medvedev proposed amendments to Russian legislation regarding the issuance of gold mining licenses to individuals.

Where to apply for a license?

Since the territory is at the disposal of the state, permission must be obtained from the authorized agency - the state agency RosNedra. The organization has several branches that can also issue license permits. Sometimes the document is issued by the Ministry of Nature of the Russian Federation. These same departments are responsible for organizing auctions for the right to develop the largest deposits. More details about the procedure for processing documents can be found on the official websites of these departments.

Conditions for obtaining a gold mining permit?

According to the current legislative regulations, a license can be issued to a private person only if the subsoil contains less than 10 kg of gold. Separately, it is worth mentioning the period for which a license can be issued, namely:

1. If a citizen plans only to mine precious metals and not conduct any other activities, then the license period will be up to 20 years.
2. When additional geological surveys are carried out, the validity period of the permit may be 25 years.
3. To conduct geological surveys, but without gold mining, a license is issued for 5 years.

Such terms apply to individual entrepreneurs, but for private owners, the license term is limited to 5 years. It is also not always possible to choose the desired plot of land. And yet, private owners cannot use special equipment, bulldozers, drilling machines and other units.

License cost for a private owner

The price of a license permit may vary depending on the method of obtaining it. If you contact a specialized company that provides similar services, the cost of registration will be about 100-200 thousand rubles.

Self-registration will require the citizen to pay 7,500 rubles, but the deadlines will be much longer, and a lot of effort will be required to prepare the necessary documentation. Despite the fact that the cost of services is not too high, there is a danger that the business may become unprofitable. Unfortunately, the risks in this area are very high and before you start developing fields, you should carefully weigh the pros and cons.

Conclusion

The presented material can be concluded with the following conclusions:

1. Today, gold mining is carried out at an industrial level. Individuals have only recently gained access to this industry.
2. Anyone will be able to obtain a license permit for the extraction of precious metal, but subject to the mandatory requirements of the law.
3. The license period will be at least 5 years, but you will have to pay a state fee in the prescribed amount for the document.

Until 2016, only legal entities could use the subsoil for the extraction of precious metals on a legal basis. But now the issue of amending the Russian Federation Law “On Subsoil” and the Federal Law “On Precious Metals and Precious Stones” is being resolved in order to make gold mining in Russia possible for individuals.

The final version of the bill, aimed at allowing Russians to mine gold themselves, was published on July 31, 2017 on the federal portal of draft regulations. In September, public consultations ended, and the document, finalized based on the results of public discussions, was approved by the RIA Institute - Regulatory Impact Assessment and submitted for consideration to the Government of the Russian Federation.

Rules for the development of mines

Upon completion of the draft act, legal entities and individual entrepreneurs who have received, in accordance with the procedure established by law, a license to use natural resources in Kolyma, within the territory of the Magadan Region, will be able to mine gold. As for the specific places in which private gold mining will become available, the list will be prepared and posted on the official website by the Magadan Department of the State Subsoil Fund.

By law, artisanal gold mining was prohibited, and according to the Criminal Code of the Russian Federation, independent activity is punishable. However, the new project on free labor will allow people to engage in gold mining for the subsequent delivery of precious minerals to the state. Citizens of the Russian Federation will be allowed to mine up to 10 kg of gold in one mine. To do this, the individual entrepreneur will need to apply for a specific placer deposit and use only it. The area of ​​the land plot provided for rent will be no more than 0.15 km2.

Precious metal can be mined exclusively in the following ways:

• only by superficial method;
• using trays and other hand tools, without the use of special equipment - industrial tractors, bulldozers, etc.;
• personally, without involving third parties under a contract;
• without the use of explosives in the process;
• without quarry development and maintenance;
• using a layer of earth up to 5 m deep.

To perform the work, it is not necessary to develop and approve technical designs and other project documentation.

The procedure for the delivery of precious metals for gold miners will be determined after the approval of a regulatory act at the federal level. Then government representatives will make adjustments to regional legislation.

Obtaining a license for entrepreneurs

The subsoil used for the extraction of minerals by organizations and private owners is state owned. Accordingly, the use of natural resources requires obtaining official permission. The Federal Agency for Subsoil Use (Rosnedra) is responsible for issuing it.

Registration of the right to develop subsoil is not necessary only when an entrepreneur purchases an enterprise that has all the necessary documents or when a gold miner enters into an agreement with an organization. In the second case, work is carried out on the territory of a deposit or mine on the basis of a license from an operating company.

To obtain the right to use a land plot, an individual will need to do the following.

1. Register as an individual entrepreneur.
2. Submit an application to the management body of the state subsoil fund.
3. Wait for the results of consideration of the application by a specially appointed commission, which, based on the results of its study, will make a decision within 30 days from the date of application to issue a permit or to refuse to grant the right to use subsoil.
4. If the response to the application is positive, obtain a license.

Unlike organizations, individual entrepreneurs do not participate in auctions and competitions in which the winner becomes the owner of the right to gold mining. But at the same time, individuals are limited in the choice of gold-bearing areas and the use of heavy equipment.

If companies are issued a gold mining license for a period of 20–25 years, then for private owners - only for 5 years. The total costs of its registration consist of state duty and payment for the use of natural resources. Current information on the amount of state duty is available on the website of the Department of Subsoil Use of the Central Federal District.

The state duty is quite democratic

The total cost of obtaining a license depends on whether the papers are drawn up independently or through a law firm. By independently obtaining a permit, the gold miner significantly reduces costs.

Private gold mining is still not permitted by current legislation. For successful business development, it is necessary to implement your entrepreneurial ideas within the framework of the law. In this regard, the most important procedure when mining and searching for gold is obtaining a license.

Gold reserves in Russia are extensive; this metal can be mined in all regions of our country, from the traditional Magadan region to the Moscow region. Gold in the Moscow region is found in the north of the region in the Dmitrovsky district, in Vyazma and near Podolsk.

Currently, gold mining is available only to legal entities, although for about 15 years there has been talk about the possibility of allowing a private person registered as an individual entrepreneur to engage in this type of business.

Let's consider some aspects of the legislation in force in this area, as well as existing bills today.

Gold mining license for organizations

The gold mining business and its licensing are regulated by the Federal Law “On Subsoil” No. 2395-1, adopted in 1992, and the Federal Law “On Precious Metals and Precious Stones” No. 41-FZ, adopted in 1998. According to the current version of these laws, gold extraction can only be carried out by legal entities that have received permission (license).

The licensing authority is the Federal Agency for Subsoil Use - Rosnedra and its local branches.

The procedure for obtaining a license is as follows:

1. Search for sites offered by a government agency for an auction or competition (you must search in official sources, all information is publicly available on the website of Rosnedra and its territorial divisions).
2. Filling out an application for participation in an auction or competition and providing a list of documents determined by the competitive (auction) requirements.
3. The winner of the competition (auction) receives a license to develop the site.

As a rule, a gold mining license is issued for 20-25 years or for the period of complete development of the deposit. The license is considered valid from the moment of state registration.

The actual costs of obtaining a gold mining license consist of the following payments:

• a one-time fee for participation in an auction or competition (mandatory payment for registration of an application, which is returned only if the auction does not take place);
• one-time payment for the use of subsoil (at least 10% of the mineral extraction tax);
• state fee for issuing a license.

The total cost of the license depends primarily on the proven reserves of the licensed area.

An entrepreneur who has received a license also becomes a payer of taxes to the budget, namely, makes regular payments for the use of subsoil based on a square kilometer of a licensed area per year, as well as a mineral extraction tax (MET).

Gold mining by individual entrepreneurs

The participation of individuals in business activities related to gold mining is not legally established. The existing bill on amendments to the laws “On subsoil” and “On precious metals and precious stones” No. 429535-5, called “On the extraction of placer gold by individual entrepreneurs,” was adopted by the State Duma in 2011 only in the first reading and sent for revision. To date, the date for consideration in the second reading of the bill has not been determined, but in October 2016, a committee was appointed responsible for the further development of this law (State Duma Committee on Natural Resources, Property and Land Relations).

This special bill provides for the following innovations:

1. Gold mining can only be done in areas that are not part of industrial development. The extracted physical volume of gold in the provided area should not exceed 10 kg.
2. The declarative rule for the provision of plots, competitions and auctions are not held.
3. An individual must be registered as an individual entrepreneur.
4. Development of the IP site will be possible based on the decision of the territorial body with the issuance of a license for a period of 5 years.

This important law, if adopted, could bring additional revenue to the budget, promote the development of small and medium-sized businesses in the regions of the country, create new jobs and increase the number of self-employed people. Private gold mining within the framework of the law will definitely reduce the volume of illegal mining.

In the Russian Federation, gold mining by individuals is prohibited. A bill that would allow all citizens to engage in small-scale mining has been under consideration in the Duma for almost seven years! Meanwhile, illegal gold mining in Russia is thriving. According to some sources, it amounts to up to ten percent of the total volume of gold mining in the country.

There was a short period in the history of the Russian Federation when the mining of precious metals and stones was allowed to all Russian citizens. In 1992, such a bill was adopted. The gold collection offices in Buryatia and Magadan started working belatedly.

And in 1998, the law was repealed: from that time on, only organizations that received licenses could engage in gold mining.

Illegal gold mining

In 2002, the Governor of the Krasnoyarsk Territory, Alexander Lebed, developed changes and additions to the law “On Precious Metals and Precious Stones”. Lebed proposed not only to organizations, but also to individuals who should obtain licenses for this. He was supported by the governor of the Magadan region, Valentin Tsvetkov. The bill was submitted to the State Duma, but it was not adopted.

The new bill “On the extraction of alluvial gold by individual entrepreneurs” under number 429535-5 appeared in 2010. It was adopted in the first reading, then the situation stalled. Meanwhile, the law is needed, and many in the gold-mining regions from the Urals to Magadan are waiting for it.

The number of deposits and mines in the country that are not of industrial importance, but contain some amount of gold, numbers in the thousands. they are beneficial only to small entrepreneurs. A large organization will not go there, because it is not economically profitable for it to work at a facility where, for example, gold reserves are less than 10 kilograms. Therefore, such small deposits become targets for illegal mining of precious metals.

In Russia, illegal miners extract metal from placer deposits. Few people are engaged in mining in vein deposits. This practice is common in Kazakhstan, where people risk their lives by climbing into abandoned mines or paying security to allow them into protected mines.

A hundred years ago, 90 percent of the precious metal was mined from placers; today, no more than 14 percent. But industrial gold mining is mainly focused on the development of vein deposits.

Predators or prospectors?

Predators are people who mine gold without licenses or permits. The word was known even in pre-revolutionary Russia, since even in those days not everyone could obtain a license.

The predator's equipment has changed little over the century. This is a pick, a shovel, a tray, primitive tools for... Few people use expensive modern means, as they may be taken away. And not only law enforcement agencies, but also crime.

All predators dream of getting rich, but only a few succeed. Even if a black miner attacked a gold-bearing site, selling what he found is a big problem. Most often, the predator himself becomes a victim of crime or envious fellow miners.

On the Internet you can easily find a lot of stories about successful miners who received prison sentences for their efforts, and whose gold was confiscated. A man in Buryatia washed gold all summer and washed about three kilograms. He was caught on the highway by FSB officers. Most likely, the lucky predator was betrayed by his fellow prospectors. The man was given a two-year suspended sentence and his gold was confiscated.

Mining precious metals using a tray is hard work. But he is illegal in Russia. Many miners die at the hands of bandits or in the taiga, left without help.

People do not become predators because they have a good life. Many people are driven to search not by a thirst for adventure, but by unemployment, a natural desire to feed their family.

Legalization of alluvial gold mining could solve a lot of problems.

• eliminate unemployment in many localities;
• attract people to the regions of Siberia and the Far East, where there is now a massive outflow of population;
• increase the production of precious metals in the country;
• fill the budget by donating legal gold to the population.

The artisanal mining method is very promising in many regions of Russia. Prospectors often find new deposits; such precedents have often happened in other countries. Many residents of Buryatia and the Magadan region are ready to work in non-industrial placers, but only one factor holds them back - their activity will be considered illegal.

The best option for legalizing illegal gold mining is to sell licenses, as in Australia. A license to search and mine gold here can be purchased online for $30. Many tourists are attracted by this simple scheme, and they go to the fifth continent in search of gold. Australian statistics are modestly silent on how much each tourist finds on average, but any discovery of a nugget becomes the property of the press. Due to this, tourism in Australia is thriving.

Illegal in many countries. Millions of people in Africa and Asia wash sand every day or climb into adits and mines at their own peril and risk. In Mongolia and Kazakhstan, black mining is widespread, but few people are punished for their activities. In Peru, a quarter of gold is mined illegally.

Illegal gold mining is rampant in South Africa and Ghana. According to some reports, about a million are illegally mined in South Africa alone. But miners cannot sell gold at normal prices in their country and go to Zimbabwe. Gold miners earn no more than five dollars a day.

Illegal business does not bring income to diggers and the state in any country in the world. Developing countries that are interested in developing gold mining are relaxing laws and encouraging gold mining. In many civilized countries, they do not neglect artisanal mining of precious metals and sell licenses without red tape and delays.

Punishment for illegal mining

If a miner extracted 20 grams of gold in the taiga through tireless labor and was caught red-handed, will he face criminal liability? Most likely no.

Illegal trafficking in precious metals in our country was partially decriminalized in 2011.

According to Article 19.14 of the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for violation of the established rules for the extraction, production, use, circulation, receipt, accounting and storage of precious metals.

But the gold will be confiscated and a fine of 3 to 5 thousand rubles will be imposed. There is no provision for confiscation of equipment.

Criminal liability arises in the event of discovery of precious metals in large quantities - in the amount of more than a million rubles.

But if a prospector is caught at someone else’s mine, he is unlikely to get away with a fine; in this case, he faces criminal liability. After all, the deposit is someone’s property.