Geological agency unlawfully suspends special subsoil use permit

Object of the complaint: State Geology and Subsurface Service 
Complaint in brief: On June 26, 2015, the subsidiary of an international ceolite extraction company addressed the BOC with a complaint, alleging that it had been granted a special permit for subsoil use to exploit subsurface resources, which was confirmed by an order by the State Geology and Subsurface Service (SGSS). As required by law, the complainant paid a fee for the permit and submitted the necessary documents. However, the SGSS’s authorized official informed the complainant that the Service would suspend the permit and cancel its order.
Actions taken: The BOC investigator initiated a conference call and requested the Service’s position on the situation. An official with the Department of Subsurface Use informed the BOC investigator that the permit had been suspended due to notifications received by the SGSS regarding illegal extraction of ceolite on the site.
Having investigated the merits of the case, the BOC concluded that there were no legal grounds for which the SGSS could suspend the permit once the decision was taken and the fee paid. According to the Regulation on Granting of Special Permits for Subsoil Use approved by Cabinet Order #615 dated May 30, 2011, the State Geology and Subsurface Service may not suspend the issuing of a permit if the order has been approved and the fee paid. Even if there were cases of illegal extraction, these should be investigated according to the procedures provided for in the applicable laws, and the relevance of the complainant to such cases confirmed. These conclusions were communicated to the Department of Subsurface Use. They were also communicated in recommendations submitted by the Business Ombudsman to the SGSS Director on July 2, 2015. 
Result achieved: On the same day the recommendation was issued by the BOC, the SGSS issued the permit to the complainant. The case was closed.

Next case:: State Fiscal Service officials abuse power at the oblast level