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Ministry of Justice

Russian Federation

On January 18, 2018 No. 49668

ORDER OF THE MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

of September 4, 2017 No. 459

About approval of Administrative regulations of executive bodies of subjects of the Russian Federation on provision of the state service in the sphere of delegated powers of the Russian Federation in preparation and the conclusion of the agreement on provision of the fishery site

According to Item 6 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, to No. 5, of the Art. 506), I order:

Approve the enclosed Administrative regulations of executive bodies of subjects of the Russian Federation on provision of the state service in the sphere of delegated powers of the Russian Federation in preparation and the conclusion of the agreement on provision of the fishery site.

Minister

A. N. Tkachyov

Approved by the Order of the Ministry of Agriculture of the Russian Federation of September 4, 2017, No. 459

Administrative regulations of executive bodies of subjects of the Russian Federation on provision of the state service in the sphere of delegated powers of the Russian Federation in preparation and the conclusion of the agreement on provision of the fishery site

I. General provisions

Regulation subject

1. The administrative regulations of executive bodies of subjects of the Russian Federation in the sphere of delegated powers of the Russian Federation on preparation and the conclusion of the agreement on provision of the fishery site (further - Regulations) determine terms and the sequence of ministerial procedures (actions) of executive bodies of subjects of the Russian Federation under the organization and carrying out tender on right to contract about provision of the fishery site by provision of the state service (further - tender), in case of the conclusion of such agreement by results of tender, and also establish order of interaction between structural divisions of executive bodies of subjects of the Russian Federation, their officials, interactions of executive bodies of subjects of the Russian Federation with applicants by provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site.

2. Tender subject (lot) is the right to the conclusion of the agreement on provision of the fishery site.

Circle of applicants

3. Applicants are:

a) the legal entities and individual entrepreneurs registered in the Russian Federation according to the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" (The Russian Federation Code, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565, No. 50, Art. 4855, No. 52, Art. 5037; 2004, No. 45, Art. 4377; 2005, No. 27, Art. 2722; 2007, No. 7, Art. 834, No. 30, Art. 3754, No. 49, Art. 6079; 2008, No. 18, Art. 1942, No. 30, Art. 3616, No. 44, Art. 4981; 2009, No. 1, Art. 19, Art. 20, Art. 23, No. 29, Art. 3642, No. 52, Art. 6428; 2010, No. 21, Art. 2526, No. 31, Art. 4196; No. 49, Art. 6409, No. 52, Art. 7002; 2011, No. 27, Art. 3880, No. 30, Art. 4576, No. 49, Art. 7061; 2012, No. 14, Art. 1553, No. 31, Art. 4322; No. 53, Art. 7607; 2013, No. 26, Art. 3207, No. 30, Art. 4084, No. 44, Art. 5633, No. 51, Art. 6699; 2014, No. 14, Art. 1551; No. 19, Art. 2312, No. 30, Art. 4217, Art. 4242; 2015, No. 1, Art. 10, Art. 42, No. 13, Art. 1811; No. 27, Art. 4000, Art. 4001; No. 29, Art. 4363; 2016, No. 1, Art. 11, Art. 29; No. 5, Art. 559; No. 23, Art. 3296; No. 27, Art. 4248, Art. 4293; Art. 4294; 2017, No. 1, Art. 12, Art. 29; No. 31, Art. 4775):

concerning which insolvency proceedings and liquidations are not carried out;

--------------------------------

<1> Item 13 of article 2 of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, the Art. 2036, No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098, No. 26, Art. 3390; 2016, No. 1, Art. 65; No. 26, Art. 3889).

at which are absent to the tax debt, charges and other obligatory payments in budgets of any level or state non-budgetary funds for the last accounting period in the amount of more than 25 percent of book value of assets of the applicant according to accounting records for the last accounting period. The applicant is considered conforming to the established requirement if he appealed availability of the specified debt in accordance with the legislation of the Russian Federation and the decision according to such claim did not become effective on the date of consideration of the bid (further - the request);

concerning which there are no judgments about forced agreement cancelation about provision of the fishery site with the applicant in connection with violation by the applicant of essential terms of the contract about provision of the fishery site for the last 2 years preceding year of carrying out tender;

registered in the appropriate coastal subject of the Russian Federation (in case of provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site for implementation of inshore fishing);

b) the citizens of the Russian Federation belonging to indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation (further - indigenous ethnic groups) according to the list of indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation approved by the order of the Government of the Russian Federation of April 17, 2006 No. 536-r (The Russian Federation Code, 2006, No. 17, Art. 1905; 2010, No. 21, Art. 2615; 2012, No. 1, the Art. 178), or the persons belonging to their community, registered in appropriate subject of the Russian Federation concerning whom the organizer of tender has no data on the judgment on forced agreement cancelation on provision of the fishery site in connection with violation by such applicants of essential terms of the contract about provision of the fishery site for the last 2 years preceding year of carrying out tender.

Activities of members of community of indigenous ethnic groups shall not be suspended according to the procedure, provided by the Russian Federation Code of Administrative Offences, on the date of opening of envelopes with requests and opening of access to requests.

The legal entities specified in the subitem "an" of this Item shall not be under control of the foreign investor, except for case if control of the foreign investor concerning such applicant is established according to the procedure, No. 57-FZ provided by the Federal Law of April 29, 2008 "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, Art. 4445).

Requirements to procedure for informing on provision of the state service

4. Information on procedure for provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site is placed in writing at information stands of executive bodies of subjects of the Russian Federation, and also electronically on the official site of executive bodies of subjects of the Russian Federation on the Internet (further - Internet network), by means of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal), portals of the state and municipal services of subjects of the Russian Federation (further - the portal of services), and also, in case of the address of the applicant, it is provided in case of personal acceptance, by phone, by mail or e-mail.

On the Single portal, portals of services the following information is placed:

the exhaustive list of the documents necessary for provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site, the requirement to execution of the specified documents, and also the list of documents which the applicant has the right to provide on own initiative;

circle of applicants;

term of provision of the state service in preparation and conclusion of the agreement on provision of the fishery site;

results of provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site, procedure for submission of the document which is result of it provision;

the exhaustive list of the bases for suspension or refusal in provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site;

about the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site;

the forms of requests used by provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site.

Information on procedure and terms of provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site based on the data containing in the federal state information system "Federal Register of the State and Municipal Services (Functions)" is provided free of charge.

The information access about terms and procedure for provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant or provision of personal data by it.

5. The official site of the Single portal in Internet network: - http://www.gosuslugi.ru.

Phone number of the hot line: 8-800-100-70-10.

The list of executive bodies of the subjects of the Russian Federation providing the state service in preparation and the conclusion of the agreement on provision of the fishery site by results of tender on the right of the conclusion of such agreement, containing their postal addresses, e-mail addresses, the official sites in Internet networks, phone numbers of service desks, faxes, working schedules is given in appendix No. 1 to Regulations.

6. Consultations concerning provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site are performed by the following methods:

individual consultation on personal acceptance;

individual consultation by mail (by e-mail);

individual consultation by phone;

public written consultation;

public oral consultation.

In case of consultation officials of executive bodies of subjects of the Russian Federation shall, according to the arrived address, to provide information on the following questions:

a) about the list of the documents necessary for receipt of the state service in preparation and the conclusion of the agreement on provision of the fishery site, completeness (sufficiency) of the submitted (submitted) documents;

b) about time of receiving and delivery of documents;

c) about postal addresses, e-mail addresses, addresses of the official sites in Internet network, phone numbers of service desks, faxes, phones of "the hot line", and also the working schedule of executive bodies of subjects of the Russian Federation;

d) about procedure for appeal of actions or failure to act of officials of executive bodies of subjects of the Russian Federation during provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site.

7. In case of individual consultation on personal acceptance the maximum term of expectation of the applicant constitutes 15 minutes.

The maximum term of individual consultation on personal acceptance of each applicant by officials of executive bodies of subjects of the Russian Federation constitutes 10 minutes.

8. In case of individual consultation by mail (by e-mail) the answer to the address of the applicant is sent to the applicant's address specified in the request, in time, not exceeding 30 days from the date of receipt of the address.

The date of receipt of the address is date of its registration in executive body of the subject of the Russian Federation.

9. In case of individual consultation by phone the maximum time of conversation constitutes 10 minutes.

In case of impossibility of the official of executive body of the subject of the Russian Federation who received phone call to answer the questions posed, the phone call shall be readdressed (is transferred) to other official of executive body of the subject of the Russian Federation or to the addressed person the phone number on which it is possible to obtain necessary information shall be told.

Consultation concerning the location, the working schedule, required documents is provided with use of means of autoinforming. When autoinforming the round-the-clock representation of reference information is provided.

10. Public written consultation is performed by placement of information materials at information stands in places of provision of the state service in preparation and the conclusion of the agreement on provision of the fishery site, the publication of information materials in mass media, including the publication in Internet network on the official site of executive bodies of subjects of the Russian Federation, the Single portal and the portal of services.

11. Public oral consultation is performed by the authorized officer of executive body of the subject of the Russian Federation with attraction of financial resources of mass information.

II. Standard of provision of the state service

Name of the state service

12. The state service in preparation and the conclusion of the agreement on provision of the fishery site (further - the state service).

The name of the federal executive body providing the state service

13. The state service is provided by executive bodies of subjects of the Russian Federation (further - the organizer of tender) in case:

carrying out tender on right to contract about provision of the fishery site for implementation of industrial fishery concerning water biological resources of internal waters of the Russian Federation (except for internal sea waters of the Russian Federation and except for anadromous, katadromny and cross-border species of fish), and also for implementation of inshore fishing, except for anadromous, katadromny and cross-border species of fish;

carrying out tender on right to contract about provision of the fishery site for implementation of amateur and sports fishery concerning water biological resources of the internal waters of the Russian Federation which are in property of subjects of the Russian Federation and municipal property, except for anadromous, katadromny and cross-border species of fish;

carrying out tender on right to contract about provision of the fishery site for implementation of fishery for the purpose of ensuring maintaining traditional conduct of life and implementation of traditional economic activity of indigenous ethnic groups concerning water biological resources of internal waters of the Russian Federation, except for anadromous, katadromny and cross-border species of fish.

14. The organizer of tender has no right to demand from the applicant of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies and the organizations, except for receipts of the services included in the list of services which are federal executive bodies of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 33, Art. 4382; No. 49, Art. 6421, No. 52, Art. 7207; 2014, No. 21, Art. 2712; 2015, No. 50, Art. 7165, Art. 7189; 2016, No. 31, Art. 5031; No. 37, Art. 5495; 2017, No. 8, Art. 1257).

Description of result of provision of the state service

15. Provisions of the state service are result preparation and the conclusion of the agreement on provision of the fishery site or refusal in the conclusion of such agreement.

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service

16. The notice on carrying out tender (further - the notice) is posted by the organizer of tender on the official site of the Russian Federation in Internet network for placement of information on tendering of www.torgi.gov.ru (further - the official site of the biddings) in time at least in 30 days prior to holding procedure of opening of envelopes with requests and opening of access to requests.

17. The term of consideration of requests cannot exceed 20 working days from signature date of the protocol of opening of envelopes with requests and opening of access to requests.

18. The term of assessment and comparison of requests cannot exceed 10 working days from signature date of the protocol of consideration of requests.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service

19. Provision of the state service is performed according to the following regulatory legal acts:

The Federal Law of December 20, 2004 No. 166-FZ "About fishery and preserving water biological resources" (The Russian Federation Code, 2004, No. 52, Art. 5270; 2006, No. 1, Art. 10; No. 23, Art. 2380; No. 52, Art. 5498; 2007, No. 1, Art. 23; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 49, Art. 5748; 2011, No. 1, Art. 32; No. 30, Art. 4590; No. 48, Art. 6728, Art. 6732; No. 50, Art. 7343, Art. 7351; 2013, No. 27, Art. 3440, No. 52, Art. 6961; 2014, No. 11, Art. 1098, No. 26, Art. 3387; No. 45, Art. 6153; No. 52, Art. 7556; 2015, No. 1, Art. 72; No. 18, Art. 2623; No. 27, Art. 3999; 2016, No. 27, Art. 4282);

The Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, No. 31, Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601, Art. 3610, Art. 3618; No. 52, Art. 6450, Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873; Art. 3880; No. 29, Art. 4291; No. 30, Art. 4590; No. 48, Art. 6728, No. 50, Art. 7343; 2012, No. 31, Art. 4334, No. 53, Art. 7643; 2013, No. 27, Art. 3436, Art. 3477; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52, Art. 6961, Art. 6988; 2014; No. 23, Art. 2928; No. 30, Art. 4266; 2015, No. 27, Art. 3947, No. 29, Art. 4339, Art. 4342, Art. 4350, Art. 4376; No. 41, Art. 5629; 2016, No. 27, Art. 4197; 2017, No. 31, Art. 4828);

The Federal Law of July 27, 2006 No. 152-FZ "About personal data" (The Russian Federation Code, 2006, No. 31, Art. 3451; 2009, No. 48, Art. 5716; No. 52, Art. 6439; 2010, No. 27, Art. 3407; No. 31, Art. 4137, Art. 4196; No. 49, Art. 6409; No. 52, Art. 6974; 2011, No. 23, Art. 3263; No. 31, Art. 4701; 2013, No. 14, Art. 1651; No. 30, Art. 4038; No. 51, Art. 6683; 2014, No. 23, Art. 2927; No. 30, Art. 4217, Art. 4243; 2016, No. 27, Art. 4164; 2017, No. 9, Art. 1276; No. 27, Art. 3945; No. 31, Art. 4772);

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