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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 23, 2019 No. 1139

About implementation of the pilot project on implementation of holding auctions for sale of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) by the electronic biddings

(as amended on 09-12-2021)

For the purpose of implementation of innovative methods of public administration in the field of fishery and fish industry, the transparent mechanism of sale at auctions of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) the Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of environment protection and natural resources on realization from January 1, 2020 to December 31, 2021 by the State agency of fishery of the pilot project on implementation of holding auctions for sale of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) by the electronic biddings (further - auction).

2. Approve such which are applied:

Temporary procedure for implementation of the pilot project on implementation of holding auctions for sale of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) by the electronic biddings;

The standard agreement on the right of special use of water bioresources in fishery water objects (their parts) which consists by results of holding auctions for sale of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) by the electronic biddings.

3. Determine that:

the agreements on the right of special use of water bioresources in fishery water objects (their parts) signed by results of holding auctions are effective from the date of their conclusion till December 31, 2021;

subjects of fishery which acquired the right of special use of water bioresources in fishery water objects (their parts) by results of auctions get permissions to special use of water bioresources in fishery water objects (their parts) and bring payment for special use of water bioresources according to the procedure, established by the legislation.

4. Bring in resolutions of the Cabinet of Ministers of Ukraine of October 30, 2013 No. 801 "About approval of the Approval procedure on special use of water bioresources in fishery water objects (their parts) or refusal in its issue, renewals, issues of the duplicate and cancellation of the specified permission" (The Official Bulletin of Ukraine, 2013, No. 87, Art. 3214; 2016, No. 4, the Art. 239) and of November 25, 2015 No. 992 "About approval of the Procedure of special use of water bioresources in internal fishery water objects (their parts), internal sea waters, the territorial sea, exclusive (sea) economic zone and on the continental shelf of Ukraine" (The Official Bulletin of Ukraine, 2015, No. 97, the Art. 3321) changes which are applied.

5. To submit to the state agency of fishery by results of implementation of the pilot project on implementation of holding auctions till September 1, 2021 proposals concerning feasibility of further holding auctions.

Prime Minister of Ukraine

A. Goncharuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 23, 2019 , No. 1139

Temporary procedure for implementation of the pilot project on implementation of holding auctions for sale of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) by the electronic biddings

General part

1. This Procedure determines the mechanism of implementation of the pilot project by implementation of the procedure of sale at auction, by carrying out the electronic biddings of the right to the conclusion of agreements on the right of special use of water bioresources in fishery water objects (their parts) concluded for realization from reserve of limits and forecasts of admissible catch unallotted on separate quotas, quotas or forecasts of admissible catch released as a result of the termination of the right of users to special use of water bioresources (further - agreements).

2. In this Procedure terms are used in such value:

the administrator of electronic trading system selling the right to the conclusion of agreements (further - the administrator) - the state company "PROZORRO.PRODAZHI" which according to non-paid the agreement signed with the organizer provides functioning of electronic trading system;

auction - method of alienation of lot on which the participant who during the electronic biddings in electronic trading system offered the highest sales price of lot becomes the winner;

the guarantee fee - method of ensuring the execution by the participant of obligations on participation in auction which is subject to introduction by the applicant for receipt of participant status by transfer (or additional accruals) funds for the bank account of the operator of an electronic trading platform;

the electronic trading system - the two-level information and telecommunication system consisting of the central database and electronic platforms which interact via the interface of programming of appendices which is provided in the form of code with open access and determines functionality of electronic trading system;

electronic platform - the hardware and software connected to electronic trading system functioning on the Internet and providing to applicants, participants and the organizer opportunity to use services of such system with automatic exchange of information concerning procedures of holding the auction;

the closed price offer - the amount of means which payment is declared by the participant before holding the auction and moves in personal account through the operator of an electronic trading platform in electronic trading system before the termination of deadline of adoption of auction participation applications;

the applicant - the subject of managing who has intention to participate in auction;

the commission - the consultative body formed by the organizer for representation to the organizer of offers on distribution of reserve of limits and forecasts of admissible catch, unallotted on separate quotas, quotas or forecasts of admissible catch released as a result of the termination of the right of users to special use of water bioresources and concerning forming of lot which part representatives Gosrybagentstva and his territorial authorities and under approval Minagropolitiki's representatives, public associations and associations, the regional state administrations, scientists are;

the minimum bid increment - the minimum allowance on which during the electronic biddings (or at stage of submission of the closed price offers) increase in the closed price offer / the price offer can be performed;

lot - the right to the conclusion of the agreement offered for auction;

the announcement of holding the auction (further - the announcement) - the data and information containing data on auction which are published in electronic trading system and on websites of operators;

the organizer of auction (further - the organizer) - Gosrybagentstvo;

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