FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 3, 2006 No. 73-FZ

About enforcement of the Water code of the Russian Federation

Accepted by the State Duma of the Russian Federation on April 12, 2006

Approved by Council of the Russian Federation on May 26, 2006

Article 1

Enact the Water code of the Russian Federation since January 1, 2007.

Article 2

The water code of the Russian Federation is applied to the relations which arose after its introduction in action.

Article 3

From the date of enforcement of the Water code of the Russian Federation to recognize invalid:

1) Water code of the Russian Federation (Russian Federation Code, 1995, No. 47, Art. 4471);

2) article 12 of the Federal Law of June 30, 2003 No. 86-FZ "About modification and amendments in some legal acts of the Russian Federation, recognition voided separate legal acts of the Russian Federation, provision of separate guarantees to the staff of law-enforcement bodies, drug trafficking monitoring bodies and psychotropic substances and the abolished federal bodies of tax police in connection with implementation of measures for enhancement of public administration" (The Russian Federation Code, 2003, No. 27, the Art. 2700);

3) article 59 of the Federal Law of August 22, 2004 No. 122-FZ "About modification of legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Laws "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and "About the General Principles of the Organization of Local Self-government in the Russian Federation" (The Russian Federation Code, 2004, No. 35, the Art. 3607);

4) Item 12 of article 17 of the Federal Law of December 29, 2004 No. 199-FZ "About modification of legal acts of the Russian Federation in connection with expansion of powers of public authorities of subjects of the Russian Federation in objects of joint maintaining the Russian Federation and subjects of the Russian Federation, and also with extension of the list of questions of local value of municipalities" (The Russian Federation Code, 2005, No. 1, the Art. 25);

5) article 6 of the Federal Law of May 9, 2005 No. 45-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences and other legal acts of the Russian Federation, and also about recognition voided some provisions of legal acts of the Russian Federation" (The Russian Federation Code, 2005, No. 19, the Art. 1752);

6) Article 9 and the paragraph of the eighth of the subitem "b" of Item 6 of article 23 of the Federal Law of December 31, 2005 No. 199-FZ "About modification of separate legal acts of the Russian Federation in connection with enhancement of differentiation of powers" (The Russian Federation Code, 2006, No. 1, the Art. 10).

Article 4

From the date of enforcement of the Water code of the Russian Federation the legal acts of USSR containing the regulations governing the water relations are recognized not acting in the territory of the Russian Federation.

Article 5

1. The water users performing use of water objects based on decisions of the Government of the Russian Federation or decisions of executive bodies of subjects of the Russian Federation or licenses for water use and agreements of use of water objects according to accepted, issued and concluded before enforcement of the Water code of the Russian Federation, keep the rights of long-term or short-term use by water objects based on licenses for water use and agreements of use of water objects before expiration of such licenses and agreements except for of the case established by part 5 of this Article.

2. The water users specified regarding 1 this Article according to the Water code of the Russian Federation have the right to sign agreements of water use or to file petitions for provision of water objects in use based on decisions on provision of water objects in use. At the same time conditions and terms of use of water objects can be changed only at the initiative of water users. Agreements of water use or the decision on provision of water objects in use consist or accepted according to the Water code of the Russian Federation.

3. Action of decisions of the Government of the Russian Federation or decisions of executive bodies of subjects of the Russian Federation or licenses for water use and agreements of use of water objects, according to accepted, issued and concluded before enforcement of the Water code of the Russian Federation, stops from the moment of emergence of right to use by water objects based on agreements of water use or decisions on provision of water objects in use, or after effective period of licenses for water use and agreements of use of water objects, or in case of the right to use termination by water objects on the bases and according to the procedure which are stipulated in Clause 10 Water codes of the Russian Federation.

4. The water users specified regarding 1 this Article and who were properly satisfying conditions of licenses for water use and agreements of use of water objects before expiration of such licenses and agreements have the right to water object, preferential before other persons, in use based on the decision on provision of water object in use or to the conclusion of agreements of water use according to article 15 of the Water code of the Russian Federation, except as specified, if the conclusion of agreements of water use be performed by results of auction.

5. In subjects of the Russian Federation - the federal cities of Moscow and St. Petersburg action of licenses for water use and agreements of use of water objects, according to issued and concluded before enforcement of the Water code of the Russian Federation, stops since January 1, 2015.

6. Action of decisions on provision of swamps in use for the purposes of exploration and production of the minerals made about day of entry into force of Item 2.2 of part 4 of article 11 of the Water code of the Russian Federation stops.

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