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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 28, 2021 No. 2499

About procedure for holding the auction on right to use by the subsoil plot of federal importance, the subsoil plot of local value, and also the subsoil plot which is not carried to subsoil plots of federal or local importance

According to part one of article 13.1 of the Law of the Russian Federation "About subsoil" the Government of the Russian Federation decides:

1. Approve the enclosed Rules of holding the auction on right to use by the subsoil plot of federal importance, the subsoil plot of local value, and also the subsoil plot which is not carried to subsoil plots of federal or local importance, electronically.

2. The auction on right to use by the subsoil plot of federal importance, is held by the subsoil plot of local value, and also the subsoil plot which is not carried to subsoil plots of federal or local importance, the announcement of which carrying out on the date of entry into force of this resolution is posted on the official site of the Russian Federation on the Internet for placement of information on tendering, according to the legal acts regulating holding such auction on right to use by the specified subsoil plots operating on the date of placement of such announcement.

3. This resolution becomes effective since January 1, 2022.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of December 28, 2021 No. 2499

Rules of holding the auction on right to use by the subsoil plot of federal importance, the subsoil plot of local value, and also the subsoil plot which is not carried to subsoil plots of federal or local importance, electronically

I. General provisions

1. These rules establish procedure for holding the auction on right to use by the subsoil plot of federal importance, the subsoil plot of local value, and also the subsoil plot which is not carried to subsoil plots of federal or local importance, electronically (further - auction).

2. Subject of auction are:

right to use by the subsoil plot of federal importance for exploration and production of minerals or for geological studying of subsoil, exploration and production of the minerals performed according to the combined license, provided according to Item 2 parts one of article 10.1 of the Law of the Russian Federation "About subsoil";

right to use by the subsoil plot for exploration and production of minerals, for geological studying of subsoil, exploration and production of the minerals performed according to the combined license, or for development of technologies of geological studying, exploration and production of hardly removable minerals, except for subsoil plots of federal importance and subsoil plots of local value, provided according to Item 5 parts one of article 10.1 of the Law of the Russian Federation "About subsoil";

right to use by the subsoil plot of local value for exploration and production of minerals or for geological studying of subsoil, exploration and production of the minerals performed according to the combined license, provided according to Item 8 parts one of article 10.1 of the Law of the Russian Federation "About subsoil".

3. Subjects of business activity, including participants of particular partnership, foreign citizens and legal entities (further - applicants) have the right to submit auction participation applications if other is not established by the Federal Laws.

4. According to part four of article 13.1 of the Law of the Russian Federation "About subsoil" the Government of the Russian Federation has the right to establish features of procedure for holding the auction on right to use by the subsoil plot of federal importance, including for the benefit of ensuring defense of the country and safety of the state to establish on representation of the Ministry of Defence of the Russian Federation and (or) Federal Security Service of the Russian Federation of restriction of the admission to participation in such auctions of the legal entities created in accordance with the legislation of the Russian Federation with participation of foreign investors.

5. According to part five of article 13.1 of the Law of the Russian Federation "About subsoil" the Government of the Russian Federation for the purpose of implementation of the documents of strategic planning approved by public authorities of the Russian Federation, and also respect for social, economic, ecological and other interests of the population living in the corresponding territory, and all citizens of the Russian Federation has the right to establish special requirements to participants of auction on right to use by the subsoil plots specified in part one of article 13.1 of the Law of the Russian Federation "About subsoil".

6. According to part three of article 13.1 of the Law of the Russian Federation "About subsoil" decision making about holding the auction and about structure of the auction commission is performed by the following public authorities (further - authorized body):

a) The government of the Russian Federation - concerning subsoil plots of federal importance;

b) public authority of the subject of the Russian Federation - concerning subsoil plots of local value;

c) Federal Agency on Mineral Resources or its territorial authority - concerning subsoil plots, except for subsoil plots of federal importance and subsoil plots of local value.

7. Accomplishment of functions on the organization of holding the auction is performed by the following public authorities (further - the organizer of auction):

a) in case of holding the auction on right to use by the subsoil plot of federal importance - Federal Agency for Subsoil Management;

b) in case of holding the auction on right to use by the subsoil plot of local value - public authority of the subject of the Russian Federation;

c) in case of holding the auction on right to use by the subsoil plot which is not carried to subsoil plots of federal or local importance - Federal Agency for Subsoil Management or its territorial authority.

8. Powers of the organizer of auction to right to use by the subsoil plot of local value and the subsoil plot which is not carried to subsoil plots of federal or local importance can be transferred according to its decision to state governmental agency subordinated to it, except for the powers provided by subitems "b" and "g" of Item 15 of these rules.

9. Holding the auction is provided on electronic platform with the operator of an electronic trading platform from among the operators of an electronic trading platform functioning in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs.

Collection of payment for holding the auction from the winner of auction, the single applicant or single participant of auction which are granted right to use by the subsoil plot, according to the procedure, No. 564 established by the order of the Government of the Russian Federation of May 10, 2018 "About collection of electronic platforms by operators, operators of specialized electronic platforms of payment during the holding electronic procedure, the closed electronic procedure and establishment of its extreme sizes" is allowed.

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