ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 15, 2014 No. 450

About approval of Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site

According to article 10 of the Federal law "About Aquaculture (Fish Breeding) and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site.

2. The realization of this resolution is enabled by Federal Agency for Fishery within the number of employees of central office and territorial authorities of Federal Agency for Fishery, and also budgetary appropriations provided to Federal Agency for Fishery in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

3. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

 

Approved by the Order of the Government of the Russian Federation of May 15, 2014 No. 450

Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site

I. General provisions

1. These rules establish procedure for the organization and tendering in the form of tender or auction on right to contract of use of the fish-breeding site of the legal entities, peasant farms and individual entrepreneurs registered in the Russian Federation according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" (further - the applicant), for implementation of aquaculture (fish breeding) (further respectively - the agreement, auction, tender, the biddings), including electronic auction.

The auction is held concerning the fish-breeding site including water object and (or) its part, the site of the continental shelf of the Russian Federation, the site of exclusive economic zone of the Russian Federation which borders are determined in accordance with the established procedure.

The auction is held concerning the specified fish-breeding site:

not earlier than before 6 months, but no later than agreement completion date;

no later than 3 months from the date of determination in accordance with the established procedure borders of the fish-breeding site, in case of not conclusion the non-commercial fish-breeding economy performing the aquaculture (fish breeding) relating to preserving water biological resources, agreements.

2. Subject of the biddings is the right to the conclusion of the agreement.

The biddings are open and are carried out both concerning one fish-breeding site, and concerning several fish-breeding sites, at the same time each of fish-breeding sites constitutes separate lot.

3. The organizer of the biddings are:

a) Federal Agency for Fishery - in case of tendering concerning the fish-breeding sites located on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation and also in case of holding the auction electronically;

b) territorial authorities of Federal Agency for Fishery - in case of tendering concerning the fish-breeding sites located on water objects and (or) their parts, except for fish-breeding sites, located on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation.

4. The decision on tendering is made by the public authority specified in Item 3 of these rules.

5. The auction is held in shape:

a) auction, including electronic auction, - on again formed fish-breeding site which borders are determined in accordance with the established procedure, except for the fish-breeding site located in the territory of the Republic of Crimea or Sevastopol or the municipality of the Republic of Crimea, adjacent to the territory, or Sevastopol in which borders cultivation and (or) content, cultivation of objects of aquaculture were performed that is supported by the documents issued by the state and other official organs of Ukraine, the state and other official organs of the Autonomous Republic of Crimea, the state and other official organs of Sevastopol before entry into force of the Federal constitutional Law "About Acceptance to the Russian Federation of the Republic of Crimea and Education as a part of the Russian Federation New Subjects — the Republic of Crimea and the Federal City of Sevastopol", and the fish-breeding site in which borders cultivation and (or) content, cultivation of objects of aquaculture before entry into force of the Federal Law "About Aquaculture (Fish Breeding) and about Modification of Separate Legal Acts of the Russian Federation" based on the license for water use granted for the purposes of agricultural industry and (or) fishery before enforcement of the Water code of the Russian Federation and the agreement of the use of water objects operating on the date of entry into force of the Federal Law "About Aquaculture (Fish Breeding) and about Modification of Separate Legal Acts of the Russian Federation" signed according to it were performed  and also in case of early agreement cancelation in cases and procedure which are established by the legislation of the Russian Federation;

b) tender - on other fish-breeding site, and also on again formed fish-breeding site located in the territory of the Republic of Crimea or Sevastopol or adjacent to the territory of the municipality of the Republic of Crimea or Sevastopol in which borders cultivation and (or) content, cultivation of objects of aquaculture were performed that is supported by the documents issued by the state and other official organs of Ukraine, the state and other official organs of the Autonomous Republic of Crimea, the state and other official organs of Sevastopol before entry into force of the Federal constitutional Law "About Acceptance to the Russian Federation of the Republic of Crimea and Education as a part of the Russian Federation New Subjects — the Republic of Crimea and the Federal City of Sevastopol" and on again formed fish-breeding site in which borders cultivation and (or) content were performed, cultivation of objects of aquaculture before entry into force of the Federal Law "About Aquaculture (Fish Breeding) and about Modification of Separate Legal Acts of the Russian Federation" based on the license for water use granted for the purposes of agricultural industry and (or) fishery before enforcement of the Water code of the Russian Federation, and the agreement of the use of water objects operating on the date of entry into force of the Federal Law "About aquaculture (fish breeding) and about modification of separate legal acts of the Russian Federation signed according to it.

6. When tendering it is not allowed:

a) creation of preferential conditions, including provision of access to confidential information, for participation of the individual or group of persons;

b) implementation by the organizer of the biddings of coordination of activities of bidders as a result of which restriction of the competition between participants or infringement of their interests takes or can take place;

c) violation of procedure for determination of the winner or winning bidders;

d) unreasonable restriction of access to participation in the biddings;

e) participation of the organizer of the biddings and (or) workers of the organizer of the biddings in the biddings.

7. The organizer of the biddings makes the decision on creation of the commission, determines procedure for its activities and approves its structure.

The structure of the commission formed by Federal Agency for Fishery joins representatives of Federal Agency for Fishery and on one representative from other interested federal executive bodies (in coordination).

The structure of the commission formed by territorial authorities of Federal Agency for Fishery joins representatives of territorial authorities of Federal Agency for Fishery and relevant organs of the government of subjects of the Russian Federation.

The commissions of the organizer of the biddings without the vote right are also included representatives of public associations (in coordination), associations of legal entities (associations and the unions) (in coordination) and citizens (in coordination).

8. The number of members of the commission shall make at least 5 people.

9. The physical persons who are personally interested in results of the biddings cannot be members of the commission including:

the persons who submitted applications about participation in the biddings or being on the staff of the organizations which submitted applications;

persons which are affiliates of the organizations which submitted applications about participation in the biddings including members (shareholders) of these organizations, members of their governing bodies and their creditors.

In case of identification as a part of the commission of specified persons the organizer of the biddings shall replace without delay them with other physical persons which are personally not interested in results of the biddings and on whom applicants are not capable to exert impact.

10. The basic principles of activities of the commission are:

a) equal conditions of participation in the biddings;

b) fair competition;

c) availability of information on tendering and ensuring openness of their carrying out.

11. The commission performs the following functions:

a) accepts, registers and considers requests about participation in the biddings;

b) makes the decision on the admission of the applicant to participation in the biddings;

c) makes the decision following the results of consideration of requests on participation in the biddings;

d) determines the winning bidder;

e) exercises control of observance of the procedure of tendering;

e) makes other actions connected with tendering.

12. The commission chairman (in case of its absence - his deputy) timely and properly notifies members of the commission on the place, date and time of carrying out commission session, holds commission sessions, makes decisions on points of order, sums up the results of the biddings.

Commission session is considered competent if at it there are more than 50 percent of total number of members of the commission.

13. Decisions of the commission are made by open voting by a simple majority vote of the members of the commission who are present at meeting. Each member of the commission has one voice.

During the vote members of the commission vote pro or contra the made decision.

Members of the commission participate in meetings personally and sign protocols of commission sessions.

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