It is registered
Ministry of Justice
Russian Federation
On October 3, 2014 No. 34242
of May 22, 2014 No. 225
About approval of Administrative regulations of Federal Agency for Water Resources on provision of the state service in provision of water objects in use based on the agreement of water use, including the prisoner by results of auction, on registration of transition of the rights and obligations under agreements of water use
According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, the Art. 6952, the Art. 6961, the Art. 7009), the 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 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (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, No. 5, the Art. 506), the Regulations on Federal Agency for Water Resources approved by the order of the Government of the Russian Federation of June 16, 2004 No. 282 (The Russian Federation Code, 2004, No. 25, Art. 2564; No. 32, Art. 3348; 2006, No. 24, Art. 2607; No. 52, Art. 5598; 2008, No. 22, Art. 2581; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 6, Art. 738; No. 33, Art. 4081; 2010, No. 26, Art. 3350; 2011, No. 14, Art. 1935, Art. 1942; 2013, No. 45, Art. 5822; 2014, No. 10, the Art. 1050), and the order of the Government of the Russian Federation of April 6, 2004 No. 169 "Questions of Federal Agency for Water Resources" (The Russian Federation Code, 2004, No. 15, Art. 1461; 2005, No. 32, Art. 3328; 2009, No. 18, Art. 2248; 2011, 6, of the Art. 888) I order to No.:
1. Approve the enclosed Administrative regulations of Federal Agency for Water Resources on provision of the state service in provision of water objects in use based on the agreement of water use, including the prisoner by results of auction, on registration of transition of the rights and obligations under agreements of water use.
2. To provide to Federal Agency for Water Resources (Seliverstov) execution of Administrative regulations of Federal Agency for Water Resources on provision of the state service in provision of water objects in use based on the agreement of water use, including the prisoner by results of auction, on registration of transition of the rights and obligations under agreements of water use.
3. Declare invalid the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of December 26, 2008 No. 347 "About approval of Administrative regulations of Federal Agency for Water Resources on implementation of the state function on right to use provision by water objects based on the agreement of water use" (registration No. 13670) is registered in the Ministry of Justice of the Russian Federation on April 3, 2009.
4. To impose control of execution of this order on the deputy minister S. R. Levi.
Acting minister
D.G.Khramov
Approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of May 22, 2014, No. 225
1. The administrative regulations of Federal Agency for Water Resources on provision of the state service in provision of water objects in use based on the agreement of water use, including the prisoner by results of auction, on registration of transition of the rights and obligations by agreements of water use (further - Regulations) determine terms and the sequence of ministerial procedures (actions) by preparation and the conclusion of the agreement of water use, including the prisoner by results of auction, by registration of transition of the rights and obligations under agreements of water use by Federal Agency for Water Resources and its territorial authorities (further - authorized body), concerning reservoirs which are completely located in the territories of appropriate subjects of the Russian Federation and which use of water resources is performed for ensuring drinking and economic and household water supply of two and more subjects of the Russian Federation, which list is approved by the order of the Government of the Russian Federation of December 31, 2008 No. 2054-r (The Russian Federation Code, 2009, No. 2, the Art. 335), and also the seas or their separate parts (further - the state service) for:
1) fence (withdrawal) of water resources from superficial water objects;
2) uses of the water area of water objects, including for the recreational purposes;
3) uses of water objects without fence (withdrawal) of water resources for the purposes of production of electrical energy.
2. Applicants on provision of the state service are physical persons, legal entities and individual entrepreneurs (further - the applicant).
3. Information on the location, the working schedule, telephone numbers for enquiries, addresses of the official sites, e-mail addresses of authorized bodies are given in appendix 1 to these Regulations. Schedules of acceptance of visitors of authorized bodies are placed at information stands and the websites (in the presence) of authorized bodies.
4. In premises of authorized bodies information stands shall be placed.
At information stands the following information is placed:
the regulatory legal acts containing the regulations regulating the legal relationship arising in connection with provision of the state service;
the text of Regulations with appendices;
description of resulting effect of provision of the state service;
exhaustive information on procedure for provision of the state service (in text and/or graphical, schematic type) with reference to these Regulations;
list of the documents necessary for provision of the state service;
the address of the official site on the Internet (in the presence), the e-mail address of authorized body;
telephone numbers for enquiries, the general telephone number for enquiries (including phone number - answerphone) authorized body;
information on location, postal address and phones of staff of the relevant structural divisions of authorized body;
working schedule of staff of the relevant structural divisions;
procedure for receipt of information on provision of the state service.
5. Informing on provision of the state service is performed:
by means of placement of information at the information stands located directly in authorized body;
with use of means of telephone and electronic communication;
with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" www.gosuslugi.ru;
by means of placement of information in information and telecommunication networks public, including on the official site of authorized body on the Internet.
6. By provision of information on written addresses the answer to the address goes by mail to the applicant in time, not exceeding 30 days from the moment of receipt of the written address.
7. The head (deputy manager) of authorized body determines the contractor for preparation of the answer by each specific written address.
8. Personal reception of citizens on provision of the state service is performed by the head of authorized body in reception hours of applicants.
9. When implementing consultation by phone officials of authorized body shall provide information on the following questions:
about the entering numbers at which the applicant's materials are registered in system of clerical work;
about the made decision according to the statement;
about the regulatory legal acts regulating questions of provision of the state service (the name, number, acceptance date of regulatory legal act);
about the list of the documents necessary for provision of the state service;
about requirements to assurance of the documents necessary for provision of the state service;
about the location on the official site of authorized body of reference materials for receipt of the state service.
10. Other questions are considered only based on the corresponding written address.
11. The official advising by phone after removal of the receiver shall call the name of authorized body, the position, surname, name and middle name (in the presence).
12. During consultation all provisions reported or explained to the applicant shall be followed by references to regulatory legal acts.
Consultation time by phone shall not exceed 10 minutes. In case of impossibility of the official performing consultation by phone to provide information specified in Item 9 of Regulations, the specified official can suggest the applicant to apply for necessary information in the form of written consultation.
13. Information on procedure for provision of the state service is placed in the federal state information system "Single Portal of the State and Municipal Services (Functions)".
14. The state service in provision of water objects in use based on the agreement of water use, including the prisoner by results of auction, on registration of transition of the rights and obligations under agreements of water use.
15. Provision of the state service is performed by Federal Agency for Water Resources and its territorial authorities. Names of territorial authorities of Federal Agency for Water Resources are given in appendix No. 1 to Regulations.
16. By provision of the state service the Federal Agency for Water Resources and its territorial authorities have 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, local government bodies and the organizations.
17. Preparation and the conclusion by authorized body of the agreement of water use which goes for registration in the state water register, motivated refusal in provision of water object in use, registration of transition of the rights and obligations under agreements of water use or refusal in registration of transition of the rights and obligations under the agreement of water use is result of provision of the state service.
18. In case of filing of application about provision of water object in use for fence (withdrawal) of water resources from superficial water objects, use of water objects without (fence) of withdrawal of water resources for production of electrical energy the authorized body in time which is not exceeding 60 days from receipt date of documents draws up the agreement of water use in 2 copies and after signing of the specified agreement by the authorized officer represents it to the applicant for the signature directly or directs the letter with the assurance of receipt.
19. In case of filing of application about provision of water object in use for use of the water area of water objects, including for the recreational purposes (except as specified when the agreement of water use provides marking of borders of the water area of water object, placement on it of buildings, structures, swimming means, other objects and constructions, and also the cases providing other arrangement of the water area of water object according to the water legislation and the legislation on town-planning activities), after consideration of necessary documents on provision in use of the water area of water object in case of positive assessment of possibility of its use for stated purpose the authorized body in time which is not exceeding 60 days from receipt date of documents posts on the official site of authorized body on the Internet or publishes in the official printing periodical the message on documents acceptance from other applicants for provision in use of the water area of water object specified by the applicant in the documents submitted by it and also about stated purpose of its use, the location, the name of water object and its characteristics.
Documents from other applicants for provision of this water area of water object for the specified purpose can be submitted within 30-day term from the date of placement on the official site in the Internet or publications in the official printing periodical of the message on documents acceptance from other applicants.
If documents from other applicants did not arrive, the authorized body within 5 days from end date of submission due date of documents draws up the contract of water use with the applicant.
20. In case of filing of application about provision of the water area of water object in use for use of the water area of water object, including for the recreational purposes, in cases when the agreement of water use provides marking of borders of the water area of water object, placement on it of buildings, structures, swimming means, other objects and constructions, and also the cases providing other arrangement of the water area of water object according to the water legislation and the legislation on town-planning activities if in case of consideration of the application it is determined that the agreement of water use shall be signed by results of auction, the authorized body begins preparation for holding the auction what informs the applicant within 15 days from receipt date of its statement on.
The authorized body will organize preparation and placement of the notice and documentation on the official site of the Russian Federation on the information and telecommunication Internet for placement of information on tendering to the address www.torgi.gov.ru (further - the official site) no later than 60 days prior to holding the auction. Information on holding the auction posted on the official site shall be available to acquaintance without collection of payment.
The auction shall be held by authorized body within 90 days from the date of informing the applicant on need of the conclusion of the agreement of water use by results of auction.
After holding the auction within 3 working days from signature date of the protocol of auction the authorized body transfers to the winner of auction 1 copy of this protocol and the agreement of water use for its signing.
The winner of auction within 10 working days from signature date of the protocol of auction represents to authorized body the agreement of water use signed by it, and also the document confirming payment by the winner of auction of subject of auction within 10 working days following date of completion of auction by money transfer in the amount of the final price of subject of auction of the account specified by authorized body taking into account the made deposit.
If the auction is acknowledged cancelled because of participation in auction only of 1 participant, the organizer of auction within 3 working days from acceptance date gives by the commission on holding the auction of the decision following the results of consideration of auction participation applications or signing of the protocol of auction to this participant of auction 1 copy of the protocol of consideration of requests or the protocol of auction and the agreement of water use for its signing.
In case of receipt go to the participant of auction with use of the specified system to executive body of the government of the request directed with use of information system, the protocol of consideration of requests or the protocol of auction and the agreement of water use. In this case the protocol of consideration of requests or the protocol of auction are signed by the digital signature of the authorized person of the organizer of auction in accordance with the legislation of the Russian Federation.
The specified participant of auction has the right to sign the agreement of water use within 10 working days from decision date of the commission on holding the auction. In the same time this participant of auction in case of agreement signature of water use lists money in the amount of starting price of subject of auction taking into account the deposited deposit to account, specified by the organizer of auction, and returns to the organizer of auction the signed contract of water use with appendix to it of the documents confirming transfer of the specified means. These documents can be sent to the organizer of auction in electronic form with use of information system. In this case the agreement of water use is signed by the digital signature of the authorized person in accordance with the legislation of the Russian Federation.
The organizer of auction within 10 working days from receipt date of the specified documents shall sign the agreement of water use and direct it to state registration in the state water register.
The conclusion of the agreement of water use by results of auction is not allowed or if the auction is acknowledged cancelled, earlier than in ten days from the date of placement of information on results of auction on the official site on the Internet.
21. In case of recognition impossible uses of water object for stated purpose the authorized body directs to the applicant motivated refusal in provision of water object for stated purpose. The term of the direction of motivated refusal in provision of water object in use for stated purpose constitutes no more than 60 days from receipt date of the statement and the documents attached to it in authorized body.
22. Provision of the state service is performed according to:
1) Water code of the Russian Federation (Russian Federation Code, 2006, No. 23, Art. 2381; No. 50, Art. 5279; 2007, No. 26, Art. 3075; 2008, No. 29, Art. 3418; No. 30, Art. 3616; 2009, No. 30, Art. 3735; No. 52, Art. 6441; 2011, No. 1, Art. 32; No. 29, Art. 4281; No. 30, Art. 4590, Art. 4594, Art. 4596, Art. 4605, No. 48, Art. 6732, No. 50, Art. 7343, Art. 7359; 2012, No. 26, Art. 3446, No. 31, Art. 4322; 2013, No. 19, Art. 2314; No. 27, Art. 3440, No. 43, Art. 5452; No. 52, Art. 6961);
2) Civil code of the Russian Federation (Russian Federation Code, 1994, No. 32, Art. 3301; 1996, No. 9, Art. 773; No. 34, Art. 4026; 1999, No. 28, Art. 3471; 2001, No. 17, Art. 1644; No. 21, Art. 2063; 2002, No. 12, Art. 1093, No. 48, Art. 4746; No. 48, Art. 4737; 2003, No. 2, Art. 167; No. 52, Art. 5034; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18; No. 1, Art. 39; No. 1, Art. 43; No. 27, Art. 2722; No. 30, Art. 3120; 2006, No. 2, Art. 171; No. 3, Art. 282; No. 23, Art. 2380, No. 27, Art. 2881; No. 31, Art. 3437; No. 45, Art. 4627; No. 50, Art. 5279; No. 52, Art. 5497; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 7, Art. 834; No. 27, Art. 3213; No. 31, Art. 3993; No. 41, Art. 4845; No. 49, Art. 6079; 2007, No. 50, Art. 6246; 2008, No. 17, Art. 1756; No. 20, Art. 2253; 2008, No. 29, Art. 3418; No. 30, Art. 3616, No. 45, Art. 5147, No. 52, Art. 6235; 2009, No. 1, Art. 14, Art. 16, Art. 19, Art. 20, Art. 23, No. 7, Art. 775, No. 15, Art. 1778, No. 26, Art. 3130, No. 29, Art. 3582, No. 52, Art. 6428; No. 48, Art. 6727; No. 50, Art. 7360, Art. 7359; No. 51, Art. 7447; 2010, No. 19, Art. 2291; No. 31, Art. 4163; 2011, No. 7, Art. 901; No. 15, Art. 2038; No. 49, Art. 7041, No. 50, Art. 7335; 2012, No. 50, Art. 7347, Art. 6954, Art. 6963; No. 53, Art. 7607, Art. 7627; 2013, No. 7, Art. 609; 2013, No. 44, Art. 5641);
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The document ceased to be valid since April 12, 2022 according to the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of February 21, 2022 No. 119