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Ministry of Justice

Russian Federation

On May 11, 2016 No. 42077

ORDER OF THE MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

of April 7, 2016 No. 134

About approval of Administrative regulations on provision of subjects of the Russian Federation of the state service by executive bodies in the sphere of delegated powers of the Russian Federation according to the conclusion with legal entities and individual entrepreneurs of agreements of use of water biological resources which general admissible catch is not established

According to Item 6 of 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 (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, to No. 5, of the Art. 506), I order:

Approve the enclosed Administrative regulations of executive bodies of subjects of the Russian Federation on provision of the state service in the sphere of delegated powers of the Russian Federation in the conclusion with legal entities and individual entrepreneurs of agreements of use of water biological resources which general admissible catch is not established.

Minister

A. N. Tkachyov

Approved by the Order of the Ministry of Agriculture of the Russian Federation of April 7, 2016, No. 134

Administrative regulations on provision of subjects of the Russian Federation of the state service by executive bodies in the sphere of delegated powers of the Russian Federation according to the conclusion with legal entities and individual entrepreneurs of agreements of use of water biological resources which general admissible catch is not established

I. General provisions

Regulation subject

1. The administrative regulations in the sphere of delegated powers of the Russian Federation according to the conclusion with legal entities and individual entrepreneurs of agreements of use of water biological resources which general admissible catch is not established (further - Regulations) determine terms and the sequence of ministerial procedures (actions) of executive bodies of subjects of the Russian Federation for preparation and the conclusion of agreements of use of water biological resources which general admissible catch is not established, according to which legal entities and individual entrepreneurs are granted the right to production (catch) of water biological resources which general admissible catch is not established by provision of subjects of the Russian Federation of the state service by executive bodies.

The regulations are not applied to anadromous species of fish which regulation of production (catch) is performed according to article 29.1 of the Federal Law of December 20, 2004 No. 166-FZ "About fishery and preserving water biological resources" (The Russian Federation Code, 2004, No. 52, Art. 5270; 2006, No. 1, Art. 10; No. 23, Art. 2380; No. 52, Art. 5498; 2007, No. 1, Art. 23; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 49, Art. 5748; 2011, No. 1, Art. 32; No. 30, Art. 4590, No. 48, Art. 6728, Art. 6732, No. 50, Art. 7343, Art. 7351; 2013, No. 27, Art. 3440; No. 52, Art. 6961; 2014, No. 11, Art. 1098; No. 26, Art. 3387; No. 45, Art. 6153; No. 52, Art. 7556; 2015, No. 1, Art. 72; No. 18, Art. 2623; No. 27, Art. 3999).

2. Agreements of use of water biological resources which general admissible catch is not established consist executive bodies of subjects of the Russian Federation concerning water biological resources of internal waters of the Russian Federation (except for internal sea waters of the Russian Federation), except for katadromny and cross-border species of fish.

Circle of applicants

3. Applicants are the legal entities and individual entrepreneurs registered in the Russian Federation according to the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" (The Russian Federation Code, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565; No. 50, Art. 4855; No. 52, Art. 5037; 2005, No. 27, Art. 2722; 2007, No. 7, Art. 834; No. 30, Art. 3754; No. 49, Art. 6079; 2008, No. 18, Art. 1942; No. 30, Art. 3616; No. 44, Art. 4981; 2009, No. 1, Art. 19, Art. 20, Art. 23; No. 29, Art. 3642; No. 52, Art. 6428; 2010, No. 21, Art. 2526; No. 31, Art. 4196; No. 49, Art. 6409; No. 52, Art. 7002; 2011, No. 27, Art. 3880; No. 30, Art. 4576; No. 49, Art. 7061; 2012, No. 14, Art. 1553; No. 31, Art. 4322; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4084, No. 44, Art. 5633; No. 51, Art. 6699; No. 14, Art. 1551, No. 19, Art. 2312, No. 30, Art. 4242; 2015, No. 1, Art. 10, Art. 42, No. 13, Art. 1811, No. 27, Art. 4000, Art. 4001, No. 29, Art. 4363; 2016, No. 5, Art. 559).

The legal entities specified in paragraph one of this Item shall not be under control of the foreign investor, except for case if control of the foreign investor concerning such legal entities is established according to the procedure, No. 57-FZ provided by the Federal Law of April 29, 2008 "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32, No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153).

Requirements to procedure for informing on provision of the state service

4. Information on procedure for provision of the state service in the conclusion with legal entities and individual entrepreneurs of the agreement of use of water biological resources which general admissible catch is not established, placed in writing at information stands of executive bodies of subjects of the Russian Federation and also electronically on the official sites of executive bodies of subjects of the Russian Federation on the Internet and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" www.gosuslugi.ru, and also in case of the address of the applicant, is provided in case of personal acceptance, by phone or by mail (e-mail).

Phone of the hot line: 8-800-100-70-10.

The list of executive bodies of the subjects of the Russian Federation providing the state service in the sphere of delegated powers of the Russian Federation in the conclusion with legal entities and individual entrepreneurs of agreements of use of water biological resources which general admissible catch is not established containing their postal addresses, phone numbers of service desks, faxes, e-mail addresses and the official sites, working schedules is given in appendix No. 1 to Regulations.

5. The data concerning rendering the state service in the conclusion with legal entities and individual entrepreneurs of agreements of use of water bioresources which general admissible catch is not established (further - the agreement) are provided by means of:

- individual consultation on personal acceptance;

- individual consultation by mail (by e-mail);

- individual consultation by phone;

- public written consultation;

- public oral consultation.

In case of consultation officials of executive bodies of subjects of the Russian Federation shall, according to the arrived address, to provide information on the following questions:

about the list of the documents necessary for receipt of the state service in the conclusion of agreements, completeness (sufficiency) of the submitted (submitted) documents;

about time of receiving and delivery of documents;

about postal addresses, e-mail addresses, addresses of the official sites on the Internet, phone numbers of service desks, faxes, phones of "the hot line", and also the working schedule of executive bodies of subjects of the Russian Federation;

about procedure for appeal of actions or failure to act of officials of executive bodies of subjects of the Russian Federation during provision of the state service in the conclusion with legal entities and individual entrepreneurs of agreements.

6. In case of individual consultation on personal acceptance waiting time of the applicant shall not exceed 15 minutes.

Individual consultation of the applicant by officials of executive body of the subject of the Russian Federation shall not exceed 10 minutes.

7. In case of individual consultation by mail (by e-mail) the answer to the address of the applicant goes by mail to the applicant, in case of the address in writing, or by e-mail to the e-mail address of the applicant, in case of the address in electronic form, in time, not exceeding 30 days from registration date of the address.

8. In case of individual consultation by phone time of conversation shall not exceed 10 minutes.

Consultations of general nature (about the location, working schedules, required documents) can be provided with use of means of autoinforming. When autoinforming the round-the-clock provision of reference information is provided.

9. Public written consultation is performed by placement of information materials at information stands in places of provision of the state service in the conclusion with legal entities and individual entrepreneurs of the agreement, publication of information materials in mass media, including the publication on the official sites of executive body of subjects of the Russian Federation and in the federal state information system "Single Portal of the State and Municipal Services (Functions)".

10. Public oral consultation is performed by the authorized officer of executive body of the subject of the Russian Federation with attraction of financial resources of mass information.

11. Obligations of officials of executive bodies of subjects of the Russian Federation in case of the answer to the address of the applicant:

- in case of the oral address of the applicant (by phone or personally) the officials of executive bodies of subjects of the Russian Federation performing consultation shall give the answer independently. If the official of executive body of the subject of the Russian Federation whom the applicant addressed cannot answer question independently, then it shall suggest the applicant to address in writing or to fix another consultation time, convenient for it, or to readdress (to transfer) to other official of executive body of the subject of the Russian Federation, structural division or the organization, or to report telephone number according to which it is possible to obtain necessary information;

- the officials of executive body of subjects of the Russian Federation performing consultation (by phone or personally), shall correctly and show consideration for applicants. In case of the response to phone calls the official of executive body of the subject of the Russian Federation performing consultation shall tell surname, the name, middle name (the last - in the presence), post and the name of executive body of the subject of the Russian Federation. During the conversation it is necessary to pronounce words accurately, to avoid "parallel talk" with surrounding people and not to interrupt conversation because of receipt of call on other device. On the end of conversation the official of executive body of the subject of the Russian Federation performing consultation shall sum up briefly the results and list measures which should be accepted.

Answers to written addresses are given in simple, accurate and clear form in writing and shall contain:

answers to the questions posed;

position, surname and initials of person which signed the answer;

surname and initials of the contractor;

the name of executive body of the subject of the Russian Federation - the contractor;

phone number of the contractor.

The official of executive body of the subject of the Russian Federation has no right to perform the consultation of applicants which is beyond informing on standard procedures and conditions of provision of the state service in the conclusion with legal entities and individual entrepreneurs of the agreement, and influencing directly or indirectly individual decisions of applicants.

II. Standard of provision of the state service

Name of the state service

12. The state service in the conclusion with legal entities and individual entrepreneurs of agreements of use of water biological resources which general admissible catch is not established (further - the state service).

The name of the federal executive body providing the state service

13. The state service is provided by executive bodies of subjects of the Russian Federation (further - authorized bodies).

14. Authorized bodies 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 and the organizations, except for receipts of the services included in the list of services which are necessary and obligatory for provision of the state services, No. 352 approved by the resolution the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, of Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; No. 52, Art. 7207; 2014, No. 21, Art. 2712; 2015, No. 50, Art. 7165, Art. 7189).

Description of result of provision of the state service

15. The conclusion with legal entities and individual entrepreneurs of the agreement or refusal in the conclusion of the agreement is result of provision of the state service.

Term of provision of the state service

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