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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 3, 2016 No. 502

About approval of Rules of the forced termination of the right to production (catch) of water biological resources in the cases specified in Items 6 and 7 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources", and on modification of Rules of registration, issue, registration, suspension of action and cancellation of permissions to production (catch) of water biological resources and also introduction of changes in them

The government of the Russian Federation decides:

1. Approve the enclosed Rules of the forced termination of the right to production (catch) of water biological resources in the cases specified in Items 6 and 7 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources".

2. Bring in Item 31 of Rules of registration, issue, registration, suspension of action and cancellation of permissions to production (catch) of water biological resources, and also introduction of changes in them approved by the order of the Government of the Russian Federation of October 22, 2008 No. 775 "About registration, issue, registration, suspension of action and cancellation of permissions to production (catch) of water biological resources and also about introduction of changes in them" (The Russian Federation Code, 2008, No. 43, Art. 4953; 2010, No. 2, Art. 198; 2011, No. 49, Art. 7288; 2012, No. 44, Art. 6026; 2014, No. 10, Art. 1035; 2015, No. 36, Art. 5049), following changes:

a) word in paragraph one "Items 1, 6 and 7" shall be replaced with words "Item 1";

b) in the paragraph the second "Items 2 - 5" shall be replaced with words words "Items 2 - 7".

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of June 3, 2016 No. 502

Rules of the forced termination of the right to production (catch) of water biological resources in the cases specified in Items 6 and 7 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources"

1. These rules establish procedure for the forced termination of the right to production (catch) of water biological resources (further - water bioresources) in the cases specified in Items 6 and 7 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources" (further - the forced termination of the right to production).

2. The basis for the forced termination of the right to production is the conclusion of Federal Antimonopoly Service about identification of the fact of establishment over the legal entity registered in the Russian Federation according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" at which the right to production (catch) of water bioresources is had (further - the user), of control of the foreign investor with violation of requirements of the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" in the case specified in Item 6 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources" or the conclusion of Federal Antimonopoly Service about identification of the fact of finding of the user under control of the foreign investor before receipt by the user of the right to production (catch) of water bioresources in the case specified in Item 7 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources" (further - the conclusion).

3. Federal Antimonopoly Service within 3 working days from the date of signing of the conclusion sends the copy of the conclusion certified in accordance with the established procedure to the user concerning whom the fact specified in the conclusion by the registered mail with the assurance of receipt is elicited or hands it to the user under list and after 3 months from the date of receipt of the conclusion by the user of the copy, except for case of appeal of the conclusion judicially, sends the conclusion to Federal Agency for Fishery.

In case of appeal of the conclusion judicially the conclusion goes Federal Antimonopoly Service to Federal Agency for Fishery within 5 working days from the date of the introduction in legal force of court resolution about refusal in recognition invalid the conclusions.

4. The forced termination of the right to production is performed by Federal Agency for Fishery, territorial authority of Federal Agency for Fishery or executive body of the subject of the Russian Federation within their powers by the agreement cancelation, the stipulated in Article 33.1, 33.3 or 33.4 Federal Laws "About Fishery and Preserving Water Biological Resources" concluded with the user concerning whom the conclusion arrived (further - the agreement) and (or) cancellation of the decision on provision of water bioresources in use, the stipulated in Article 33.2 Federal Laws "About Fishery and Preserving Water Biological Resources" accepted concerning the user concerning whom the conclusion arrived (further - the decision on provision of water bioresources in use).

5. Federal Agency for Fishery:

a) within 10 working days from the date of receipt according to Item 3 of these rules of the conclusion:

performs collection and generalization of information from the state fishery register about available for the user concerning whom the conclusion, the rights to production (catch) of water bioresources based on the agreement and (or) the decision on provision of water bioresources in use arrived;

cancels the permission to production (catch) of water bioresources issued to the user concerning whom the conclusion arrived (further - permission) according to the Rules of registration, issue, registration, suspension of action and cancellation of permissions to production (catch) of water biological resources, and also introduction of changes in them approved by the order of the Government of the Russian Federation of October 22, 2008 No. 775 "About registration, issue, registration, suspension of action and cancellation of permissions to production (catch) of water biological resources and also about introduction of changes in them" if permission is issued by Federal Agency for Fishery;

sends the order about cancellation of permission to territorial authority of Federal Agency for Fishery if permission is issued by territorial authority of Federal Agency for Fishery;

sends to the user concerning whom the conclusion arrived if the agreement is signed by Federal Agency for Fishery, the requirement of forced agreement cancelation (further - the requirement) with appendix to it of the agreement on early agreement cancelation (further - the agreement) signed by the authorized officer of Federal Agency for Fishery;

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