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. Ceased to be valid according to the Order of the Government of the Russian Federation of 15.11.2022 No. 2066

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), control of the foreign investor or group of persons which 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 provision to the user enters, being under control of the foreign investor or group of persons which the foreign investor, the rights to production (catch) of water bioresources 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 7 of part 2 of article 13 of the Federal law "About Fishery and Preserving Water Biological Resources" enters (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 also sends the copy of the conclusion with use of system of interdepartmental electronic document management or in the document form on paper to Federal Agency for Fishery, its territorial authorities and executive bodies of the subject of the Russian Federation which according to their powers sign with the specified user the agreements provided by Articles 33. 1, 33.3, 33. 4, 33.7 or 33.8 Federal Laws "About Fishery and Preserving Water Biological Resources" (further - the agreement), and (or) decisions on provision of water bioresources in the use, the stipulated in Article 33.2 Federal Laws "About Fishery and Preserving Water Biological Resources" (further - the decision on provision of water bioresources in use) involving provision to such user of the right to production (catch) of water bioresources are made.

3(1). Federal Antimonopoly Service informs with use of system of interdepartmental electronic document management or e-mail Federal Agency for Fishery, its territorial authorities and executive bodies of the subject of the Russian Federation which according to their powers sign agreements and (or) the decisions on provision of water bioresources in use involving provision of the right to production (catch) of water bioresources to the user concerning whom Federal Antimonopoly Service takes out the conclusion, about the introduction in legal force of court resolution about recognition invalid the conclusions or about refusal in recognition its invalid or that the conclusion was not appealed judicially at the scheduled time, within 5 working days after day of entry into force of the corresponding court resolution or the expiration of fixed term of appeal of the conclusion judicially are made.

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 in time no later than 10 days from the date of receipt from Federal Antimonopoly Service according to the procedure, stipulated in Item 3(1) these rules, or from the user concerning whom Federal Antimonopoly Service takes out the conclusion, by means of the mailing or with use of e-mail of information on the introduction in legal force of court resolution about refusal in recognition invalid the conclusions or that the conclusion was not appealed judicially at the scheduled time.

In the specified 10-day time the Federal Agency for Fishery, territorial authority of Federal Agency for Fishery or executive body of the subject of the Russian Federation within their powers make decisions on cancellation of the decisions on provision of water bioresources made by them in use based on which there was right to production (catch) of water bioresources at the user concerning whom Federal Antimonopoly Service takes out the conclusion, and also send to such user the registered mail with the assurance of receipt the notification on termination unilaterally of the agreement signed with it.

The agreement is considered by the user of the notification on agreement cancelation terminated unilaterally from the date of receipt.

Day of receipt by the user of the notification on agreement cancelation day of obtaining by Federal Agency for Fishery, territorial authorities of Federal Agency for Fishery or executive bodies of the subject of the Russian Federation of confirmation about delivery to the user of the registered mail provided by the paragraph the second this Item or day of receipt of information on absence of the user on the address specified in the agreement, information on return of such letter after storage duration by them is considered.

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