ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 11, 2016 No. 440

About approval of the Regulations on procedure for carrying out tender on provision to legal entities of the right of conducting okhotkhozyaystvenny activities on certain hunting grounds of the Kyrgyz Republic

For the purpose of increase in efficiency of conducting okhotkhozyaystvenny activities on certain hunting grounds of the Kyrgyz Republic, according to article 11 of the Law of the Kyrgyz Republic "About hunting and hunting economy", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for carrying out tender on provision to legal entities of the right of conducting okhotkhozyaystvenny activities on certain hunting grounds of the Kyrgyz Republic, according to appendix.

2. To the state agency of environmental protection and forestry under the Government of the Kyrgyz Republic to take the measures following from this resolution.

3. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for provision of hunting grounds in use for maintaining hunting economy in the territory of the Kyrgyz Republic" of December 16, 2013 No. 673.

4. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

Regulations on procedure for carrying out tender on provision to legal entities of the right of conducting okhotkhozyaystvenny activities on certain hunting grounds of the Kyrgyz Republic

1. Basic provisions

1. The regulations on procedure for carrying out tender on provision to legal entities of the right of conducting okhotkhozyaystvenny activities on certain hunting grounds of the Kyrgyz Republic (further - the Provision) establish procedure for carrying out tender, standard form of the Agreement on conducting okhotkhozyaystvenny activities and procedure for its conclusion and termination, cost recovery of authorized state body in the field of hunting and hunting economy on carrying out tender.

2. The right of conducting okhotkhozyaystvenny activities on certain hunting grounds of the Kyrgyz Republic is granted to legal entities (okhotpolzovatel) on competitive basis.

3. Hunting grounds of the Kyrgyz Republic are subdivided on:

1) hunting grounds on which the right of conducting okhotkhozyaystvenny activities is in accordance with the established procedure granted to someone;

2) hunting grounds on which the right of conducting okhotkhozyaystvenny activities (free hunting grounds) is not granted to someone.

4. The authorized state body in the field of hunting and hunting economy of the Kyrgyz Republic with involvement of specialists of the specialized okhotustroitelny organizations and National academy of Sciences of the Kyrgyz Republic determines (in the course of intereconomic okhotustroystvo) borders and the areas of sites of the hunting grounds intended for maintaining on them legal entities of okhotkhozyaystvenny activities (the organization of hunting farms).

2. Creation, structure and competence of the commission on provision to legal entities of the right of conducting okhotkhozyaystvenny activities on certain hunting grounds

5. The authorized state body in the field of hunting and hunting economy of the Kyrgyz Republic performs coordination of carrying out tender on provision to legal entities of the right of conducting okhotkhozyaystvenny activities (further - tender).

6. The authorized state body in the field of hunting and hunting economy of the Kyrgyz Republic is the organizer of tender (further - the Organizer of tender), the relevant order creates special tender committee (further - the Commission), ensures its functioning, the organization and carrying out tenders.

7. The commission is created in quantity at least 7, but no more than 11 people.

8. About one representative enters into structure of the Commission acting on the permanent basis with voting power from:

- Organizer of tender (commission chairman);

- the special representative of state body in the field of protection, reproduction and rational use of natural resources (further - authorized body);

- the authorized state body of the executive authority exercising the state control and supervision concerning ecological and technical safety;

- Public institution of Kyrgyzlesookhotustroystvo;

- National academy of Sciences of the Kyrgyz Republic;

- associations of okhotpolzovatel;

- environmental non-governmental organizations (further - NGO);

- the office of the plenipotentiary of the Government of the Kyrgyz Republic in area (on territoriality of finding of the hunting grounds exposed on tender);

- local public administration (on territoriality of finding of the hunting grounds exposed on tender).

Also the secretary participating in work of the Commission is part of the Commission (without voting power).

Representatives of local government bodies of the territories according to the location of the sites of hunting grounds exposed on tender are invited to commission sessions for consultations concerning carrying out tender and discussion of proposals of participants of tender, if necessary, the authorized employee concerning the prevention of corruption of the Organizer of tender also without voting power.

The members of the commission participating in tender (on territoriality of finding of the hunting grounds exposed on tender), make decisions (putting down of points, vote) only on lots containing sites of hunting grounds which is in limits of their territories.

9. In the absence of the commission chairman it is replaced by the vice-chairman of the Commission. The vice-chairman of the Commission is elected on the first commission session and affirms the order of the Organizer of tender.

The secretary of the Commission is the representative of authorized body and is appointed the order of the Organizer of tender.

All persons which are part of the Commission, and also the secretary of the Commission and persons invited to work of the Commission bear responsibility for maintaining confidentiality of work of the Commission.

10. The organizer of tender at least in 60 calendar days prior to the announcement of tender posts on the official site and in mass media (further - media) the announcement of matching of candidates in structure of the Commission from associations of okhotpolzovatel and NGO, and from other organizations (bodies) specified in Item 8 of this provision requests in writing information on provision of candidates for inclusion in structure of the Commission.

Registration of candidates begins from the date of publication in media of the announcement of matching of candidates and comes to the end after 30 calendar days.

Matching of candidates is performed within 15 calendar days after completion of their registration.

When matching the candidate from associations of okhotpolzovatel the priority is given to structure of the Commission to the applicant having education in the field of game management, biology and ecology with zoological bias and/or who worked more than five years in the field of hunting and hunting economy and availability in the considered association of the greatest number of the legal entities creating it, not being at the same time structural, territorial or subordinated subdivisions of one of members of the same association.

When matching the candidate in structure of the Commission from NGO the applicant shall have education in the field of game management, biology and ecology with zoological bias and/or length of service more than five years in the field of hunting and hunting economy, at the same time the priority is given to the specialist with wide experience of work.

Paragraph of the sixth ceased to be valid.

Candidates of other organizations (bodies) specified in Item 8 of this provision shall have length of service more than five years in the field of activities of the relevant organizations (bodies).

The structure of the Commission is created of number of the candidates which are picked up from associations and NGO and also from among the candidacies presented by other organizations (bodies) according to Item 8 of this provision and affirms the order of the Organizer of tender.

11. Members of the commission are removed from structure of the Commission in 10 days prior to tender according to applications in person or written address by leaders of the organizations specified in Item 8 of this provision addressed to the Organizer of tender.

In case of the application in person of the member of the commission about its conclusion from structure of the Commission or the written address addressed to the Organizer of tender of the head of the organization about replacement/response of the representative from structure of the Commission, replacement of the disposed members of the commission is made about what the relevant order is accepted.

During tender the players of the Commission are not changed.

12. Commission sessions according to content of cases in point are recorded by the secretary and signed by all members of the commission participating in meetings.

13. Commission session is competent if at least 2/3 members of the commission who are its part on permanent basis took part in it. The decision of the Commission is made by a majority vote from total number of the present her members.

In the absence of quorum of members of the commission, carrying out tender is postponed to the next month, for the same date and time specified in the announcement.

If this day matches with festive or in the day off, then competition is held in the next working day, at the same time, specified in the announcement.

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