ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 6, 2017 No. 415

About approval of Rules of the conclusion of the agreement of use of the fish-breeding site for new term without tendering (tenders, auctions) with the fish-breeding economy which properly fulfilled the duties under the agreement of use of the fish-breeding site and changes of conditions of such agreement

According to parts 6 and 7 of article 10 of the Federal law "About Aquaculture (Fish Breeding) and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the conclusion of the agreement of use of the fish-breeding site for new term without tendering (tenders, auctions) with the fish-breeding economy which properly fulfilled the duties under the agreement of use of the fish-breeding site and changes of conditions of such agreement.

2. The realization of this resolution is enabled by Federal Agency for Fishery within the number of employees of central office and territorial authorities of Federal Agency for Fishery, and also budgetary appropriations provided to Federal Agency for Fishery in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

Approved by the Order of the Government of the Russian Federation of April 6, 2017 No. 415

Rules of the conclusion of the agreement of use of the fish-breeding site for new term without tendering (tenders, auctions) with the fish-breeding economy which properly fulfilled the duties under the agreement of use of the fish-breeding site and changes of conditions of such agreement

1. These rules establish procedure for the conclusion of the agreement of use of the fish-breeding site for new term without tendering (tenders, auctions) with the fish-breeding economy which properly fulfilled the duties under the agreement of use of the fish-breeding site (further - fish-breeding economy), and changes of conditions of such agreement.

2. The conclusion of the agreement of use of the fish-breeding site is performed by the following authorized bodies:

a) Federal Agency for Fishery - concerning the fish-breeding sites located on the water objects and (or) their parts not adjacent to the territory of municipalities of subjects of the Russian Federation, on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation;

b) territorial authorities of Federal Agency for Fishery - concerning the fish-breeding sites located on the water objects and (or) their parts adjacent to the territory of the municipality of appropriate subject of the Russian Federation.

3. For the conclusion of the agreement of use of the fish-breeding site the fish-breeding economy shall notify the body specified in Item 2 of these rules (further - authorized body), in writing on desire to sign the agreement (further - the notification) not earlier than before 6 months and not later than 3 months before the termination of term of its action.

4. The fish-breeding economy planning to sign the agreement of use of the fish-breeding site shall conform to the following requirements:

a) concerning fish-breeding economy insolvency proceedings and liquidations on the date of submission of the notification are not carried out;

b) activities of fish-breeding economy are not suspended according to the procedure, provided by the Russian Federation Code of Administrative Offences, on the date of submission of the notification;

c) the fish-breeding economy has no unexecuted obligation on taxes, charges and other obligatory payments in budgets of any level or state non-budgetary funds for the last accounting period in the amount of more than 25 percent of book value of assets of fish-breeding economy according to accounting records for the last accounting period. The fish-breeding economy is considered conforming to this requirement if it appealed availability of the specified unexecuted obligation in accordance with the legislation of the Russian Federation and the decision according to such claim is not made on the date of submission of the notification;

d) earlier signed agreement of use of the fish-breeding site was not terminated with this fish-breeding economy on the bases provided by part 3 of article 9 of the Federal law "About Aquaculture (Fish Breeding) and about Modification of Separate Legal Acts of the Russian Federation" (further - the Federal Law).

5. Check of fish-breeding economy on compliance to requirements, stipulated in Item 4 these rules, is performed by authorized body. For the purpose of confirmation of information on compliance of fish-breeding economy to requirements, stipulated in Item 4 these rules, the authorized body can request necessary data from federal executive bodies and bodies of state non-budgetary funds.

6. In case of the conclusion of the agreement of use of the fish-breeding site the following conditions of earlier signed agreement of use of the fish-breeding site can be by agreement of the parties changed:

a) the minimum amount of the objects of aquaculture which are subject to cultivation and (or) content, cultivation, and also release in water object and to withdrawal from water object in borders of the fish-breeding site, stipulated in Item 4 parts 2 of article 9 of the Federal Law. The specified minimum amount is determined according to the technique approved by the Ministry of Agriculture of the Russian Federation according to the subitem "l" of Item 82 of Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site approved by the order of the Government of the Russian Federation of May 15, 2014 No. 450 "About approval of Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site";

b) specific structure of the objects of aquaculture which are subject to cultivation and (or) content, cultivation, and also release in water object and to withdrawal from water object in borders of the fish-breeding site;

c) details of the parties (location and address, residence, place of the actual implementation of activities, bank details);

d) data on objects of fish-breeding infrastructure.

7. Change of other terms of the contract of use of the fish-breeding site, not stipulated in Item 6 these rules, is not allowed.

8. The conclusion of the agreement of use of the fish-breeding site is performed on effective period of earlier signed agreement of use of the fish-breeding site.

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