ORDER OF THE MINISTRY OF THE NATURE OF RUSSIA

of June 17, 2009 No. 156

About approval of Administrative regulations of Federal Agency for Subsoil Management on execution of the state function on the organization of carrying out in accordance with the established procedure tenders and auctions on mineral right

List of amending documents

According to Item 9 of the Procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services) approved by the order of the Government of the Russian Federation of November 11, 2005 N 679 (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, to the Art. 2063), I order:

Approve the enclosed Administrative regulations of Federal Agency for Subsoil Management on execution of the state function on the organization of carrying out in accordance with the established procedure tenders and auctions on mineral right.

Approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of June 17, 2009, No. 156

Administrative regulations of Federal Agency for Subsoil Management on execution of the state function on the organization of carrying out in accordance with the established procedure tenders and auctions on mineral right

I. General provisions

1. These Administrative regulations determine the sequence and terms of actions (ministerial procedures) for implementation of the state function by the organization of carrying out in accordance with the established procedure tenders and auctions on mineral right, except for subsoil plots of federal importance, subsoil plots containing fields of popular minerals, or subsoil plots of local value.

2. Execution of the state function on the organization of carrying out in accordance with the established procedure tenders and auctions on right to use by subsoil plots is performed by Federal Agency for Subsoil Management (further - Rosnedra) and its territorial authorities (the list of territorial authorities is given in appendix 1 to these Administrative regulations).

Distribution of functions between Rosnedra and its territorial authorities concerning decision making about carrying out tenders or auctions, structure and operating procedure of the tender and auction committees, determination of procedure and conditions of carrying out such tenders and auctions, and also about approval of results of tenders and auctions is established in the lists of the objects offered for provision in use approved by Rosnedra (further - Lists of objects).

3. Federal executive bodies and executive bodies of subjects of the Russian Federation participate performed by the specified state function according to Items 57, of the 106th these Administrative regulations.

4. Execution of the state function on the organization of carrying out in accordance with the established procedure tenders and auctions on right to use by subsoil plots is performed according to:

The law of the Russian Federation of February 21, 1992 N 2395-I "About subsoil" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 16, Art. 834; Russian Federation Code, 1995, N 10, Art. 823; 1999, N 7, Art. 879; 2000, N 2, Art. 141; 2001, N 21, Art. 2061; N 33, of Art. 3429; 2002, N 22, Art. 2026; 2003, N 23, Art. 2174; 2004, N 27, Art. 2711; N 35, of Art. 3607; 2006, N 17, Art. 1778; N 44, of Art. 4538; 2007, N 27, Art. 3213; N 49, of Art. 6056; 2008, N 18, Art. 1941; N 29 (h 1), Art. 3418, Art. 3420; N 30, (2 h), Art. 3616; 2009, N 1, Art. 17);

The Federal Law of August 8, 2001 N 128-FZ "About licensing of separate types of activity" (The Russian Federation Code, 2001, N 33 (1 h), Art. 3430; 2002, N 11, Art. 1020; N 12, of Art. 1093; N 50, of Art. 4925; 2003, N 2, Art. 169; N 9, of the Art. 805, N 11, Art. 956; N 13, of Art. 1178; N 52, of Art. 5037; 2004, N 45, Art. 4377; 2005, N 13, Art. 1078; N 27, of Art. 2719; 2006, N 1, Art. 11; N 31, of Art. 3455; N 50, of Art. 5279; 2007, N 1, Art. 7; N 1, of Art. 15; N 7, of Art. 834; N 30, of Art. 3748; N 30, of Art. 3749; N 30, of Art. 3750; N 45, of Art. 5427; N 49, of Art. 6079; N 50, of Art. 6247; 2008, N 18, Art. 1944; 2008, N 29 (h 1), Art. 3413; 2008, N 30 (h 1), Art. 3604; 2008, N 30 (h 2), Art. 3116; 2009, N 1, Art. 15);

the resolution of the Supreme Council of the Russian Federation of July 15, 1992 N 3314-1 "About procedure for enforcement of the Regulations on procedure for licensing of use of natural resources" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 33, Art. 1917; Russian Federation Code, 2007, N 27, Art. 3213);

The presidential decree of the Russian Federation of March 9, 2004 N 314 "About system and structure of federal executive bodies" (The Russian Federation Code, 2004, N 11, Art. 945; 2004, N 21, Art. 2023; 2005, N 12, Art. 1023; N 47, of Art. 4880; N 52, of Art. 5690; 2006, N 14, Art. 1509; 2007, N 8, Art. 978; N 40, of Art. 4717; 2008, N 20, Art. 2290; 2008, N 41, Art. 4653; 2008, N 52 (h 1), Art. 6366);

the order of the Government of the Russian Federation of May 29, 2008 N 404 "About approval of the Regulations on the Ministry of Natural Resources and Environmental Protection of the Russian Federation" (The Russian Federation Code, 2008, N 22, Art. 2581; 2008, N 42, Art. 4825; 2008, N 46, Art. 5337; 2009, N 3, Art. 378; 2009, N 6, Art. 738);

the order of the Government of the Russian Federation of June 17, 2004 N 293 "About approval of the Regulations on Federal Agency for Subsoil Management" (The Russian Federation Code, 2004, N 26, Art. 2669; 2006, N 25, Art. 2723; 2008, N 22, Art. 2581; 2008, N 42, Art. 4825; 2008, N 46, Art. 5337; 2009, N 6, Art. 738);

the order of the Government of the Russian Federation of January 19, 2005 N 30 "About Standard regulations of interaction of federal executive bodies" (The Russian Federation Code, 2005, N 4, Art. 305; 2005, N 47, Art. 4933; 2007, N 43, Art. 5202; 2008, N 9, Art. 852; N 14, of Art. 1413; 2009, N 12, 1429);

the order of the Government of the Russian Federation of July 28, 2005 N 452 "About Standard regulations of the internal organization of federal executive bodies" (The Russian Federation Code, 2005, N 31, Art. 3233; 2007, N 43, Art. 5202; 2008, N 9, Art. 852; N 14, of Art. 1413; 2008, N 46, 5337; 2009, N 23, Art. 1443);

and also these Administrative regulations.

5. Result of execution of the state function on the organization of carrying out in accordance with the established procedure tenders or auctions on mineral right is decision making about approval of result of tender or auction or about recognition of tender or auction cancelled.

6. Applicants are the subjects of business activity interested performed by the state function, including participants of particular partnership, foreign citizens, legal entities.

7. For participation in tender or auction on right to use by subsoil plots by all participants according to Items 48 and 93 of these Administrative regulations collection for participation in tender or auction which is one of conditions of registration of the request is brought.

II. Requirements to procedure for execution of the state function

Procedure for informing on execution of the state function

8. Information on procedure for execution of the state function is provided:

directly in Rosnedra and its territorial authorities performing the state function;

with use of means of telephone communication, electronic informing, the electronic equipment;

by means of placement in information and telecommunication networks public (including on the Internet), publications in mass media.

9. The location information, contact telephone numbers (phones for reference) is given in appendix 1 to these Administrative regulations and is placed:

on the Website of Rosnedra (www.rosnedra.com);

at information stands in Rosnedra and its territorial authorities.

10. The location information, phone numbers for reference (consultations) of separate divisions (departments) of territorial authorities of Rosnedra is placed:

on the Website of Rosnedra (www.rosnedra.com);

at information stands of territorial authorities of Rosnedra and their separate divisions (departments).

11. Data on the schedule (mode) of work of Rosnedra and its territorial authorities (their separate divisions) are placed:

on the Website of Rosnedra (www.rosnedra.com);

at the information stand before entrance to the building in which the territorial authority of Rosnedra (its separate division) is located;

at information stands in territorial authorities of Rosnedra.

12. At information stands in territorial authorities of Rosnedra and the Website of Rosnedra (www.rosnedra.com) the following information is placed:

extraction from the legislative and other regulatory legal acts containing the regulations regulating activities for execution of the state function;

the text of Administrative regulations with appendices (the complete version on the Website (www.rosnedra.com) and extraction, including samples of bids or auction on right to use by subsoil plots);

flowcharts (appendices 2, 3 to these Administrative regulations) and the short description of procedure for execution of the state function;

scheme of accommodation of specialists and mode of acceptance of citizens by them;

table of completion dates of function in general and maximum terms of accomplishment of separate ministerial procedures;

procedure for appeal of decisions, actions or failure to act of the officials performing the state function.

13. In case of responses to phone calls and oral addresses specialists in detail and in polite (correct) form inform addressed on the questions interesting them. The response to phone call shall begin with information on the name of body which the citizen, surname, name, middle name and position of the specialist who received phone call called.

Time of conversation shall not exceed 10 minutes.

In case of impossibility of the specialist who received call to answer independently the questions posed the phone call shall be readdressed (is transferred) to other official or to the addressed citizen telephone number according to which it is possible to obtain necessary information shall be told.

14. Written addresses of citizens and legal entities are considered by Rosnedra and its territorial authorities taking into account time of preparation of the answer to the applicant in time, not exceeding thirty days from the moment of receipt of the address according to established procedure.

15. The actions or failure to act of Rosnedra and its territorial authorities and their officials connected with execution of the state function on the organization of carrying out in accordance with the established procedure tenders and auctions on mineral right can be appealed according to the procedure provided by these Administrative regulations.

Requirements to structure of the documents necessary for execution of the state function

16. For participation in tender or auction on right to use by subsoil plots by applicants documents according to the list of the documents attached to the bid or auction on right to use by subsoil plots, stipulated in Item by the 17th these Administrative regulations are submitted.

Requirements to the documents submitted by applicants

17. Bids or auction on right to use by subsoil plots shall be completed with machine method, are printed out by means of electronic printers (appendix 4, 5 to these Administrative regulations).

The application for participation in specific tender or auction on right to use by the subsoil plot with the enclosed documents is constituted in duplicate - the originals or copies certified in accordance with the established procedure.

The following data shall be attached to the request:

1) data on the applicant, including the place of its main activities, its economic relations with financial and production partners, including:

name, form of business and place нахождениядля legal entity;

surname, name, middle name (in the presence), the residence, data of the identity document, - for the individual entrepreneur;

the copies of constituent documents and the document confirming the fact of entering of record about the legal entity into the Unified State Register of Legal Entities certified in accordance with the established procedure (for legal entities);

the copy of the certificate on state registration of the legal entity certified in accordance with the established procedure;

the copy of the certificate on state registration of the citizen certified in accordance with the established procedure as the individual entrepreneur (for individual entrepreneurs);

the copy of the certificate on statement of the applicant certified in accordance with the established procedure on accounting in tax authority;

the copy of the certificate on state registration of the applicant certified in accordance with the established procedure in bodies of statistics;

data on economic relations with the main financial and production partners;

2) data on management structure, owners, founders, shareholders (for joint-stock companies), heads of the applicant and persons who represent it with participation in tender or auction, including:

the copy of the decision of authorized bodies of management of the applicant on appointment of sole executive body of the organization certified in accordance with the established procedure;

the power of attorney issued in accordance with the established procedure (if the interests of the applicant are represented by person who does not have the right without power of attorney to represent the interests of the legal entity);

the extract from the Unified State Register of Legal Entities received not earlier than in one month prior to date of application for participation in auction (tender) - for the legal entity;

the statement from the shareholder register of the applicant received (drawn up) not earlier than in one month prior to date of application for participation in auction (tender) - for joint-stock company;

the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs - for the individual entrepreneur;

the decision of authorized body of management of the applicant on participation in auction (tender) on mineral right of this site;

3) data on the financial opportunities of the applicant necessary for performance of works connected with the planned use of natural resources, including documental data about availability own and/or attracted, means, including:

copies of balance sheets of the applicant (with appendix of all obligatory forms) in the year preceding application and for the last accounting period with mark of tax authority about their acceptance;

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