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On The Entry Into Force Of The Water Code Of The Russian Federation

Original Language Title: О введении в действие Водного кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW Introducing the Water Code Russian Federation adopted by the State Duma on April 12, 2006 Federation on 26 May 2006: (In the wording of the federal laws of July 14, 2008). N 118-FZ; dated 23.07.2013 N 250-FZ; dated 21.10.2013. N 282-FZ; dated 27.05.2014 N 136-FZ; of 22.12.2014 N 445-FZ; dated 31.12.2014 N 514-FZ Article 1 Enter the Water Code of the Russian Federation as of 1 January 2007. Article 2 The Russian Federation Water Code applies to relations that have arisen since its introduction. Article 3 From the date of enactment of the Water Code of the Russian Federation to be declared invalid: 1) Russian Federation Water Code (Russian Federation Law Assembly 1995, N 47, st. 4471); 2) Article 12 of the Federal Law of 30 June 2003 N 86-FZ " On introducing amendments and additions to some legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Tax Police Service, abolished of the Russian Federation " (Legislative Assembly of the Russian Federation, 2003, N 27, art. (3) Article 59 of the Federal Law of 22 August 2004 on amendments to the legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 17, paragraph 12, of the Federal Law of 29 December 2004). OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation Federation, 2005, N 1, article 25); 5) Article 6 of the Federal Law of 9 May 2005 N 45-FZ " On Amendments to the Code of the Russian Federation on Administrative and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1752); 6) Article 9 and paragraph 8 of article 23, paragraph 6, of the Federal Law of 31 December 2005 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 10). Article 4 Since the introduction of the Water Code of the Russian Federation legislation of the Union of Soviet Socialist Republics containing norms, Regulating water relations is not recognized by the Russian Federation. Article 5 1. Water users using water facilities on the basis of decisions of the Government of the Russian Federation or decisions of the executive authorities of the constituent entities of the Russian Federation, or licences for water use and contracts of use Water objects, adopted, issued and concluded prior to the introduction of the Water Code of the Russian Federation, retain rights in the long term or short-term use of water bodies the basis of water use licences and contracts for the use of water facilities before the expiry of such licences and treaties, except in the case of Part 5 of this Article. Federal Law of 31.12.2014. N 514-FZ 2. The water users referred to in Part 1 of this article are entitled under the Water Code of the Russian Federation to conclude water contracts. or to make applications for water facilities for use on the basis of decisions on the provision of water facilities. In this case, the conditions and time limits for the use of water bodies can only be changed on the initiative of water users. Water contracts or decisions on the provision of water facilities for use are concluded or adopted in accordance with the Water Code of the Russian Federation. Federation. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Introduction of the Water Code of the Russian Federation, terminated upon the establishment of the right to use water bodies on the basis of treaties Water management or water supply decisions use, or upon expiration, of water use licences and contracts for water use or in case of termination of the right to use water bodies on the basis of and in the manner prescribed by Article 10 Water Code of the Russian Federation. 4. Water users referred to in part 1 of this Article and duly fulfilling the terms and conditions of water use licences and contracts for the use of water facilities prior to the expiry of such licences and contracts shall prevail over the period of time. by other persons the right to obtain a water object for use on the basis of a decision to grant a water object to use or to conclude contracts for water use in accordance with article 15 of the Water Code of the Russian Federation the exception of cases where the conclusion of water contracts should be carried out in the following way: Results of the auction. (Part of the addition is the federal law of 21.10.2013. N 282-FZ) 5. In the constituent entities of the Russian Federation, the cities of Moscow and St. Petersburg, the use of water licences and contracts for the use of water facilities, respectively, issued and concluded before the implementation of the Water Code The Russian Federation shall terminate its activities as of 1 January 2015. (Part of the addition is the Federal Law of 31.12.2014). N 514-FZ) Article 6 Provision of water objects for which a day of introduction Russian Federation Water Code. Article 6-1 Before approval in accordance with Article 33 of the Russian Federation Water Code of Integrated Water Management and Protection Schemes, but no later than 1 January 2015 The abstraction (removal) of water resources from the water object and the discharge limits, as well as the quotas of the abstraction (removal) of water resources from the water object and the discharge of waste water for each constituent entity of the Russian Federation, shall be established by the Executive authority in the manner determined by the Government of the Russian Federation THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 14 July 2008. N 118-FZ) Article 6-2 Before approval in accordance with article 35 of the Russian Federation Water Code of permissible effects on water objects, but not later than before 1 January 2015, rationing of effluents, including drainage, of substances and microorganisms, is carried out on the basis of maximum permissible concentrations of chemicals, radioactive substances and microorganisms, and Other water quality indicators in water bodies. (Article supplemented-Federal Act of 14 July 2008. N 118-FZ, in the wording of the Federal Law of 21.10.2013. N 282-FZ) Article 6-3 Pending approval in accordance with article 45 of the Russian Federation Water Code of regulations for the use of reservoirs, including the model The rules for the use of reservoirs are permitted to be applied developed and approved before the implementation of the Water Code of the Russian Federation. (The article is supplemented by the Federal Law of 14 July 2008. N 118-FZ) (In the wording of Federal Law No. N 445-FZ) Article 6-4 Reset Wastewater, including Drainage, Water to the Second and Third Belt of Sanitary Security Zones The sources of drinking and household water supply, economic and other facilities which have been put into operation or approved for the construction of which are issued prior to the introduction of the Water Code of the Russian Federation are permitted from compliance with health regulations and standards in accordance with the Federal Act of 30 March 1999-FZ "On Sanitary and Epidemiological Welfare of the Population". (The article is supplemented by the Federal Law of 14 July 2008. N 118-FZ) (In the wording of Federal Law No. N 282-FZ) Article 6-5. 1. Maintenance of filling stations, petrol, oil and lubricants used for the technical inspection and repair of vehicles entered into service is allowed to operate within the boundaries Article 65, paragraph 5, of the Russian Water Code of the Russian Federation. 2. The exploration and production of common mineral resources within the limits of water protection zones are permitted under a license for the use of mineral resources issued before the day of the entry into force of article 65, paragraph 8, of the Russian Water Code of the Russian Federation, for a period of time The action of this license. (Article padded) N 282-FZ) Article 7 1. Land, where the pond is located, is the property of the Russian Federation, if the aforementioned waters are located in the territories of two or more constituent entities of the Russian Federation or the aforementioned lands Federal laws in federal property. 2. Land, which is not owned by the Russian Federation and whose boundaries are located in a pond, is the property of the constituent entities of the Russian Federation, if the aforementioned waters are in the territories of two and More municipal districts, urban districts or land plots are defined as federal property by the constituent entities of the Russian Federation. 3. Land, which is not owned by the Russian Federation, the constituent entities of the Russian Federation, citizens, legal entities and in whose boundaries a pond is located, the quarry is the property of the municipal districts, if The aforementioned waters are located in two or more settlements or the specified land is located in the territories of municipal areas outside the boundaries of the settlements. 4. Land, which is not owned by the Russian Federation, the constituent entities of the Russian Federation, the municipalities, citizens, legal persons, and in the boundaries of which the pond is located, is the property of the settlements, Urban districts. 5. For the purposes of this article, the land on which a pond is located, a quarry pond, is defined as land which includes land covered by surface water, within the limits of the shoreline. Article 8 Information on the provision of water objects in use is posted on the official website of the [ [ Government of the Russian Federation]] Internet Information and Telecommunications Network within six months of the introduction of the Water Code of the Russian Federation. Article 9 Amend Part One of the Civil Code of the Russian Federation (Assembly of Russian legislation, 1994, N 32, sect. 3301; 2005, N 1, est. (39) the following changes: 1) in paragraph 1 of Article 130 of the word ", separate water objects", delete; (2) in article 221, the word "reservoirs" shall be replaced by the words "water bodies"; 3) in article 226, paragraph 2, the word "water" Replace "water object"; 4) in article 261, paragraph 2, the words "enclosed waters" should be replaced by the words "water bodies". Article 10 Act No. 122-FZ of 21 July 1997 on State registration of rights to immovable property (Russian Federation Law Assembly, 1997, 3594; 2001, N 11, sect. 997; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 30, sect. 3081; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 15, 22, 40; N 50, 100. 5244; 2006, N 1, est. (17) The following changes: 1) in the third paragraph of article 1, the words ", separate water bodies" delete; 2), add the following article 22 to 1: " Article 22-1. State registration of rights to hydraulic and other structures on water objects (Spaced by Federal Law dated 23.07.2013. N 250-FZ) 2. Mandatory application to the documents under which the State registration of the rights to hydraulic and other facilities located in the water bodies is carried out is the documents prepared in accordance with the water in law and in which the layout of these structures is graphed. ". Article 11 Article 11 Amend the federal law dated 6 October 1999 N 184-FZ " About the general principles of the organization OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5005; 2003, N 27, sect. 2709; 2005, N 1, st. 17, 25; 2006, N 1, sect. (10) The following changes: 1) Article 26-3, paragraph 2, should be amended to read as follows: " 59) State regional control and supervision of water use and protection, monitoring Russian water bodies, water sources, regulations and legal regulation of certain issues in the sphere of water relations, the powers of owner of water bodies within the limits set by Russian water legislation Russian Federation. "; 2) Article 26-11, paragraph 2 (h) that is no use. Article 12 Article 12 of the Russian Federation Tax Code 2000, N 32, sect. 3340; 2003, N 46, Art. 4444; 2004, N 31, est. 3219; 2005, N 21, st. The following changes: 1) in the Table of Article 333-3 of Article 333-3 "Inland Waters (rivers, reservoirs, lakes)" replaced by the following line: "Rivers, lakes, reservoirs"; 2) in article 333-8: Replace "Taxpayers" with " 1. Taxpayers "; add to paragraph 2 as follows: " 2. Not recognized by taxpayers of the organization and by natural persons who use water uses or decisions to provide water for use, respectively, of prisoners and Russian Federation Water Code action. ". Article 13 Article 13 Act No. 101 of 17 July 2001 State-to-State demarcation of land " (Collection of OF THE PRESIDENT OF THE RUSSIAN FEDERATION (3060) The following changes: 1) in the second paragraph of Article 3 of the word "waters occupied by water bodies in federal property", delete; (2) in the second paragraph of Article 4, paragraph 1 of the word ", (a) " (a), (b), (c), (c), (c), (c), (c), (c), (e) and (e)). Municipal property " shall be deleted. Article 14 Amend the Land Code of the Russian Federation (Assembly of Laws of the Russian Federation, 2001, N 44, Art. 4147; 2003, N 27, sect. 2700; 2004, 27, sect. 2711; 2005, N 1, est. 17; N 10, est. 763) the following changes: 1) in paragraph 4, paragraph 4, of article 18 of the word "water fund occupied by water bodies owned by the constituent entities of the Russian Federation", delete; (2) in paragraph 3, subparagraph 8 Article 23, the words "enclosed water" should be replaced by the words "water object"; (3) in article 27: , paragraph 5, subparagraph 3, paragraph 5, amend to read: " 3) within which water facilities are located in State or municipal property; "; to supplement paragraph 8 , to read: " 8. The privatization of land within the shoreline set by the Russian Federation Water Code is prohibited. "; 4) in article 40, paragraph 1: , in subparagraph 1, replace the words" closed water bodies " with the words "ponds, quarries"; in subparagraph 3, replace the words "closed water bodies" by the words "water objects"; 5) in paragraph 2 of article 77, the words "enclosed waters" should be replaced by the words "water bodies"; 6) in paragraph 12 Replace article 85 with "closed water" by "water bodies"; (7) Article 97, paragraph 1 (1), should be declared null and void; (8) Article 102 should read as follows: " Article 102. Land of the Water Fund 1. The land of the water fund includes land: 1) covered by surface water, concentrated in water bodies; 2) by hydro-technical and other facilities located on water bodies. 2. Land is not formed on land covered by surface waters. 3. Land reservations are being carried out for the construction of reservoirs and other artificial water bodies. The reservation of land for these purposes is established by federal laws. 4. The procedure for the use and protection of the lands of the water fund is defined by this Code and the Water Law. ". Article 15 Article 15 Amend Part Three 1) in Part 2 of Article 1181, the words "enclosed water bodies, the forest and plants on it" shall be replaced by the words "the plant, unless otherwise specified by law"; (2) Article 1213, paragraph 2, of the words ", separate water bodies", should be deleted. Article 16 Amend the Code of the Russian Federation on Administrative Offences (Legislative Assembly of the Russian Federation) Federation, 2002, N 1, article 1; N 44, sect. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13; N 10, est. 763; N 13, est. 1077; N 19, est. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; 2006, N 1, st. 10; N 10, est. 1067; N 12, est. 1234) The following changes: 1) in Article 7.6: in the name of the word "without a permit (licence)" to read "in violation of specified conditions"; paragraph 1 should read as follows: "Unauthorized occupation of or use of a water object, or use thereof without documents that give rise to the right to use a water object or a part thereof, or to use water with a breach of its conditions-"; (2) in the article 23.23: In the name, replace "control" with "control and supervision"; In Part 1, replace the word "control" with "control and supervision"; in paragraphs 1 to 5 and 7 to 9 of Part 2 replace the word "control" with "control and supervision"; 3) in paragraph 31 of Part 2 of Article 28.3, the word "control" should be replaced by "control". the words "control and oversight". Article 17 Article 17 Act No. 131-FZ of 6 October 2003 on the general principles of local government OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3822; 2005, N 1, st. 17, 25; 2006, N 1, sect. (10) The following changes: (1) Part 1 of Article 14 to supplement paragraph 31 with the following: " (31) implementation within the limits set by the Russian Federation's water legislation, the powers of the owner of water bodies, informing the public about the restrictions on their use. "; 2) Part 1 of Article 15 to supplement paragraph 28 with the following: " 28) implementation within the limits set by the Russian Federation's water legislation, the authority of the owner of waters, establishment of rules of use (b) Implementation of the Convention on the Law of the Sea in accordance with the provisions of the Convention on the Law of the Sea the authority of the owner of water bodies, the establishment of rules for the use of public water bodies for personal and domestic use, and information to the public about restrictions on the use of such water bodies. "; 4) class="ed"> (expandable-Federal Law from August 27, 2014. N 136-FZ) Article 18 of the Russian Federation. 5270) the following changes: 1) in Part 2 of Article 10 of the word "segregated water bodies" shall be replaced by "ponds, quarries"; 2) in article 24, paragraph 3, the words "distinct water bodies" shall be replaced by " ponds, in the career. " Article 19 Enact Federal Law of 21 December 2004 N 172-FZ " On transfer of land or land from one piece of land OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5276; 2005, N 30, sect. 3122) the following changes: 1) in Article 12: the name to be supplemented with the words "as well as the peculiarities of the transfer of lands of another category or land in the composition of such land in the land of the water fund"; word "Translation" shall be replaced by " 1. Translations "; to add to Part 2: " 2. The transfer of lands of another category or land to such land in the land of the water fund is permitted in the case of: 1) if the land is occupied by water bodies; 2) construction of reservoirs and other artificial waterways and hydrotechnical and other facilities located in water bodies; (3) changes in river beds and other changes in the position of water bodies. "; 2) in paragraph 3 of article 15, paragraph 3, words", which are occupied by water bodies in federal property " should be deleted. Article 20 Amend the Grain Code of the Russian Federation (Assembly of Laws of the Russian Federation, 2005, N 1, Art. 16; N 30, est. 3128; 2006, N 1, est. (21) The following changes: 1) Article 10, paragraph 5 (5), shall be declared void; 2) in Part 6 of Article 36, the words "the land of the water fund occupied by water bodies" shall be replaced by the words " the land of the water fund covered by the surface water. ". Article 21 1. This Federal Law shall enter into force on the date of its official publication, with the exception of articles 12 and 19 of this Federal Law. 2. Article 19 of this Federal Law comes into force from the day of the enactment of the Water Code of the Russian Federation. 3. Article 12 of this Federal Law shall enter into force on 1 January 2007, but not earlier than one month from the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 3 June 2006 N 73-FZ