The government approved Resolution No. 1151 “Some issues of leasing hydrotechnical facilities” developed by the Ministry of Agriculture and the State Fisheries Agency, which BRDO experts participated in writing.
Ukrainian aquaculture has extraordinary potential, and this is a significant change in the regulatory field, which will contribute to the development of the industry.
What does the document provide?
Resolution of the CMU No. 1151 changes the rules for leasing hydrotechnical facilities and approves:
- The procedure for making hydrotechnical facilities available for use on lease terms for aquaculture purposes;
- The procedure for providing for use under the terms of a lease hydrotechnical structures of a fishery technological reservoir;
- A standard contract for the use of a hydrotechnical structure for aquaculture purposes under the terms of lease;
- A standard contract for the use of a hydrotechnical structure of a fishery technological reservoir under the terms of lease.
Why are these changes important for entrepreneurs?
Transparent mechanisms for the provision of hydrotechnical structures for aquaculture purposes and hydrotechnical structures of the fishery technological reservoir for use on lease terms are being introduced.
- The procedure for leasing hydrotechnical structures for the purposes of aquaculture determines the mechanism of such leasing in accordance with Article 141 of the Law of Ukraine “On Aquaculture”, which are in state and communal ownership, or whose owner is unknown or cannot be established. Leasing takes place on the basis of data, documents and/or information from the relevant state registers, on a non-competitive basis and without an auction.
- The procedure for providing for use on the terms of lease the hydrotechnical structures of the fishery technological reservoir determines the mechanism of such transfer to lease in accordance with Article 142 of the Law of Ukraine “On Aquaculture”. Lease takes place on a non-competitive basis and without an auction.
In general, the orders are aimed at simplifying the rules and procedures for concluding standard lease agreements, the forms of which are also approved by a resolution of the CMU. Thanks to this, the legal relations related to the ownerless hydrotechnical structures are finally being settled, which should increase the revenue to the state and local budgets in the future.
The BRDO works on the development of the Ukrainian aquaculture industry within the framework of the project “Improving the Regulatory Environment in the Aquaculture Sector” of the USAID Program for Agrarian and Rural Development – AGRO.