Земельные отношения

Report

on work carried out by Department

in regards to state policy implementation in land relations

in the territory of Almaty for 12 months in 2020 

 

The territory of the city is 68.3 thousand hectares, and is divided into 4 zones, namely:

1) land of the residential area - 10.27 thousand hectares or 15.03%,

2) lands of the social zone - 4.89 thousand hectares or 6.76%,

3) land of the commercial zone - 7.78 thousand hectares or 11.39%,

4) lands of another zone - 45.36 thousand hectares or 66.85%, where the following are taken into account:

- agricultural land - 8.03 thousand hectares or 11.75%;

- specially protected natural sites - 21.42 thousand hectares or 31.7%;

- water bodies - 0.6 thousand hectares or 0.9%;

- land for general use, transport - 15, 31 thousand hectares or 22.39%.

 

Document flow of the Department

During the specified period, the department received a total of 12 902 applications, of which: 10 087 applications from individuals and 2 815 applications from legal entities.

Official correspondence - 8317, OAD (Organizational and administrative documentation) (Surveillance Sector) - 475, OD (Organizational documents of protocol) - 76, Confidential documents - 36, outgoing correspondence – 15 192.

An analysis of the applications shows that their topics affect a variety of land use areas. The most relevant in terms of the number of applications are issues of registration and legalization of land plots, provision of land plots for individual housing construction, issues of extending the lease of land plots, adjusting and clarifying the boundaries of land plots, as well as calculating the rent for the use of a land plot.

 

Provision of public services to population

 

Land Relations Department, in accordance with public services register, provides 8 types of public services.

In total for 12 months of 2020, 12 383 services were provided (through the State Corporation “Government for Citizens” NJSC 6 180, through EGOV - 3342, through a state agency - 2861), of which:

1. Approval of land management projects for land plots formation – 6 516 services;
2. Issuance of a decision to change the designation purpose of a land plot –

1 229 services;

3. Acquisition of rights to land plots in state ownership, which do not require bids (tenders, auctions) – 2 582 services;
4. Determination of divisibility and indivisibility of land plots – 1 189 services.
5. Issuance of a permission for the use of land plots for exploration works - 21 services;
6. Sale of land in private ownership with immediate payment or installments - 84 services;
7. Conclusion of contracts for the purchase and sale of a land plot -74 services (excluded from the register in 2020);
8. Conclusion of land lease agreements - 688 services (excluded from the register for the current year);
9. Admission to queuing up to receive a land plot is not carried out.
10. Coordination and issuance of a land remediation plan - 0 requests were not available.

Out of the total number of services provided for 12 months of 2020, 3 342 services were provided in electronic form (27% of the total),

 For comparison, in 2019, 712 services were provided in electronic form, which is 4.7 times less than in 2020.

For 2020, through the branches of the State Corporation “Government for Citizens” NJSC 6 180 (in 2019 – 7 799 services).

Due to the impact of the pandemic, 12 383 services were provided in 2020, this is 7 922 (64%) less than in 2019, when 20 305 services were provided.

 

Land relations regulation works

 

For 12 months of 2020, 40 meetings of the Land Commission were held, at which 6259 applications were considered, of which favourable decisions were made on 4482 applications, and, the granting, extension of the right to land use (property) was refused on 1345 applications; changes in the land plots designated purpose - previously adopted decisions of the Land Commission were canceled according to 375 applications due to the failure to implement the adopted conclusions; the rights to land plots were terminated according to 8 applications, the previously adopted resolution of the Akimat of Almaty was canceled according to 30 applications - 19 materials on land plots seizure.

For 12 months of 2020, 680 favourable resolutions were adopted in respect of 2859 individuals and 1 870 legal entities of the Akimat of Almaty, for which extracts from the resolutions were prepared, of which:

- on granting of the right to temporary land use for land plots - 289 resolutions, in respect of 1451 individuals, 1430 legal entities;

- on sale of land plots - 116 decisions, in relation to 167 individuals, 51 legal entities;

- on granting of the right to common share, private ownership of land plots - 154 resolutions, in relation to 778 individuals, 169 legal entities;

- on granting of the right to permanent land use - 27 decisions in respect of 42 individuals;

- on amendments to the previously adopted resolutions of the Akimat of Almaty - 7 resolutions in relation to 2 individuals, 6 legal entities;

- on changing the land plots designated purpose - 86 resolutions, in relation to 460 individuals, 172 legal entities.

On the refusal to grant rights to land plots - 76 resolutions were adopted, in relation to 962 individuals and legal entities, for which extracts from the resolutions were prepared and the corresponding notifications were sent to the applicants within the prescribed period.

 On refusal to change the land plots designated purpose - 33 decisions were adopted in relation to 380 individuals and legal entities.

On the refusal to grant the right of ownership (lease) to land plots for individual housing construction, 88 applications were considered by the land commission, due to the lack of free land in Almaty and, accordingly, 13 decisions were made to refuse to grant the right to land use.

For comparison, in 2019, 37 meetings of the Land Commissions were held, at which 7 725 applications were considered, of which favourable decisions were made on 5 868 applications, 1 541 applications on extension of land use (property) rights, changes in the land plots designated purpose were denied, the decisions of the land commission were canceled upon 130 applications due to the failure to implement the previously adopted conclusion of the land commission, 88 applications were canceled and reintroduced to the Land Code, the rights to land plots were canceled and terminated upon 98 applications.

For the period of 2019, 2 411 resolutions of the Akimat of Almaty were adopted, in relation to 5 780 individuals and legal entities.

 

State institutions were provided with 231 land plots in 2020, which of:

No.	Institution name	Number
1	Energy construction facilities	83
2	Utility facilities	104
3	Construction of a block-modular infectious diseases hospital	2
4	Crematorium construction	1
5	Construction of health and fitness complex	5
6	Subway facilities	12
7	For the needs of the Ministry of Defense, National Security Committee, the Ministry of Internal Affairs	10
8	Emergency facilities (fire station)	2
9	Department of Internal Affairs facilities	8
10	Mudflow protection object	1
11	Facilities of the Ministry of Education of the Republic of Kazakhstan	1
12	Republican facilities	2

Seizure of land plots for state needs

 

In order to implement the development program for Almaty, the Land Relations Department is working on the compulsory alienation of land plots for state needs for the construction of transport infrastructure (roads, interchanges), social facilities (schools, museums) and energy facilities (Sewage pumping stations, substations).

Since the beginning of 2020, 172 land plots, 17 apartments were purchased in the amount of 12.07 billion tenge for state needs (in 2019, 351 land plots in the amount of 16.048 billion tenge were withdrawn for state needs):

1. Two land plots were purchased for the construction of a school in "Darkhan" microdistrict;
2. One land plot was purchased for the reconstruction of the street network with a system of high-speed bus transport, from Zheltoksan street, along Timiryazev, Zhandosov, Suleimenov, Mustafin streets to Saina street;
3. One land plot was purchased for the construction of the Kirpichny substation in the Zhetysu district;
4. One land plot was purchased for the reconstruction and modernization of the infrastructure of the "Central Stadium".
5. One land plot was purchased for the construction of a transport interchange at the intersections of Ryskulov Avenue and Kuldzhinsky tract.
6. Eight land plots were purchased for the construction of a traffic intersection at the intersection of Bukhtarminskaya Street and Kuldzhinsky tract;
7. 39 land plots were purchased for punching Abai Avenue from Yassaui Street to the border of Almaty;
8. Eight land plots were purchased for the construction of a traffic intersection at the intersection of Ryskulov Avenue and Yemtsova Street;
9. Four land plots were purchased for the distribution street up to Raiymbek Avenue in the Nauryzbay district;
10. 17 apartments were purchased for the construction of an administrative building located north of Abai Avenue, west of Bayzakov Street in Almalinsky District;
11. Four land plots were purchased for the construction of an electric transport facility, the Kalkaman metro station and ventilation shaft No. 126;
12. Five land plots were purchased for the implementation of the General Plan in Bostandyk region;
13. Eleven land plots were purchased to expand the Zhandosov street from Yassaui to Ryskulov streets;
14. 82 land plots were purchased for the construction of a transport interchange at the intersection of Seifullin Avenue and Zhansugurov Street;
15. Five land plots were purchased for the construction of a road in "Madeniet" microdistrict.

1 resolution was adopted on the reservation of 11 land plots with a total area of ​​9.8543 hectares in 2020:

- in Turksib district - 2 land plots with an area of ​​0.758 hectares;

- in Zhetysu district - 8 land plots, with an area of ​​8, 8221 hectares;

- in Alatau district - 1 land plots with an area of ​​0.2742 hectares.

240 notifications were delivered for 19 objects, all notifications were bailed out on time in accordance with the legislation of the Republic of Kazakhstan in 2020.

The Department purchased plots on the basis of a buyout agreement for 79 land plots and 110 plots were purchased by court decisions in 2020.

Claims were also filed for 91 land plots, due to disagreement with the proposed amount of compensation in accordance with the current legislation of the Republic of Kazakhstan.

 

Lawsuits involving the Department

 

During the reporting period, with the participation of the Department, the city courts considered 280 civil cases as a defendant, a third party, in disputes related to appealing against actions (inaction) of state bodies, disputes between individuals and legal entities, on issues of inheritance, property and others.

Therefrom, 184 claims were dismissed (i.e., the decisions were made in favor of the Department), 45 claims of the plaintiffs were satisfied by the court and 34 cases are under consideration.

In 2020, 52 claims were initiated, 7 claims were satisfied, the rest are pending.

Almaty land relations department