Chapter 1. General provisions
These Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter referred to as the Law) and determine the procedure for the provision of public services "Issuance of a decision to change the purpose land plot" (hereinafter referred to as the state service).
The following basic concepts are used in these Rules:
1) personal account – the user's account on the e-government web portal;
2) decisions of local executive bodies – legal acts of local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, as well as akims of cities of district significance, settlements, villages, rural districts on granting the right to a land plot;
3) the land commission is a collegial body under the local executive body established in accordance with Article 43 of the Land Code of the Republic of Kazakhstan dated June 20, 2003 (hereinafter – Code) for consideration of applications (applications) and preparation of conclusions on granting rights to land plots (on determining the winner of the tender for granting the right of temporary paid land use (lease) for farming, agricultural production), on changing the purpose of land plots and on the transfer of water fund lands to lands of other categories;
4) the authorized body for land relations is a structural subdivision of local executive bodies of a region, a city of republican significance, the capital, a district, a city of regional significance, performing functions in the field of land relations;
5) land plot – a part of land allocated within closed borders, assigned in accordance with the Code to the subjects of land relations;
6) public service standard – a list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services;
7) the "electronic government" web portal (hereinafter referred to as the portal) is an information system that represents a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connection to the networks of natural monopolies and services of quasi-public sector entities provided in electronic form. form;
8) electronic digital signature (hereinafter referred to as EDS) is a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of content.
Chapter 2. The procedure for the provision of public services
The state service is provided by local executive bodies of regions, cities of republican significance, the capital, districts and cities of regional significance, akims of a city of district significance, a settlement, a village, a rural district (hereinafter referred to as the service provider).
In order to receive a public service, individuals and legal entities (hereinafter referred to as the service recipient) through the portal send to the service provider:
1) an application for changing the purpose of a land plot in the form according to Annex 1 to these Rules in the form of an electronic document certified by the service recipient's EDS;
2) an electronic copy of the act of the cadastral (estimated) value of the land plot, if its intended purpose is changed, if it is necessary to pay to the budget an amount equal to the cadastral (estimated) value of the land plot, payments to the budget an amount equal to the difference between the cadastral (estimated) value according to paragraph 5 of Article 9 of the Code.
The reclamation of documents from service recipients that can be obtained from information systems is not allowed.
The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is set out in the standard of public services "Issuance of a decision to change the purpose of a land plot" in accordance with Annex 2 to these Rules.
Information about an identity document, about registration (re-registration) of a legal entity, about registration of an individual entrepreneur, or about the beginning of activity as an individual entrepreneur confirming ownership of real estate, about title and identification documents for a land plot, about the absence of encumbrances on a land plot, is processed by the service provider from the relevant state information systems via the gateway of "electronic government".
The status of acceptance of a request for the provision of a public service, as well as a notification indicating the date and time of the provision of a public service, is sent to the service recipient's personal account.
An employee of the office of the service provider accepts and registers the documents specified in paragraph 4 of these Rules and transmits them to the head of the service provider or to the person replacing him on the day of receipt of the application.
If the service recipient applies after the end of working hours, on weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015, documents are accepted and the result of the provision of public services is issued on the next working day.
If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider prepares a refusal to accept the application within 1 (one) business day and sends a notification to the service recipient's personal account in the form of an electronic document signed by the EDS of the authorized person of the service provider.
The head of the service provider or the person replacing him/her gets acquainted with the content of the documents, imposes a resolution and within 1 (one) working day sends an application for changing the purpose of the land plot to the authorized body for land relations or to a structural subdivision in the field of architecture and urban planning, within the competence.
The responsible executor of the authorized body for land relations or structural subdivision in the field of architecture and urban planning, within the competence within 1 (one) working day from the date of receipt of the application determines the possibility of using the land plot for the stated purpose and sends it for approval simultaneously to all interested state bodies, relevant services for engineering and utilities.
The coordinating bodies within 3 (three) working days submit the relevant conclusions on the possibility of using the land plot for the declared intended purpose.
The responsible executor of the authorized body for land relations or a structural subdivision in the field of architecture and urban planning, within the competence, within 1 (one) working day from the date of receipt of the conclusions, prepares a proposal on the possibility of using the land plot for the stated purpose.
The responsible executor of the authorized body for land relations prepares materials for consideration by the land commission.
The conclusion of the land commission is drawn up in two copies in the form of a protocol decision within 5 (five) working days from the date of receipt by the land commission of a proposal on the possibility of changing the purpose of the land plot.
The responsible executor of the Commissioner for Land relations or structural subdivision in the field of architecture and urban planning, within the competence, within 1 (one) working day from the date of receipt of the relevant conclusion of the land commission prepares the appropriate decision of the service provider.
If a decision (order) is made by the akims of a city of district significance, village, village, rural districts, the conclusion of the land commission is sent to the office of the service provider.
The decision of the service provider to change the land plot or a reasoned refusal to provide public services is made within 2 (two) working days from the date of receipt of the relevant conclusion of the land commission.
An employee of the office of the service provider sends a corresponding decision via the portal to the personal account of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.
The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of the provision of public services.
In case of failure of the information system, the service provider immediately notifies the employee of the structural unit of the service provider responsible for the information and communication infrastructure.
In this case, the responsible employee for the information and communication infrastructure draws up a protocol on a technical problem and signs it by the service provider.
The grounds for refusal to provide a public service are:
1) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for the provision of public services with the requirements established by paragraph 5 of Article 9 and paragraph 3-2 of Article 97 of the Code;
3) the negative response of the coordinating bodies to the request for approval, which is required for the provision of public services in accordance with paragraph 5 of Article 49-1 of the Code.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services