Acting Head
of the Department
of Agriculture and Land Relations
of Akmola region
S.M. Balzhanov.
ANALYTICAL REPORT
on the results of the internal analysis of corruption risks of the Land Accounting and Land Management Department of the Department of Agriculture and Land Relations of the Akmola region
Based on the results of an internal analysis of corruption risks in the activities of the Land Accounting and Land Management Department of the Akmola Region Land Relations Department (hereinafter referred to as the Department), the following results were revealed.
A joint order approved a working group of 6 people (6 employees of the Department).
The total period of internal analysis: from 13.04.2022 to 22.04.2022.
The analyzed period of activity is from January 1 to December 31, 2021.
The staffing of the department is 5 units, of which the head of the department is 1, the chief specialist is 4 units. Currently, there is 1 vacancy of the chief specialist.
During the analyzed period, the Land Accounting and Land Management Department did not issue regulatory legal acts, while the following work was carried out.
In accordance with the Land Code of the Republic of Kazakhstan, Order No. 160 of the Minister of National Economy of the Republic of Kazakhstan dated December 23, 2014 "On Approval of the Rules for Maintaining the State Land Cadastre in the Republic of Kazakhstan", Order No. 25 of the Chairman of the Statistics Committee of the Ministry of National Economy of the Republic of Kazakhstan dated March 10, 2020 "On Approval of Statistical Forms of Departmental Statistical observations and instructions for filling them out on the land balance, developed by the Land Resources Management Committee of the Ministry of Agriculture of the Republic of Kazakhstan", in order to clarify and update cadastral data, the Department of Land Relations of the Akmola region, according to the schedule of the annual land balance (as of November 1), collected reports from local executive bodies of districts, cities of the region.
The annual land balance approved by the akims of districts and cities of the region was provided on paper, as well as in electronic form.
The land fund of the Akmola region, based on the balance presented by the regions, is 14 million 613.2 thousand hectares, including:
- agricultural lands - 10,914.0 thousand hectares;
- lands of settlements - 1,371.5 thousand hectares;
- lands of industry, transport, communications and other non–agricultural purposes - 109.0 thousand hectares;
- lands of specially protected natural territories - 519.0 thousand hectares;
- lands of the forest fund - 514.8 thousand hectares;
- water fund lands - 200.8 thousand hectares;
- reserve lands - 982.9 thousand hectares
. -lands used by land owners and land users of the city of Nur-Sultan – 1.2 thousand hectares.
In the total structure of the land fund of the region, agricultural lands account for 74.7 % or 10,914.0 thousand hectares.
As of December 31, 2021, agricultural lands comprise 99.7% or 10,887.9 thousand hectares, including arable land – 55.3% (6041.7 thousand hectares), fallow – 2.3% (250.5 thousand hectares), hayfields – 1.4% (152.6 thousand hectares), perennial plantings - 0.01%. (1.7 thousand hectares), pastures – 40.7% (4441.4 thousand hectares).
So, compared to last year, agricultural land in agricultural turnover increased by 65.4 thousand hectares in general, or 0.7%.
At the same time, it should be noted that this year, due to the transformation of agricultural land, the involvement of deposits and the provision on a competitive basis, the total area of arable land compared to last year (5957.7 thousand hectares) increased by 84 thousand hectares (6041.7 thousand hectares), compared to last year there was an increase in pastures (4419.3 thousand hectares) by 22.1 thousand hectares and amounted to (4441.4 thousand hectares).
One of the main functions of the department is to coordinate the organization of land auctions (contests, auctions) by local executive bodies of districts and cities.
In 2021, 196 plots with an area of 98,626 hectares (arable land - 48,598 hectares, pastures – 49,474 hectares, hayfields – 554 hectares) were involved in agricultural turnover in the territory of the region through contests.
During the same period of the current year, 260 land plots were sold through auctions, in the amount of 684 million tenge.
Also, the functions of the department include the issue of coordinating the activities of districts, cities for the provision of land plots for individual housing construction.
As of December 31, 2021, the priority for obtaining land plots for individual housing construction in the territory of Akmola region was 124 816 applications.
The highest priority is in the capital districts of the region Arshalynsky (11,796 units), Tselinogradsky (52,804 units), Shortandinsky (6,499 units) districts, as well as in the regional center ofKokshetau (15,173 units), Kosshy (28,096), and Kurortny Burabay district (5,342 units).
There is no priority for obtaining land plots for individual housing construction in Bulandyn, Egindykol, Yesil, Zhaksyn, Zharkainsky, Sandyktau, Korgalzhynsky districts and Birzhan Sal district.
Information about waiting lists for the provision of land plots for individual housing construction and information about prepared sites for residential housing is posted on the information portals of akims of districts and cities.
This year, more than 1,000 plots have been provided in the region for the purposes of individual housing construction.
According to the portal Qoldau.kz , 2012 land users of unused pasture lands with a total area of 2 million 667 thousand hectares, 530 land plots of unused arable land on an area of 408.3 thousand hectares were formed in the region.
In accordance with the Rules, notifications have been sent to all land users about the need to use pasture lands and arable land.
The following measures have been taken:
- started using on the area – 816.4 thousand hectares (26.5%) (pastures – 662.8 thousand hectares, arable land – 153 thousand 552 hectares.)
- returned to state ownership – 91.2 thousand hectares (2.9%) (pastures - 83.7 thousand ha, arable land – 7 thousand 521 hectares.)
- declared bankrupt, are pledged – 396.8 thousand hectares (12.9%) (pastures – 363.9 thousand hectares, arable land – 32 thousand 952 hectares.)
- irrationally used (over 100%) – 640 thousand hectares (20.7%)
Not counting the lands involved in agricultural turnover, irrationally used lands, as well as liquidated, mistakenly digitized, small–scale, etc. - 1 million 140 thousand hectares of unused land (pastures – 915 thousand) remain in the work of local executive bodies today. ha, arable land – 224.9 thousand hectares.), or 37% of the total area of unused land in the region.
On the territory of the region, as of December 31, 2021, there is a need for pasture lands for grazing livestock in 522 settlements (out of 605 settlements) on an area of 1.7 million hectares.
- when establishing the boundaries of settlements, 33.0 thousand hectares of adjacent reserve lands are included in the boundaries of settlements;
- 2.1 thousand hectares of pasture lands were seized by providing an alternative land plot;
- contracts on the area of 0.7 thousand hectares have been terminated;
- agreements on the use of pastures by the population have been concluded
with the establishment of forestry on an area of 13 thousand ga;
- for haymaking and cattle grazing provided to individuals on an area of 14.7 thousand.ga;
- memoranda have been signed with agricultural producers on the joint use of land on an area of 1.1 million hectares.
In addition, in order to free up land for grazing of the population, explanatory conversations are conducted with individuals who have purchased large and small cattle under state programs about the need for their participation in competitions, according to the Rules for granting the right of temporary paid land use (lease).
Also, 154.2 thousand hectares are assigned to rural districts, including cattle breeding.
Local executive bodies are instructed, if possible (absence of encumbrances, presence of pastures around settlements), to take measures to seize land for state needs.
The Department also provides the organization of explanatory work, over the past 2021, the Department held 21 meetings with akimats of districts (cities), gave 5 interviews on TV channels, printed publications and social networks, published 26 articles on social networks, 2 videos and held a briefing on the results of the activities of the Department at the site "Akmola media Ortalygy".
The provision of public services is not included in the functional responsibilities of the employees of the department.
Legal acts (orders) affecting the activities of the department are issued in accordance with the current legislation and do not contain the occurrence of causes and conditions conducive to the commission of corruption offenses.
No external analysis was carried out by the authorized body in 2021.
The Department does not provide control functions. Consideration of appeals of individuals and legal entities is carried out in accordance with the current legislation. Acts of prosecutorial supervision and judicial acts in relation to the unit were not issued.
There are no comments or violations on publications in the mass media, appeals of individuals and legal entities received by the corruption risks division in the activities of the Land Accounting and Land Management Department. The facts of the conflict of interests in the division have not been revealed.
At the same time, today there are a number of unresolved issues on which there are conflicts of the current legislation.
On the issue of providing land plots for individual housing construction.
On May 6, 2020, the Law "On Veterans" No. 322-VI ZRK was adopted.
According to Articles 10, 11 of this Law, veterans of the Great Patriotic War, veterans of military operations on the territory of other states, as well as veterans equated to veterans of the Great Patriotic War on benefits are provided with social support measures, including one-time priority receipt of land plots for individual housing construction.
At the same time, the land legislation does not provide for the extraordinary provision of land plots. In this case, there are discrepancies in legislative acts.
In this regard, we consider it necessary to make appropriate changes to the Land Code of the Republic of Kazakhstan according to the norms provided for in the Law "On Veterans".
Regarding the provision of agricultural land through competitions.
In paragraph 22 of the "Rules for organizing and conducting a tender for granting the right of temporary paid land Use (lease) for farming or farming, agricultural production" (hereinafter referred to as the Rules), approved by Order No. 518 of the Deputy Prime Minister of the Republic of Kazakhstan dated December 20, 2018, it is prescribed that the commission examines all applications for their compliance, compares applications by assigning points according to the business plan, including the forecast of the volume of investments specified in the competitive appendix.
At the same time, paragraph 23 specifies the criteria for assigning points only on the projected volume of invested investments per 1 ha thousand tenge.
In this regard, we consider it necessary to prescribe in the Rules the methodology for assessing the criteria of the business plan (the area of cultivation of agricultural crops, the number of farm animals, the agricultural technologies used, the availability of agricultural machinery and technological equipment, qualified specialists in the field of agriculture, the number of jobs created).
Also, in accordance with the Rules for the Technical use of audio-video recording tools that ensure the recording of the course of the meeting of the land commission, the storage of audio, video recordings, as well as the Rules for Access to audio, video recordings, the video recording must contain the entire process of holding a meeting of the land commission (continuously), and the persons participating in the meeting of the land commission must be clearly visible, other participants of the meeting of the land commission, as well as persons who have submitted an application for granting rights to a land plot and their representatives, listen to the sound.
Audio and video recording of the course of the meeting of the land commission is carried out continuously. Unauthorized suspension or correction of audio or video recordings of the meeting of the land commission is not allowed.
However, in practice, at a meeting of the land commission, about 50-80 applications are considered on the day of summing up the results of the competition, which takes about 7-8 hours, so we consider it impossible to hold a continuous meeting of the land commission.
In this regard, the commission's continuous consideration of a large number of applications may lead to poor-quality consideration of them (technical reasons, etc.).
In this regard, we consider it necessary to consider making appropriate changes to the Rules for the Technical Use of audio-video recording tools that ensure the recording of the course of the meeting of the land commission, in terms of holding meetings of land commissions with the right to break in case of receipt of more than 10 applications for consideration by the commissions.
Problematic issues in providing the population with pasture lands
According to Article 84 of the Land Code of the Republic of Kazakhstan - for the seizure of land, it is necessary to provide the land user with an equivalent land plot.
However, there are no vacant plots in the reserve lands of the districts corresponding to the location, area and purpose of the seized plots.
Most of the lands around settlements are pledged in second-tier banks and other financial organizations, which makes it impossible for the MIO to take measures to withdraw for state needs.
There are mainly arable lands around the settlements. At the same time, as a result of the application of the procedure for the seizure of these lands for state needs, there is no mechanism for further transformation by akimats of lands received by the state fund from arable land to pastures, as well as carrying out appropriate sowing operations.
There is no mechanism for determining pastures for driving livestock, including the distance from settlements, the procedure for coordination with the local community, the construction of infrastructure on driving pastures.
To solve this problematic issue, we offer the following suggestions:
- to amend the Land Code of the Republic of Kazakhstan regarding the possibility of seizure for state needs of land pledged in second-tier banks and other financial organizations and unhindered removal of encumbrances on the seized land plot;
- to provide for the competence of akimats to carry out the transfer of agricultural land from arable land to pastures with land management works on a gratuitous basis;
- amendments to the current legislation regarding the settlement of the issue of the definition of distilled livestock;
According to the results of the internal analysis, the working group recommended the following in order to prevent the occurrence of causes and conditions conducive to the commission of corruption offenses in its activities, the Land Accounting and Land Management Department:
- in further work, use the recommendations of the authorized anti-corruption body and the norms of anti-corruption legislation;
- to continue the implementation of functional duties in strict accordance with the current legislation;
- strictly comply with the legislation on civil service issues, the Labor and Ethical Code, and other legislative acts of the Republic of Kazakhstan;
- in order to improve the current legislation, make proposals to the Ministry of Agriculture of the Republic of Kazakhstan on the above-mentioned problematic issues.
Chief Specialist of the Department
of Regulation and Coordination
of Land Relations
Department of Agriculture
and Land Relations
Akmola region Kasymzhanov A.A.
Agreed:
Deputy Head
Department of Agriculture
and Land Relations
Akmola region Itkusov H.L.
Head of the Department
of Regulation and Coordination
of Land Relations
Department of Agriculture
and Land Relations
Akmola region Karymsakova R.O.
Head of the Department
of State Technical
Inspection and Mechanization
Department of Agriculture
and Land Relations
Akmola region Talap A.N.
Chief Specialist
of the Department of Agriculture and
Grain Market Regulation of the Department
of Agriculture and Land Relations
Akmola region Litovchenko V.A.