Draft Law of the Republic of Kazakhstan
"On personal subsidiary farms"
The basis for the development of the draft Law "On personal subsidiary farms" is paragraph 18 of the National Action Plan for the implementation of the Address of the Head of State to the People of Kazakhstan dated September 1, 2021 "Unity of the people and systemic reforms – a solid foundation for the prosperity of the country."
The adoption of the draft Law is relevant today, which is confirmed by objective reasons.
Personal subsidiary farms (hereinafter referred to as private farms) produce agricultural products making a significant contribution to ensuring the country's industrial security. Currently, 41.5% of the total gross output of the industry in the country is accounted for by private households.
Private farms do not have access to modern production methods, their huge biological asset is not involved in technological processes and their potential capabilities are not disclosed. Having no access to state support measures, they are forced to compete unequally with organized farms in the domestic food market.
In this regard, in order to clearly regulate the conduct of economic activity, a draft law "On personal subsidiary farms" has been developed.
The draft Law consists of 4 chapters and 19 articles, establishing the principles and mechanisms of state regulation and support for their activities.
Project
LAW OF THE REPUBLIC OF KAZAKHSTAN
About a personal subsidiary farm
This Law defines the legal, organizational and economic foundations of the activities of personal subsidiary farms, the principles and mechanisms of state regulation of their activities.
Chapter 1. General provisions
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) personal subsidiary farm is a type of non–entrepreneurial activity of a citizen and his family members for the production and processing of agricultural products on a land plot located in a locality for their own consumption and sale to meet personal needs without the use of hired workers;
2) cultural (artificial) pastures – pastures with stable highly productive forage lands, equipped with systems and devices to ensure high yields of grass, recreation areas and watering holes for the rational maintenance of farm animals on them and their veterinary service;
3) watered pastures – pastures on the territory of which there are water sources (lakes, rivers, ponds, digs, irrigationor irrigation channels, tubular or shaft wells) capable of providing adequate quality water to the corresponding livestock;
4) farm animals – animals, birds, fish and bees bred by humans for the purpose of obtaining livestock products;
5) the authorized body in the field of personal subsidiary farming (hereinafter – the authorized body) is the central executive body coordinating the development of the agro–industrial complex.
Article 2. Legislation of the Republic of Kazakhstan on personal subsidiary farming
Chapter 2. Competence of state bodies and local self-government bodies in the field of state regulation of the development of personal subsidiary farms
Article 3. Competence of the Government of the Republic of Kazakhstan in the field of state regulation of the development of personal subsidiary farms
The competence of the Government of the Republic of Kazakhstan in the field of state regulation of the development of personal subsidiary farms includes:
1) development and approval of the main directions of the socio-economic policy of the state in the field of development of personal subsidiary farms;
2) organization of international cooperation in the field of development of personal subsidiary farms and their agricultural cooperatives;
3) performing other functions assigned to him by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 4. Competence of the authorized body in the field of state regulation of the development of personal subsidiary farms
The competence of the authorized body in the field of state regulation of the development of personal subsidiary farms includes:
1) implementation of the state policy on the development of personal subsidiary farms;
2) coordination and methodological guidance of local executive bodies in the field of personal subsidiary farms development;
3) monitoring the development of personal subsidiary farms and their agricultural cooperatives;
4) development and approval of the list of information and services to be provided to personal subsidiary farms free of charge;
5) making proposals on improving the regulatory framework in areas affecting the activities of personal subsidiary farms;
6) exercise of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 5. Competence of local representative bodies of regions in the development of personal subsidiary farms
The competence of local representative bodies of the regions in the development of personal subsidiary farms includes:
1) hearing reports of heads of local executive bodies on the development of personal subsidiary farms
and their cooperation;
2) the exercise of other powers in accordance with the legislation
of the Republic of Kazakhstan for the development of personal subsidiary farms.
Article 6. Competence of local executive bodies of oblasts in the development of personal subsidiary farms
The competence of local executive bodies of the regions in the development of personal subsidiary farms includes:
1) regulation of grazing of farm animals on the lands of settlements;
2) organization of the sale of products of private subsidiary farms and their agricultural cooperatives in markets, other retail facilities and social pavilions;
3) development of proposals for state support personal subsidiary farms and their agricultural cooperatives in accordance with this Law and other regulatory legal acts in this area;
4) development and implementation of measures for the transformation of personal subsidiary farms into commercial agricultural production;
5) providing information on the status and development of personal subsidiary farms and their agricultural cooperatives to the authorized body for the development of personal subsidiary farms;
6) exercise in the interests of local public administration of other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Article 7. Competence of local representative bodies of districts in the development of personal subsidiary farms
The competence of local representative bodies of districts in matters of the development of personal subsidiary farms includes hearing reports from the heads of local executive bodies on the development of personal subsidiary farms and their cooperation.
Article 8. Competence of local executive bodies of districts in the development of personal subsidiary farms
The competence of local executive bodies of districts in the development of personal subsidiary farms includes:
1) allocation of pasture, hayfields, arable lands to settlements for the needs of personal subsidiary farms, as well as their agricultural cooperatives in accordance with the requirements of land legislation and paragraph 2 of Article 12 of this Law from among the lands of the reserve land fund, reserve lands, as well as at the expense of the land of existing agricultural formations returned to the state by compensation their costs;
2) organization of involvement of citizens who lead a private subsidiary farm, as well as their agricultural cooperatives in the work on:
creation of cultivated (artificial) and watered pastures, sites and wells for livestock watering;
maintenance of irrigation systems in proper technical condition on the lands of settlements;
sanitary cleaning of the lands of the settlement;
3) in coordination with the main state veterinary and sanitary inspectors, the determination of the route of transportation (movement) of farm animals (cattle tracks).
Article 9. Competence of mayors of villages, settlements, rural districts in the development of personal subsidiary farms
The competence of the akims of villages, settlements, rural districts in the development of personal subsidiary farms includes:
1) maintenance of household accounting in accordance with the statistical methodology approved by the authorized body, organization of registration records in the form approved by the authorized body;
2) organization of involvement of citizens who lead a private subsidiary farm, as well as their agricultural cooperatives in the work on:
creation of cultivated (artificial) and watered pastures, sites and wells for livestock watering;
maintenance of irrigation systems in proper technical condition on the lands of settlements;
sanitary cleaning of the lands of the settlement.
Article 10. Competence of the gathering of residents of villages, settlements, rural districts in the development of personal subsidiary farms
The competence of the gathering of residents of villages, settlements, rural districts in matters of the development of personal subsidiary farms includes hearing the report of the akim of the village on the development of personal subsidiary farms and their cooperation.
Chapter 3. State regulation of development
personal subsidiary farms
Article 11. State regulation of the development of personal subsidiary farms
their effective work in order to improve the standard of living of the rural population.
1) continuity and stability of state support measures;
2) the effectiveness of state regulation measures;
3) priorities for the development of personal subsidiary farms that are part
of agricultural cooperatives that have the potential for economic growth;
4) ensuring the necessary annual amount of state support for the development of personal subsidiary farms that are part of agricultural cooperatives;
5) development of competitive advantages of personal subsidiary farms that are part of agricultural cooperatives;
6) environmental safety of agricultural production in private subsidiary farms that are part of agricultural cooperatives;
7) sanitary and hygienic safety of residents living in rural settlements.
1) crediting of personal subsidiary farms that are part of agricultural cooperatives;
2) organization of leasing of agricultural machinery and technological equipment for agricultural cooperatives;
3) organization and crediting of credit partnerships and agricultural cooperatives that provide loans to private subsidiary farms;
4) subsidies:
interest rates on loans and leasing for agricultural cooperatives of private subsidiary farms;
investment costs of agricultural cooperatives for the purchase of fixed assets of production of agricultural cooperatives of personal subsidiary farms;
volumes of products sold by agricultural cooperatives of private subsidiary farms;
5) making investments in the development of personal subsidiary farms and their agricultural cooperatives;
6) ensuring veterinary and sanitary and quarantine phytosanitary safety;
7) purchase of manufactured products at a guaranteed purchase price;
8) application of other measures in accordance with the legislative acts of the Republic of Kazakhstan.
Article 12. The size of the land plots provided to citizens for conducting personal subsidiary farming, and the standards for keeping farm animals in it
Article 13. The right of citizens to maintain a personal subsidiary farm
Article 14. Rights and obligations of citizens who run a private subsidiary farm
1) use the lands allocated for personal subsidiary farming;
2) in accordance with the procedure established by law, to create agricultural cooperatives, public associations, as well as to be part of them in order to jointly resolve common issues of the activities and functioning of personal subsidiary farms;
3) for reimbursement of the cost of:
seized and destroyed sick agricultural animals, products and raw materials of animal origin that pose a danger to the health of farm animals and humans;
neutralized (decontaminated) and processed without withdrawal of farm animals, products and raw materials of animal origin that pose a danger to the health of farm animals and humans;
4) to provide assistance to specialists in the field of phytosanitary in the performance of their official duties in carrying out phytosanitary measures;
5) erect residential and economic buildings and structures necessary for the conduct of personal subsidiary farming, in accordance with the draft layout of the settlement;
6) create the necessary conditions for carrying out phytosanitary measures;
7) use state support measures in accordance with the legislation and program documents;
8) enjoy other rights established by the legislation of the Republic of Kazakhstan.
1) comply with the established standards and rules for keeping farm animals;
2) ensure the identification of farm animals in accordance with the legislation in the field of veterinary medicine;
3) to provide assistance to specialists in the field of veterinary medicine in the performance of their official duties for the conduct of veterinary activities;
4) create the necessary conditions for carrying out veterinary activities;
5) provide information on personal subsidiary farm to local executive bodies in the manner and cases established by the legislation of the Republic of Kazakhstan;
6) to maintain the fertility and productivity of the lands allocated for personal subsidiary farming;
7) to prevent deterioration of environmental, epizootic, quarantine, phytosanitary and sanitary-hygienic conditions as a result of their activities;
8) bear other obligations established by the legislation of the Republic of Kazakhstan.
Article 15. Termination of personal subsidiary farming
The maintenance of a personal subsidiary farm is terminated from the moment of termination of the rights of a citizen to a land plot on which a personal subsidiary farm is maintained.
Chapter 4. Final provisions
Article 16. International cooperation in the development of personal subsidiary farms
International cooperation in the field of personal subsidiary farming and their cooperation is carried out on the basis of international agreements.
Article 17. Responsibility for violation of the legislation of the Republic of Kazakhstan on personal subsidiary farming
Violation of the legislation of the Republic of Kazakhstan on personal subsidiary farming entails liability in accordance with the laws of the Republic of Kazakhstan.
Article 18. The procedure for the entry into force of this Law
This Law shall enter into force from the date of its official publication.
President of the Republic of Kazakhstan