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Appendix 4 to the order Minister of Agriculture Republic of Kazakhstan dated October 1 , 2020 No. 301 |
Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot"
Chapter 1. General provisions
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) authorized body for land relations – a structural subdivision of local executive bodies of the region, city of republican significance, capital, district, 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 specifications for connection to the networks of natural monopolies and services of quasi-public sector entities provided in electronic 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
1) an application for changing the purpose of the 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.
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 through 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.
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.
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.
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.
1) establishing the unreliability of the documents submitted by the service recipient for receiving a public 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. The procedure for appealing decisions, actions (inaction) of service providers, and (or) their officials on the provision of public services
The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
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Appendix 1 to the Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot" |
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Form |
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Akim ______________________ (region, city, district, village, village, rural district ____________________________ last name, first name, patronymic (if any)) from _________________________ (last name, first name, patronymic (if any) ____________________________ an individual ____________________________ or the full name of the legal entity) ____________________________ (individual identification number or ____________________________ business identification number) ____________________________ (details of the identity document ____________________________ a physical or legal representative ____________________________ person, contact phone (if available), address ____________________________ location (for legal entities) or the address ____________________________ of residence (for individuals)) |
Application for changing the purpose of the land plot
I ask you to change the purpose of the land owned by me on the
right of private ownership (land use) located at
_____________________________________________________________________________
______________________________________________ cadastral number ________________________________________________________
with the target destination _________________________on purpose _________________________________________________________
in connection with the ____________________________________________________________________,
(specify the reason for changing the purpose of the land plot)
area_______________ hectare.
Title document No. ____ from ______________ _______ year,
Identification document No. _____ from ______ ________ _______ year.
I agree to the use of information that constitutes a legally protected secret
contained in information systems.
Service recipient ________________________________________________________
(surname, name, patronymic (if any) individuals
or an authorized representative of a legal entity, electronic digital signature)
"____" __________20__ years.
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Appendix 2 to the Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot" |
Standard of the state service "Issuance of a decision to change the purpose of a land plot"
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1 |
Name of the service provider |
Local executive bodies of regions, cities of Nur-Sultan, Almaty, Shymkent, districts and cities of regional significance, akims of a city of district significance, a village, a village, a rural district (hereinafter referred to as the service provider). |
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Methods of providing public services (access channels) |
E-government web portal www.egov.kz (hereinafter referred to as the portal). |
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The term of rendering the state service |
13 (thirteen) working days. |
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4 |
Form of public service provision |
Electronic. |
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5 |
The result of the provision of public services |
The decision of the service provider to change the purpose of the land plot, or a reasoned refusal to provide a public service. |
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6 |
The amount of payment charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
Is free. |
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7 |
Work schedule |
The Portal is open around the clock, except for technical breaks due to repair work (when 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, the application is accepted and the result of the provision of public services is issued on the next working day). Addresses of places where public services are provided are posted on: 1) the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan: www.gov.kz; 2) on the portal. |
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List of documents required for the provision of public services |
1) an application for changing the purpose of the land plot in the form of an electronic document certified by the electronic digital signature of the service recipient; 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 Land Code of the Republic of Kazakhstan dated June 20, 2003 (hereinafter - the Land Code). |
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Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
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 Land 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 Land Code. |
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Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form |
The service recipient has the opportunity to receive information about the procedure and status of the provision of public services in remote access mode through the portal's "personal account", as well as a single contact center. The contact numbers of the help services for the provision of public services are listed on the portal. Unified contact center for the provision of public services: 1414, 8 800 080 7777. |