Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot"

 

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. These Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot" (hereinafter – the Rules) are 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 - the Law) and determine the procedure for the provision of public services "Issuance of a decision to change the purpose of a land plot" (hereinafter – the public service).
  2. 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) 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. 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).
  2. 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 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.

  1. 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" according to 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 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.

  1. An employee of the office of the service provider shall receive and register the documents specified in paragraph 4 of these Rules and transmit 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The responsible executor of the authorized body for land relations prepares materials for consideration by the land commission.
  6. 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.
  7. 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.

  1. 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.
  2. An employee of the office of the service provider sends through the portal to the personal account of the service recipient a corresponding decision in the form of an electronic document signed by the EDS of the authorized person of the service provider.
  3. 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.
  4. 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.

  1. The grounds for refusal to provide a public service are:

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    

  1. A complaint against the decision, action (inaction) of the service provider on the provision of public services is submitted to the head of the service provider, to the authorized body for the assessment and control of the quality 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.

  1. In cases of disagreement with the results of the provision of public services, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.

 

Appendix 1

to the Rules for the provision of

public services

"Issuance of a decision to change the

purpose of a land plot"

 

Form

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

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"

 

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).

2

Methods of providing public services (access channels)

E-government web portal www.egov.kz (hereinafter referred to as the portal).

3

The term of rendering the state service

13 (thirteen) working days.

4

Form of public service provision

Electronic.

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.

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.

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.

8

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).

9

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.

10

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.

 

Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot"значения земельного участка"
Дата публикации
07 октября 2021