"On approval of the rules for the provision of state services in the field of land relations" on amendments to the Order No. 301 of the Minister of Agriculture of the Republic of Kazakhstan dated October 1, 2020. Order No. 287 of August 1, 2023 of the Minister of Agriculture of the Republic of Kazakhstan

   

 

1) Rules for rendering the state service "Land lease term extension";

 

  2) Rules for rendering the state service "Making a decision to change the target purpose of a plot of land";

 

3) Rules for rendering the state service "Transfer of land from urban and rural areas".

 

4) the principles of public service "Acquisition of rights to state-owned land plots that do not require conducting trade (contests, auctions);

 

  5) "Selling a plot of land to private ownership by immediate payment or by installments" state service rules;

 

6) Rules for rendering the state service "Queuing up a plot of land";

 

    

 

  Rules for rendering the state service "Land lease term extension".

 

  Chapter 1. General rules

The rules for the provision of this public service "Land lease term extension" (hereinafter - the Rules) were developed in accordance with Article 10, subsection 1 of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law) and "Land land lease term extension" determines the procedure for providing services (hereinafter referred to as public services).

The following basic concepts are used in these Rules:

       1) State corporation "Government for Citizens" (hereinafter - State Corporation) - State corporation "Government for Citizens" (hereinafter - State Corporation) - services for provision of technical conditions for connection to networks of subjects of natural monopolies and state services in accordance with the legislation of the Republic of Kazakhstan and provision of services of quasi-state sector entities, services on the "one-stop" principle of providing technical conditions for connection of state services, natural monopolies entities to the networks, organization of work on receiving applications for the provision of services of quasi-state sector entities and providing their results to the recipient of the service, as well as electronic a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services in the form of state registration of rights to real estate according to its location;

 

       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, towns, villages, rural districts of regional significance on granting rights to land;

 

       3) the authorized body on land relations is a structural division of the local executive bodies of the region, city of republican significance, capital city, district, city of regional significance that performs functions in the field of land relations;

 

        4) plot of land - a piece of land divided within a closed border, which is assigned to subjects of land relations in accordance with the procedure established by the Land Code of the Republic of Kazakhstan (hereinafter - the Code);

 

       5) web portal of "electronic government" (hereinafter - the web portal) - all consolidated government information, including the regulatory legal framework, and services for providing technical conditions for connecting to the networks of natural monopolies and quasi-state sector entities information system with a single access window;

 

        6) the user's cabinet on the web portal "electronic government" (hereinafter - personal cabinet) - the issues of providing services in electronic form between individuals and legal entities of the web portal "electronic government", issues related to the entities that consider the applications of the specified persons, as well as independent a component for official information interaction on issues of data use;

 

       7) electronic digital signature (hereinafter referred to as electronic signature) is a set of digital symbols created by means of electronic digital signature and confirming the correctness of an electronic document, its ownership and immutability of its content.

 

  Chapter 2. Procedure for rendering public service

 

Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional significance, mayors of cities of regional significance (hereinafter - the service provider) provide public services to individuals and legal entities (hereinafter - the recipient of the service).

        The list of basic requirements for the provision of the state service "Land lease term extension" (hereinafter - the List) is presented in Appendix 1 to these Rules.

 

In accordance with Appendix 2 to these Rules, the application for the extension of the land plot lease term and the documents specified in Item 8 of the List are accepted through the portal.

       If the recipient of the service does not submit a complete set of documents and (or) submits expired documents, the service provider will refuse to accept the application.

 

The service provider provides information on identity document, registration (re-registration) of a legal entity, registration of an individual entrepreneur or the beginning of activity as an individual entrepreneur confirming the ownership of real estate, documents establishing title to a plot of land and identification documents, and information on the absence of encumbrances on a plot of land requires from relevant state information systems.

       With the consent of the owner of the document presented by the subscriber's mobile number registered on the portal, the provider of the service can issue a one-time password from the digital documents service through the implemented integration of digital documents.

 

Rules for rendering the state service "Making a decision to change the target purpose of a plot of land".

 

  Chapter 1. General rules

 

 

 

The rules for rendering this state service "Making a decision to change the target purpose of a land plot" were developed in accordance with Article 10, subsection 1) of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law) and the state service "Making a decision to change the target purpose of a land plot" ( hereinafter - state service) determines the procedure for rendering.

The following basic concepts are used in these Rules:

       1) 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, towns, villages, rural districts of regional significance on granting rights to a plot of land;

 

        2) land commission - in accordance with Article 43 of the Land Code of the Republic of Kazakhstan (hereinafter - the Code) on considering applications (applications) and granting rights to land plots (the right to use (lease) land for a temporary compensation for running a farm or farm, agricultural production a collegial body under the local executive body established to prepare conclusions on determining the winner of the awarding competition), on changing the target purpose of land plots and on transferring water reserve lands to lands of other categories;

 

       3) the authorized body on land relations is a structural subdivision of the local executive bodies of the region, city of republican significance, capital, district, city of regional significance that performs functions in the field of land relations;

 

       4) land development project - a scheme (plan) of a plot of land, information about the area of a plot of land, its boundaries and location, information about mixed owners and land users of plots of land, and information about encumbrances and servitudes on plots of land;

 

        5) plot of land - a piece of land divided by closed borders, assigned to subjects of land relations in accordance with the procedure established by the Land Code of the Republic of Kazakhstan (hereinafter - the Code);

 

       6) the automated information system of the state land cadastre (hereinafter referred to as the State Land Cadastre) is an information system for conducting the state land cadastre, which includes qualitative and quantitative characteristics of land plots, including their boundaries, as well as data on the owners and land users of land plots;

 

       7) the user's cabinet on the web portal of "electronic government" (hereinafter - the personal cabinet) - official information mutual business on the issues of electronic provision of services by individuals and legal entities with state bodies, addressing the entities that consider the applications of these individuals, as well as the use of personal data - a component of the "electronic government" web portal for action;

 

       8) web portal of "electronic government" (hereinafter referred to as the portal) - access to all consolidated government information, including the regulatory legal framework, and state services provided in electronic form, services for issuing technical conditions for connecting to networks of natural monopolies, and services of quasi-state sector entities information system with a single window;

 

       9) electronic digital signature (hereinafter referred to as electronic signature) is a set of digital symbols created by means of electronic digital signature and confirming the correctness of an electronic document, its ownership and immutability of its content.

 

  Chapter 2. Procedure for rendering public service

 

Local executive bodies of oblasts, Astana, Almaty and Shymkent cities, districts, cities of regional significance, cities of regional significance, akim of a village, village, rural district (hereinafter referred to as the service provider) provide public services to individuals or legal entities (hereinafter referred to as the service provider). service recipient) shows.

        The list of the main requirements for the provision of the state service "Decision to change the target purpose of a plot of land" (hereinafter - the List) is presented in Appendix 1 to these Rules.

 

In accordance with Appendix 2 to these Rules, the request for a decision to change the target purpose of the land plot and the documents specified in item 8 of the List are accepted through the service provider or through the portal.

       When providing public service in paper form, the date of receipt of applications and documents is not included in the period of providing public service.

 

       If the service recipient does not submit a complete set of documents in accordance with the List and (or) submits expired documents, the service provider will refuse to accept the application.

 

About the identity document, registration (re-registration) of a legal entity, registration of an individual entrepreneur or real estate

 

 

Rules for rendering the state service "Transfer of land from urban and rural areas".

 

  Chapter 1. General rules

 

The rules for providing public services "Transfer of land from urban and rural lands" (hereinafter - the Rules) were developed in accordance with subsection 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law) and "Land from urban, rural lands" provision of the plot" determines the procedure for providing state services (hereinafter referred to as state services).

The following basic concepts are used in these Rules:

       1) State Corporation "Government for Citizens" (hereinafter - the State Corporation) - provision of public services in accordance with the legislation of the Republic of Kazakhstan, services for the provision of technical conditions for connecting to the networks of entities of natural monopolies and services of entities of the quasi-state sector, provision of state services according to the principle of "one window" , established and located by the decision of the Government of the Republic of Kazakhstan for the provision of technical contracts for connection to the networks of entities of natural monopolies, the organization of work on receiving applications for the provision of services of entities of the quasi-state sector and providing their results to the recipient of the service, as well as ensuring the provision of public services in electronic form a legal entity that carries out state registration of rights to immovable property on land;

 

       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, towns, villages, rural districts of regional significance on granting rights to land;

 

       3) the authorized body on land relations is a structural subdivision of the local executive bodies of the region, city of republican significance, capital city, district, city of regional significance that performs functions in the field of land relations;

 

        4) plot of land - a piece of land divided by closed borders, which is approved to subjects of land relations in accordance with the procedure established by the Land Code of the Republic of Kazakhstan;

 

       5) automated information system of the state land cadastre (hereinafter referred to as the State Land Cadastre Information System) is an information system for conducting the state land cadastre, which includes qualitative and quantitative characteristics of land plots, including their borders, as well as information about the owners and land users of land plots ;

 

       6) web portal of "electronic government" (hereinafter referred to as the portal) - access to all consolidated government information, including the regulatory legal framework, and state services provided in electronic form, services for issuing technical conditions for connection to the networks of natural monopolies, and services of quasi-state sector entities information system that is a single window;

 

       7) user account on the web portal of "electronic government" (hereinafter - personal account) - official information interaction on issues of providing services by individuals and legal entities in electronic form with state bodies, applying to entities that consider the applications of specified individuals, as well as on issues of using personal data - a component of the "electronic government" web portal for the movement;

 

       8) electronic digital signature (hereinafter referred to as electronic signature) is a set of digital symbols created by means of electronic digital signature and confirming the correctness of an electronic document, its ownership and immutability of its content.

Chapter 2. State service procedure

 

Local executive bodies of oblasts, Astana, Almaty and Shymkent cities, districts and cities of regional significance, akims of cities, towns, villages, rural districts of regional significance (hereinafter - the service provider) provide public services to individuals or legal entities (hereinafter - the service provider service recipient) shows.

        The list of the main requirements for the provision of the state service "Transfer of a plot of land from urban and rural areas" (hereinafter - the List) is presented in Appendix 1 to these Rules.

 

In accordance with Appendix 2 to these Rules, the application for the transfer of a plot of land from the village, rural areas and the documents specified in item 8 of the List and the delivery of public service results are carried out through the State Corporation or through the portal.

       When providing public service in paper form, the date of receipt of applications and documents is not included in the period of providing public service.

 

       In cases where the recipient of the service has not submitted a complete set of documents in accordance with the List and (or) has submitted expired documents, the service provider, the employee (operator) of the operating room of the State Corporation shall refuse to accept the application.

 

About identity document, registration (re-registration) of a legal entity, about registration of an individual entrepreneur or about the start of activity confirming ownership of real estate as an individual entrepreneur, about documents confirming ownership of real estate, establishing title to a plot of land and identification documents, state service The provider of the service requires information about payment from the relevant state information systems.

       The provided service providers receive digital documents from the digital documents service through the implemented integration by providing a one-time password through the subscriber number of the user's mobile connection registered on the portal or by sending a short text message in response to the portal message, subject to the consent of the owner of the presented document.

 

       Processing of personal data contained in information systems and data constituting a secret protected by law is carried out by the service provider with the consent of the recipient of the service when registering on the portal.

 

       A notification is sent to the personal account of the recipient of the service, indicating the status of the application for public service and the date and time of public service.

 

       After the end of the working hours of the recipient of the provided service, in accordance with the labor legislation of the Republic of Kazakhstan, when applying on weekends and holidays, documents will be accepted and the result of public service will be issued on the next working day.

 

When the recipient of the service applies through the State Corporation, the public service is provided in two stages.

       The first stage: determination of the possibility of using the requested plot of land according to the declared target purpose, preparation of the act of selection of the plot of land, preparation of the architectural and planning task, technical conditions for connecting to engineering networks and topography - within 28 (twenty-eight) working days:

 

       1) the worker (operator) of the operating room receives and registers the documents specified in the List within 30 (thirty) minutes;

 

        2) the worker (operator) of the operating theater delivers the documents received from the recipient of the service to the service provider within 2 (two) hours on the day of receipt of the documents by courier;

 

       3) the management of the service provider reviews the received documents within 1 (one) working day and sends them to the authorized body in the field of architecture and urban planning;

 

       4) the head of the authorized body in the field of architecture and urban planning reviews the documents, determines the responsible executor on the date of receipt of the documents;

 

       5) the responsible executor of the authorized body in the field of architecture and urban planning prepares an act of selection of a plot of land with an environmental scheme, an architectural-planning order, a questionnaire for obtaining technical conditions, topography within 7 (seven) working days in accordance with the approved urban planning documents and simultaneously agrees on them. sent to all interested state bodies, relevant services, subjects of natural monopolies and the State Corporation through the information systems of state bodies, or in the absence of such systems in the coordinating bodies, on paper carriers.

 

       Negotiating bodies shall submit an appropriate conclusion on the possibility of transferring a plot of land for the stated target purpose within 12 (twelve) working days.

 

       Subjects of natural monopolies prepare and submit technical conditions for connection to engineering networks within 5 (five) working days from the date of receipt of the questionnaire, the environmental scheme and topography.

Information on the requested land plot and an estimate for land cadastral works are attached to the conclusion of the state corporation.

 

       If the requested plot of land is not available, within 3 (three) working days, the relevant information is sent to the structural department of the local executive body that performs functions in the field of architecture and urban planning, which is the basis for refusing to grant the right to the plot of land.

 

       6) in case of receiving positive conclusions - the authorized body in the field of architecture and urban planning within 5 (five) working days sends the head of the authorized body in the field of architecture and urban planning the architectural-planning assignment, technical conditions for connecting to engineering networks and topography, the final decision on the selection of the land plot prepares the act and sends it for signature.

 

        When there are grounds for refusal to provide public services - the authorized body in the field of architecture and urban planning prepares a notice of a preliminary decision on refusal to provide public services in accordance with Appendix 3 to these Rules within 1 (one) working day, and in the field of architecture and town planning sends to the head of the authorized body for signature;

 

       7) the head of the authorized body in the field of architecture and urban planning reviews and signs the act of selecting a plot of land or a notice of a preliminary decision to refuse to provide public services on the day the document is received;

 

       8) the responsible executor of the authorized body in the field of architecture and urban planning sends to the State Corporation the act of selecting a plot of land and an estimate for land cadastral works (creating a land cadastral plan) for agreement with the recipient of the service.

 

       Approval of the final act of selection and payment of fees for his services in land cadastral work shall be carried out by the applicant within 3 (three) working days. The term of validity of the land plot selection act, which is not agreed with the applicant, is 10 (ten) working days.

 

       After agreeing on the act of selection of the land plot, the recipient of the provided service shall give the recipient of the service a notice of the date of obtaining a temporary (short-term, long-term) paid (non-paid) land use contract for signing.

 

       After the expiration of the specified period, the State Corporation returns to the authorized body in the field of architecture and urban planning, notifying the recipient of the service, to cancel the act of selection of the non-agreed plot of land.

 

       The second stage: when the service recipient agrees on the act of selecting a plot of land and pays for the services of land cadastral works, attaching a land cadastral plan, issuing a decision on granting land use rights to a plot of land, temporary (short-term, long-term) reimbursable (non-reimbursable) ) drawing up a land use contract - within 18 (eighteen) working days:

 

       1) The state corporation prepares a land-cadastral plan within 10 (ten) working days and sends it to the authorized body on land relations;

 

       2) the head of the authorized body on land relations reviews, approves the land cadastral plan and designates the responsible executor of the authorized body on land relations within 3 (three) working days;

 

       3) in the absence of grounds for refusing to provide public services, the responsible executor of the authorized body on land relations prepares a draft of the decision on granting rights to the land plot of the service provider within 3 (three) working days from the moment of approval of the land cadastral plan.

 

       If the mayors of towns, villages, rural districts make a decision, the approved land-cadastral plan is sent to the office of the service provider;

 

       4) within 1 (one) working day, the head of the service provider reviews and signs the decision on granting the right to the land plot.

 

       A copy of the service provider's decision on granting a right to a plot of land, a land cadastral plan is sent to the authorized body on land relations for the preparation of a temporary (short-term, long-term) compensable (non-compensatory) land use contract within 1 (one) working day;

 

       5) the decision of the service provider to grant the right to the land plot and the temporary (short-term, long-term) compensable (non-compensatory) land use contract signed by the authorized body on land relations are sent to the recipient of the service through the State Corporation for signature;

 

       6) the clerk of the service provider registers the result of the public service within 15 (fifteen) minutes and gives it to the State Corporation for delivery by courier, as well as for recording in the land cadastral documentation;

 

       7) delivery of ready-made documents to the recipient of the service is carried out on the basis of a receipt, upon presentation of an identity card or an electronic document from the digital documents service (for identification) (or a document confirming authority to his representative).

6) the service recipient signs a temporary (short-term, long-term) compensated (non-compensated) land use contract within 3 (three) working days after receiving the notification.

 

 

 

When there are grounds for refusal to provide public service, the hearing procedure is conducted in accordance with Article 73 of the Code of Administrative Procedure and Procedure of the Republic of Kazakhstan (hereinafter referred to as the Code of Administrative Procedure of the Republic of Kazakhstan).

        Based on the results of the hearing, the provider of the service will prepare the act of selecting a plot of land with an environmental scheme, create an architectural-planning task, technical conditions for connecting to engineering networks and topography, issue a decision on granting land use rights to a plot of land, including a land-cadastral plan, temporary (short makes a decision on entering into a salaried (non-remunerated) contract or a reasoned refusal to provide public services.

 

       A reasoned refusal to provide a public service shall be sent to the "private office" of the recipient of the service in the form of an electronic document with the ETC of the authorized person of the service provider or submitted through the service provider.

 

The provider of the provided service ensures that data on the stage of public service provision is entered into the information system of monitoring the provision of public services.

       The Ministry of Agriculture of the Republic of Kazakhstan shall send information about changes and (or) additions to these Rules to the operator of the information and communication infrastructure of the "electronic government", the service provider and the Unified Communication Center within 3 (three) working days from the date of approval or modification of these Rules.

 

When the information system fails, the service provider immediately informs the employee of the service provider's structural department responsible for the information and communication infrastructure.

       The employee responsible for the information and communication infrastructure makes a protocol about the technical problem and it is signed by the service provider.

 

The provider of the provided service refuses to provide public service on the grounds specified in item 9 of the List.

  Chapter 3. Procedure for complaining about the decisions, actions (inaction) of the service providers and (or) their officials on issues of public service provision

 

Complaints about the decision, action (inaction) of the service provider on issues of public service provision shall be submitted to the head of the service provider, to the authorized body for assessment and control of the quality of public service provision.

        If a complaint is received in accordance with paragraph 4 of Article 91 of the Code of Criminal Procedure of the Republic of Kazakhstan, the service provider shall send it to the body that will consider the complaint within 3 (three) working days from the date of receipt. The service provider will not send a complaint to the body (superior administrative body and (or) official) that will consider the complaint if an appropriate act is adopted within 3 (three) working days and an administrative action is taken that fully satisfies the requirements specified in the complaint.In accordance with Article 25, Clause 2 of the Law, the complaint of the recipient of the provided service:

       service provider - within 5 (five) working days from the date of registration;

 

       the authorized body for evaluation and control of the quality of public services - it must be considered within 15 (fifteen) working days from the date of registration.

 

        The term of consideration of the complaint of the provider of the provided service, the authorized body for assessment and control of the quality of public service provision, in accordance with paragraph 4 of Article 25 of the Law:

 

       1) additional study or inspection on the complaint or visit to the local area;

 

       2) in cases where it is necessary to obtain additional information, it is extended for a period not exceeding 10 (ten) working days.

 

        In the event of an extension of the complaint consideration period, the official authorized to consider the complaint shall inform the recipient of the service that submitted the complaint within 3 (three) working days of the extension of the complaint consideration period, indicating the reason for the extension, in written form (when the complaint is submitted by paper delivery) or informs in electronic form (when submitting a complaint electronically).

If the law does not provide otherwise, in accordance with paragraph 5 of Article 91 of the Criminal Code of the Republic of Kazakhstan, it is allowed to appeal to the court after filing a pre-trial complaint.

"Kent, from rural areas

transfer of land"

state service

to the principles of display

Appendix 1

 

  The list of the main requirements for the provision of the state service "Transfer of a plot of land from urban and rural areas".

 

1

 

The name of the service provider

 

Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional significance, mayors of cities of regional significance, towns, villages, rural districts (hereinafter - service provider).

 

 

 

2

 

2

 

Public service delivery methods

 

Through the web portal "Electronic Government" (hereinafter - the portal) and the state corporation "Government for Citizens".

 

 

 

3

 

Term of public service

 

The first stage: determination of the possibility of using the requested plot of land for its stated purpose, preparation of the act of selection of the plot of land, creation of an architectural-planning order, technical conditions for connecting to engineering networks and topography - within 28 (twenty-eight) working days.

 

The second stage: agreeing on the act of selecting a plot of land and issuing a decision on granting land use rights to a plot of land by attaching a land cadastral plan when the recipient of the service pays for the services of land cadastral works, temporary (short-term, long-term) reimbursable (non-reimbursable) ) conclusion of the land use contract - within 18 (eighteen) working days.

 

 

 

4

 

Form of public service

 

Electronic (partially automated)/paper.

 

 

 

5

 

Result of public service

 

The decision of the provider of the rendered service to grant the right to a plot of land and to conclude a temporary (short-term, long-term) compensable (non-compensatory) land use contract, or a reasoned refusal to provide public services, along with a land cadastral plan.

 

 

 

6

 

The amount of payment received from the recipient of the service during the provision of public service and the methods of receiving it in the cases provided by the legislation of the Republic of Kazakhstan

 

  The cost of public services "On approval of the prices of goods (works, services) produced and (or) sold by the state corporation "Government for Citizens" Order No. 87 of the Acting Minister of Investments and Development of the Republic of Kazakhstan dated January 26, 2016 (in the state registration register of normative legal acts registered as No. 13353) is calculated in accordance with paragraph 28 of Appendix 3.

 

Payment of the cost of state services is carried out in cash and non-cash form through second-level banks and organizations that carry out certain types of banking operations, as well as in non-cash form through the payment gateway of "electronic government" (hereinafter - ЕУТШ). .

 

Preparation of a land cadastral plan for a plot of land for orphans and children left without parental care for the period up to eighteen years of age is carried out on a free basis.

 

 

 

7

 

Work schedule of the provided service provider and information objects

 

1) "Government for Citizens" state corporation - in accordance with the working schedule of public service centers, except for Sundays and holidays, in accordance with the Labor legislation of the Republic of Kazakhstan;

 

  2) portal - 24 hours a day, except for technical interruptions due to maintenance work (if the recipient of the service applies after the end of working hours in accordance with the Code, on weekends and holidays, the application will be accepted and the result of public service will be provided on the next working day).

 

Addresses of public services:

 

1) on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan www.gov.kz;

 

  2) on the Internet resource of the service provider www.gov4c.kz;

 

  3) posted on the portal.

 

 

 

8

 

List of documents and information required from the recipient of the service to provide the public service

 

first stage:

 

  1. For private housing construction:

 

1) application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the rules of public service provision "Granting a plot of land for construction of an object within the limits of the settlement" (hereinafter - the Rules);

 

2) plot layout scheme.

 

  1. In order to implement investment projects in accordance with Article 284 of the Entrepreneurial Code of the Republic of Kazakhstan:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) the decision of the regional coordination council to determine the investment project for the transfer of land plots from state ownership.

 

  1. In accordance with Article 71 of the Land Code of the Republic of Kazakhstan (hereinafter - the Land Code), for the construction of buildings (buildings, constructions) and their engineering and communication networks in the territory previously explored for construction purposes, if they were previously owned by third parties, rights to land plots were purchased. details if received
  2. In accordance with Article 71 of the Land Code of the Republic of Kazakhstan (hereinafter - the Land Code), for the construction of buildings (buildings, constructions) and their engineering and communication networks in the territory previously explored for construction purposes, if they were previously owned by third parties, rights to land plots were purchased. if received, within the limits of the planned construction according to the detailed planning project:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) permission to conduct search operations.

 

  1. In accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones, to a participant of a special economic zone or an industrial zone of republican or regional importance, to a management company of a special economic zone or an industrial zone:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) a document confirming the participation of a special economic zone or an industrial zone.

 

  1. To build investment projects that ensure the achievement of the objects, state interests and goals of public importance provided for in the documents of the State Planning System of the Republic of Kazakhstan:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) decision of the local executive body and recognition of the project as investment.

 

  1. In accordance with paragraph 3 of Article 9 of the Land Code, domestic industrial enterprises:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) drawing (plan) of the requested plot of land.

 

  1. to private partners for implementation of public-private partnership projects or to concessionaires for implementation of concession projects:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) public-private partnership agreement or concession agreement.

 

  1. To social-entrepreneurial corporations for the implementation of investment and innovation projects:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) public-private partnership agreement or concession agreement.

 

  1. For the implementation of industrial-innovative projects, subjects of industrial-innovative activity:

 

1) Application for the transfer of a plot of land for the construction of an object within the settlement according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) decision of the local executive body and recognition of the project as investment.

 

The second stage: a copy/electronic copy of the deed of selection of the agreed plot of land, a payment document confirming the payment for the services of land-cadastral works.

 

 

 

9

 

  Grounds for refusing to provide public services established by the laws of the Republic of Kazakhstan

 

1) identification of the incorrectness of the documents and (or) the data (information) provided by the recipient of the service for obtaining the state service;

 

  2) the recipient of the service and (or) the proposed materials, data and information necessary for the provision of public services in the sixth part of Article 43, paragraph 3, the second part of Article 49-2, paragraph 6, 2 and 2-1 of Article 50 of the Land Code - non-compliance with the requirements established in clauses;

 

  3) Negative response of the contracting authorities to the request for approval required for the provision of public services in accordance with Article 44-1, Clause 4 of the Land Code.

 

 

 

10

 

Taking into account the specifics of public service provision, including other requirements provided in electronic form

 

The recipient of the provided service has the opportunity to receive information about the order and status of the state service in the "personal cabinet" of the portal, as well as in the remote access mode through the unified contact center.

 

Contact numbers of reference services on issues of public service provision are listed on the portal. Single contact center for public service issues: 1414, 8 800 080 7777.

 

"Kent, land from rural areas

transfer of plot"

state service

to the principles of display

Appendix 2

 

 

       Object

 

 

 

______________________

(region, city, district)

Mayor

(name, patronymic (if any),

last name)

________________

(name of individual,

  father's name (if any), last name

  or full legal entity

name)

____________________________

(personal identification number

or business matching

number)

____________________________

(identity card

document details)

____________________________

of an individual or representative

contact of a legal entity

phone number (if any),

____________________________

location,

address (legal entities

for)

____________________________

or residential address

(for individuals)

 

  Application for transfer of a plot of land from Kent, rural areas

 

        ________________________________________________________ to build

 

        (name of the planned construction object, storey)

 

        ______________________________________________________ is located

 

       location of the plot of land)

 

        temporary compensatory land use of a land plot with an area of __________ hectares

 

       I ask you to give it for the period of ____________year.

 

       (estimated construction area)_________________________

 

        Information contained in information systems, constituting a secret protected by law

 

        I agree to use.

 

        Placement of the requested land plot in electronic or paper format

 

       The situational scheme is attached to the application.

 

        The recipient of the provided service _________________________________________________

 

       (name, patronymic (if any), last name, signature/electronic digital signature)

 

 

 

"Kent, from rural areas

transfer of land"

public service

to the principles of display

Appendix 3

 

        Object

 

  Notice of preliminary decision on refusal to provide public service Dear _____________________

 

        Article 73 of the Administrative Procedural Code of the Republic of Kazakhstan

 

        In accordance with paragraph 1, with this notice, you will receive a "Plot of land from urban and rural areas

 

        We inform you that we will refuse to provide public services because

 

        ____________________________________________

 

        __________________________________________________________________________

 

       (list the reason for refusal)

 

        The hearing on the issue of refusal is 2 (two) from the date of sending this notice.

 

        After the working day, you will take your position on this decision

 

       you can express (write as needed):

 

       _________________________________________________________________

 

        (date and time of audition, place (method) of audition): at

 

       in the building/via video conference/other means of communication)

 

       The provider of the provided service _____________________________________________

 

       (head's signature/electronic digital signature, name, patronymic (if any), surname)

 

       " " _________ of 20 ___

 

 

 

Provision of public services "Acquisition of rights to state-owned land plots that do not require trading (auctions)"

 

  Chapter 1. General rules

 

The rules for the provision of public services "Acquiring rights to state-owned land plots that do not require trading (auctions)" (hereinafter - the Rules) are in accordance with Article 10, subsection 1) of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law) was developed and defines the procedure for the provision of the state service "Acquisition of rights to state-owned land plots that do not require trading (auctions)" (hereinafter - state service).

The following basic concepts are used in these Rules:

       1) State corporation "Government for Citizens" (hereinafter - State Corporation) - State corporation "Government for Citizens" (hereinafter - State Corporation) - services for provision of technical conditions for connection to networks of subjects of natural monopolies and state services in accordance with the legislation of the Republic of Kazakhstan and provision of services of quasi-state sector entities, services on the "one-stop" principle of providing technical conditions for connection of state services, natural monopolies entities to the networks, organization of work on receiving applications for the provision of services of quasi-state sector entities and providing their results to the recipient of the service, as well as electronic a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services in the form of state registration of rights to real estate according to its location;

 

       3) 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, towns, villages, rural districts of regional significance on granting rights to land;

 

        4) land commission - in accordance with Article 43 of the Land Code of the Republic of Kazakhstan (hereinafter - the Code) on consideration of applications (applications) and on granting rights to land plots (the winner of the competition on granting the right to use (lease) land for a temporary compensation for running a farm or farm on determination), a collegial body established to prepare conclusions on changing the target purpose of land plots and transferring water reserve lands to lands of other categories;

 

        5) the authorized body on land relations is a structural subdivision of the local executive bodies of the oblast, city of republican significance, capital, district, city of regional significance that performs functions in the field of land relations;

 

        6) land plot - a part of land divided within a closed border, which is assigned to subjects of land relations in accordance with the procedure established by the Code;

 

       7) the automated information system of the state land cadastre (hereinafter referred to as the State Land Cadastre) is an information system for conducting the state land cadastre, which includes qualitative and quantitative characteristics of land plots, including their borders, as well as information about the owners and land users of land plots ;

 

        8) web portal of "electronic government" (hereinafter referred to as the portal) - access to all consolidated government information, including the regulatory legal framework, and state services provided in electronic form, services for issuing technical conditions for connecting to networks of natural monopolies, and services of quasi-state sector entities information system that is a single window;

 

       9) the user's cabinet on the web portal of "electronic government" (hereinafter - the personal cabinet) - official information mutual business on the issues of electronic provision of services by individuals and legal entities with state bodies, addressing the entities that consider the applications of these individuals, as well as the use of personal data - a component of the "electronic government" web portal for action;

 

       10) electronic digital signature (hereinafter referred to as electronic signature) is a set of digital symbols created by means of electronic digital signature and confirming the correctness of an electronic document, its ownership and immutability of its content.

Chapter 2. Procedure for rendering public service

 

Government services are provided by akims of oblasts, cities of Astana, Almaty and Shymkent, districts and cities of regional significance, towns, villages, rural districts (hereinafter - the service provider) to individuals or legal entities (hereinafter - the service recipient). shows.

        The list of the main requirements for the provision of the state service "Acquisition of rights to state-owned land plots that do not require trading (auctions)" (hereinafter - the List) is shown in Appendix 1 to these Rules.

 

In accordance with Appendix 2 to these Rules, the application for obtaining rights to state-owned land plots that do not require trading and the documents specified in Item 8 of the List and the provision of public service results are carried out through the State Corporation or through the portal.

       When providing public service in paper form, the date of receipt of applications and documents is not included in the period of providing public service.

 

       In cases where the recipient of the service has not submitted a complete set of documents in accordance with the List and (or) has submitted expired documents, the service provider and the employee (operator) of the operating room of the State Corporation will refuse to accept the application.

 

Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur or the start of activity confirming ownership of real estate as an individual entrepreneur, documents establishing title to a plot of land and identification documents, payment for public services the service provider requires from the relevant state information systems.

       The provided service providers receive digital documents from the digital documents service through the implemented integration by providing a one-time password through the subscriber number of the user's mobile connection registered on the portal or by sending a short text message in response to the portal message, subject to the consent of the owner of the presented document.

 

       Processing of personal data contained in information systems and data constituting a secret protected by law is carried out by the service provider during registration on the portal with the consent of the recipient of the service.

 

       A notification is sent to the personal account of the recipient of the service, indicating the status of the application for public service and the date and time of public service.

 

       After the end of the working hours of the recipient of the provided service, in accordance with the labor legislation of the Republic of Kazakhstan, when applying on weekends and holidays, documents will be accepted and the result of public service will be issued on the next working day.

When applying through a public corporation, the public service is provided in two stages.

       The first stage: determination of the possibility of using the requested land plot according to the declared target purpose in accordance with territorial zoning, preliminary selection of the land plot (except for the construction of objects within the settlement, when requesting a plot of land for the construction of objects), preparation of the conclusion of the land commission - 12 (twelve ) during the working day:

 

        1) the worker (operator) of the operating room receives and registers the documents specified in the List within 30 (thirty) minutes on the day of receiving the documents;

 

       2) the worker (operator) of the operating room delivers the documents received from the recipient of the service to the provider of the service by courier within 2 (two) hours on the day of receipt of the documents;

 

       3) the head of the service provider or the person who replaces him shall review the documents within 1 (one) working day and, within the limits of his competence, to determine the possibility of using the requested land plot for the purpose declared in accordance with the division of territorial zones, to the authorized bodies in the field of land relations and in the field of architecture and urban planning. sends.

 

       If the recipient of the service is in the register of people whose land plots have been forcibly taken away, the employee of the authorized body on land relations prepares a reasoned refusal to further consider the application within 1 (one) working day and sends a notice to the personal cabinet in the form of an electronic document with the EDC of the head of the authorized body on land relations sends;

 

       4) authorized bodies in the field of land relations and architecture and urban planning within 7 (seven) working days from the moment of receipt of the application determine the possibility of using the requested plot of land according to the stated target purpose in accordance with the territorial zoning and submit the materials to the land commission;

 

       5) the conclusion of the land commission is made in triplicate in the form of a protocol decision within 2 (two) working days from the time the authorized body on land relations submits to the land commission a proposal on the possibility of using the requested land plot according to the stated target purpose in accordance with the division into territorial zones;

 

        6) the employee of the authorized body on land relations sends a copy of the conclusion of the land commission to the recipient of the service in one of the following ways within 1 (one) working day:

hand to hand;

 

       in the form of registered mail with delivery notice;

 

       with an electronic document signed with an electronic digital signature;

 

       to the e-mail address of the applicant signed by the head of the service provider.

 

       In the case of a positive conclusion of the Land Commission - it is sent to the recipient of the service for the preparation of the land settlement project, in the case of a negative conclusion of the Land Commission - within three working days after the expiry of the period of appeal to the protocol decision of the Land Commission regarding the state service, a reasoned refusal is prepared and sent to the recipient of the service.

 

       In the event that the akims of the city, town, village, rural districts of regional importance make a decision (order), the conclusion of the land commission will be sent to the office of the service provider.

 

       The second stage: making a decision on the right to a plot of land and concluding a purchase and sale contract or a temporary (short-term, long-term) compensable (non-compensatory) land use contract - within 3 (three) working days from the date of receipt of the approved land development project:

 

        7) within 2 (two) working days from the date of receipt of the approved land development project by the employee of the authorized body on land relations and there are no grounds for refusal, within 2 (two) working days of the decision to grant the right to the land plot and purchase and sale or temporary (short-term, long-term) compensation ensures the preparation and agreement of the draft of the (free) land use contract;

 

       8) within 1 (one) working day, the head of the service provider signs the decision on granting the right to the plot of land and the purchase-sale or temporary (short-term, long-term) compensated (non-compensated) land use contract;

 

        9) the office worker of the service provider sends the result of the state service by courier within 15 (fifteen) minutes from the moment of signing;

 

       10) delivery of ready-made documents to the recipient of the service is carried out on the basis of a receipt when presenting an identity card or an electronic document from the digital documents service (for identification) (or to his representative in the case of a document confirming authority).

 

When the recipient of the service applies through the portal, the public service is provided in two stages.

       The first stage: determination of the possibility of using the requested land plot according to the declared target purpose in accordance with territorial zoning, preliminary selection of the land plot (except for the construction of objects within the settlement, when requesting a plot of land for the construction of objects), preparation of the conclusion of the land commission - 12 (twelve ) during the working day:

 

       1) the office worker of the service provider accepts the documents provided by the recipient of the service within 15 (fifteen) minutes and gives them to the head of the service provider or his substitute;

 

       2) within 1 (one) working day, the head of the service provider or his/her substitute examines the documents within his/her competence to determine the possibility of using the requested land plot for the purpose declared in accordance with territorial zoning and to the authorized bodies on land relations and in the field of architecture and urban planning. sends.

 

       If the recipient of the service is in the register of people whose land plots have been forcibly taken away, the employee of the authorized body for land relations prepares a reasoned refusal to further consider the application within 1 (one) working day and in the form of an electronic document with the EDC of the head of the authorized body for land relations sends a message to the cabinet;

 

       3) authorized bodies in the field of land relations and in the field of architecture and urban planning within 7 (seven) working days from the moment of receipt of the application determine the possibility of using the requested plot of land according to the stated target purpose in accordance with territorial zoning and submit the materials to the land commission;

 

       4) the conclusion of the land commission is made in triplicate in the form of a protocol decision within 2 (two) working days from the time the authorized body on land relations submits to the land commission a proposal on the possibility of using the requested land plot according to the declared target purpose in accordance with the division into territorial zones;

 

       5) the employee of the authorized body on land relations sends a copy of the conclusion of the land commission to the recipient of the service in one of the following ways within 1 (one) working day:

hand to hand;

 

       in the form of registered mail with delivery notice;

 

       with an electronic document signed with an electronic digital signature;

 

       to the e-mail address of the applicant signed by the head of the service provider.

 

       In the case of a positive conclusion of the land commission - it is sent to the service recipient for the preparation of a land settlement project, in case of a negative conclusion of the land commission - within three working days after the expiry of the period for appealing the protocol decision of the land commission in the provision of state services, a reasoned refusal is prepared and sent to the service recipient.

 

       If the mayors of cities, towns, villages, rural districts of regional importance make a decision, the results of the land commission will be sent to the office of the service provider.

 

       The second stage: making a decision on the right to a plot of land and concluding a purchase and sale contract or a temporary (short-term, long-term) compensable (non-compensatory) land use contract - within 3 (three) working days from the date of receipt of the approved land development project:

 

       6) within 2 (two) working days from the date of receipt of the approved land development project by an employee of the authorized body on land relations and there are no grounds for refusal, within 2 (two) working days of the decision to grant the right to the land plot and purchase and sale or temporary (short-term, long-term) compensation ensures the preparation and agreement of the draft of the (free) land use contract;

 

       7) within 1 (one) working day, the head of the service provider signs the decision on granting the right to the land plot and the purchase-sale or temporary (short-term, long-term) compensated (non-compensated) land use contract;

 

        8) within 15 (fifteen) minutes from the moment of signature, the clerk of the service provider sends the result of the state service through the portal to the personal account of the recipient of the service in the form of an electronic document with the ID number of the authorized person of the service provider.

 

When there are grounds for refusing to provide public service, the recipient of the service is sent a notification of a preliminary decision to refuse to provide public service in accordance with Appendix 3 to these Rules, where the time and place of the hearing for the opportunity to express the position on the preliminary decision to the recipient of the service is sent. (method) is displayed.

       The notice of the hearing will be sent no later than 3 (three) working days before the end of the term of public service. The hearing will be held no later than 2 (two) working days from the date of sending the notice.

 

       According to the results of the hearing, the service provider will determine the possibility of using the requested land plot according to the stated target purpose in accordance with territorial zoning, pre-selection of the land plot (except for the construction of objects within the settlement, when requesting a plot of land for the construction of objects), preparation of the conclusion of the land commission, makes a decision on granting the right to a plot of land and concluding a purchase and sale contract or on temporary (short-term, long-term) compensatory (non-compensatory) land use, or on reasoned refusal to provide public services.

 

       A reasoned refusal to provide a public service is sent to the "private office" of the recipient of the service in the form of an electronic document with the ETC of the authorized person of the service provider or is given through the service provider.

 

The provider of the provided service ensures that data on the stage of public service provision is entered into the information system of monitoring the provision of public services.

       The Ministry of Agriculture of the Republic of Kazakhstan shall send information about the changes and (or) additions to these Rules to the operator of the information and communication infrastructure of the "electronic government", the service provider and the Unified Communication Center within 3 (three) working days from the date of approval or modification of these Rules.

 

When the information system fails, the service provider immediately informs the employee of the structural department of the service provider responsible for the information and communication infrastructure.

       The employee responsible for the information and communication infrastructure makes a protocol about the technical problem and it is signed by the service provider.

 

The provider of the provided service refuses to provide public service on the grounds specified in item 9 of the List.

  Chapter 3. The procedure for appealing to decisions, actions (inaction) of service providers and (or) their officials on issues of public service provision

An appeal to the decision, action (inaction) of the service provider on issues of public service provision shall be submitted to the head of the service provider, to the authorized body for assessment and control of the quality of public service provision.

        If a complaint is received in accordance with paragraph 4 of Article 91 of the Code of Administrative Procedure and Procedure of the Republic of Kazakhstan (hereinafter referred to as the Code of Administrative Procedure of the Republic of Kazakhstan), the service provider shall send it to the body that will consider the complaint within 3 (three) working days from the date of receipt. The service provider will not send a complaint to the body (superior administrative body and (or) official) that will consider the complaint if an appropriate act is adopted within 3 (three) working days and an administrative action is taken that fully satisfies the requirements specified in the complaint. In accordance with Article 25, Clause 2 of the Law, the complaint of the recipient of the provided service:

 

       service provider - within 5 (five) working days from the date of registration;

 

       the authorized body for evaluation and control of the quality of public services - it must be considered within 15 (fifteen) working days from the date of registration.

 

        The term of consideration of the complaint of the provider of the provided service, the authorized body for assessment and control of the quality of public service provision, in accordance with paragraph 4 of Article 25 of the Law:

 

       1) additional study or inspection on the complaint or visit to the local area;

 

       2) in cases where it is necessary to obtain additional information, it is extended for a period not exceeding 10 (ten) working days.

 

        In the event of an extension of the complaint consideration period, the official authorized to consider the complaint shall inform the recipient of the service that submitted the complaint within 3 (three) working days of the extension of the complaint consideration period, indicating the reason for the extension, in written form (when the complaint is submitted by paper delivery) or informs in electronic form (when submitting a complaint electronically).

 

If the law does not provide otherwise, in accordance with paragraph 5 of Article 91 of the Criminal Code of the Republic of Kazakhstan, it is allowed to appeal to the court after filing a pre-trial complaint.

"Trade

demand to hold (auctions).

state-owned that does not

rights to land plots

get" state service

to the principles of display

Appendix 1

 

  List of basic requirements for public services "Acquisition of rights to state-owned land plots that do not require trading (auctions)"

 

1

 

  The name of the service provider

 

Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional significance, mayors of cities of regional significance, towns, villages, rural districts (hereinafter - service provider).

 

 

 

2

 

2

 

Ways of rendering public service

 

Through the web portal "Electronic Government" (hereinafter - the portal) and through the office of the service provider and the state corporation "Government for Citizens".

 

 

 

3

 

  Term of public service

 

The first stage: determination of the possibility of using the requested land plot according to the declared target purpose according to territorial zoning, preliminary selection of the land plot (except for the construction of objects within the settlement, when requesting a plot of land for the construction of objects), preparation of the conclusion of the land commission.

The second stage: making a decision on the right to a plot of land and concluding a purchase and sale contract or a temporary (short-term, long-term) compensable (non-compensatory) land use contract - within 3 (three) working days from the date of receipt of the approved land development project.

 

 

 

4

 

Type of public service

 

electronic (partially automated)/ paper.

 

 

 

5

 

The result of public service

 

The decision of the service provider to grant the right to a plot of land and conclusion of a temporary (short-term, long-term) compensable (non-compensatory) land use contract, or a reasoned refusal to provide public services.

 

 

 

6

 

The amount of payment received from the recipient of the service during the provision of public service and the methods of receiving it in the cases provided by the legislation of the Republic of Kazakhstan

 

  Free

 

 

 

7

 

Work schedule of the provided service provider and information objects

 

1) "Government for Citizens" state corporation - in accordance with the labor legislation of the Republic of Kazakhstan, except for Sundays and holidays, according to the working schedule of public service centers;

 

2) portal - 24 hours a day, except for technical interruptions due to repair works (after the end of working hours of the recipient of the provided service, when applying on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application will be accepted and the result of the public service will be provided on the next working day).

 

Addresses of public services:

 

1) on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan www.gov.kz;

 

2) on the Internet resource of the service provider www.gov4c.kz

 

3) posted on the portal.

 

 

 

8

 

List of documents and information required from the recipient of the service to provide the public service

 

first stage:

 

if the plot of land is located in the territory near the airport, the permit is issued in accordance with the rules for granting permission to carry out activities that may endanger the flight safety of aircraft, approved by the Resolution of the Government of the Republic of Kazakhstan No. 504 of May 12, 2011;

  1. To implement investment projects in accordance with Article 284 of the Entrepreneurial Code of the Republic of Kazakhstan:

 

1) Application for obtaining rights to state-owned land plots that do not require auctions in accordance with Appendix 2 of the State Service Rules (hereinafter - the Rules) "Acquisition of rights to state-owned land plots that do not require auctions ;

 

2) scheme (plan) of the requested plot of land;

 

3) decision on defining an investment project for the transfer of land plots from state ownership.

 

  1. Architecture, urban planning and construction services of the Republic of Kazakhstan for the use and maintenance of buildings (buildings, constructions) owned by them with property rights and (or) other material rights, including expansion and reconstruction of buildings (buildings, constructions) in the adjacent territory According to the architectural and urban planning and (or) construction documentation approved in accordance with the legislation on:

 

1) an application for the purchase of rights to state-owned land plots, which does not require trading in accordance with Appendix 2 to these Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) a positive conclusion of the structural unit of the local executive body that performs functions in the field of architecture and urban planning;

 

  1. In accordance with Article 71 of the Land Code of the Republic of Kazakhstan (hereinafter - the Code), for construction purposes, in order to build buildings (structures, constructions) and their engineering and communication networks in the territory where they conducted research, if they previously purchased rights to land plots belonging to third parties In case, the planned construction according to the detailed planning project:

 

1) an application for the purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to these Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) permission to conduct search operations;

 

  1. In accordance with the route schemes provided by the architectural and urban planning authorities along with the technical conditions for connecting to engineering networks and the architectural-planning task in accordance with the procedure established by the legislation of the Republic of Kazakhstan on architecture, urban planning and construction activities, engineering and communication networks and to build systems:

1) an application for the purchase of rights to state-owned land plots that do not require this trade;

 

2) scheme (plan) of the requested plot of land;

 

3) architectural-planning task with technical conditions;

 

  1. To use and maintain the condominium object, the condominium participants must:

 

  1) Application for the purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) protocol on establishment of a condominium;

 

4) minutes of the general meeting of residents of multi-apartment residential apartments on the use and maintenance of the condominium object;

 

  1. In accordance with the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", engineering necessary for the purposes of subsoil use based on a license for subsoil use or a contract for subsoil use, as well as for conducting operations on the extraction of minerals, use of subsoil space , for the construction and (or) placement of transport and other infrastructure:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) subsoil use contract;

 

  1. To the participant of the special economic zone or industrial zone of republican or regional importance, to the management company of the special economic zone or industrial zone in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) a document confirming the participation of a special economic zone or an industrial zone.

 

  1. From the composition of water reserve lands occupied by territorial waters for the construction of artificial structures:

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) conclusions of water management and environmental protection bodies with the coordinates of the location of the land plot;

 

  1. For the needs of railway, road, sea and inland water, air, pipeline transport, communication and energy needs, as well as for the construction of other objects of state importance:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) approval of authorized bodies of railway, automobile, sea and inland water, air, pipeline transport and communications and energy;

 

  1. In accordance with subsection 8) of the fifth part of paragraph 3 of Article 107 of the Code, for objects of common use designed to meet the needs of the population (water pipes, heat lines, treatment facilities and other engineering and communication networks and systems, infrastructure for separate collection of solid household waste) , as well as for special purpose objects:

 

1) Application for purchase of rights to state-owned land plots, which do not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) communication flow diagram;

  1. In accordance with paragraph 3 of Article 9 of the Code, for the construction of a private farm, garden, country house:

 

1) Application for purchase of rights to state-owned land plots, which do not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

  1. For private afforestation:
  2. In accordance with paragraph 3 of Article 9 of the Code, domestic industrial enterprises:

 

1) Application for purchase of rights to state-owned land plots, which do not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) drawing (plan) of the requested plot of land.

 

  1. To private partners for the implementation of public-private partnership projects or concessionaires for the implementation of concession projects:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) public-private partnership agreement or concession agreement.

 

  1. To social-entrepreneurial corporations for the implementation of investment and innovation projects:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) public-private partnership agreement or concession agreement.

 

  1. For the implementation of industrial-innovative projects, subjects of industrial-innovative activity:

 

1) Application for purchase of rights to state-owned land plots, which do not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) decision of the local executive body and recognition of the project as investment.

 

  1. In accordance with paragraph 3 of Article 101 of the Code, participants (members) of a business partnership or a production cooperative, when the participants (members) leave:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) minutes of the general meeting of participants on leaving the team.

 

The second stage: the approved land development project and the order on approval of the land development project.

 

 

 

9

 

The grounds established by the laws of the Republic of Kazakhstan for refusal to provide public service

 

1) identification of the incorrectness of the documents and (or) the data (information) provided by the recipient of the service for obtaining the state service;

 

1) Application for purchase of rights to state-owned land plots, which do not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) afforestation plan and project;

 

  1. To build investment projects that ensure the achievement of the objects, state interests and goals of public importance provided for in the documents of the State Planning System of the Republic of Kazakhstan:

 

1) Application for purchase of rights to state-owned land plots, which does not require trading according to the form in accordance with Appendix 2 to the Rules;

 

2) scheme (plan) of the requested plot of land;

 

3) decision of the local executive body and recognition of the project as investment.

2) non-compliance of the recipient of the service and (or) the submitted data and information necessary for the provision of public services with the requirements established in the twelfth and thirteenth parts of Article 44-1, Clause 8 of the Land Code of the Republic of Kazakhstan.

 

 

 

10

 

Taking into account the specifics of public service provision, including other requirements provided in electronic form

 

The recipient of the provided service has the opportunity to receive information about the order and status of the state service in the "personal cabinet" of the portal, as well as through the Unified Call Center in remote access mode.

 

Contact numbers of reference services on issues of public service provision are listed on the portal. Single contact center for public service issues: 1414, 8 800 080 7777.

 

 

 

 

 

"Obtaining rights to state-owned land plots that do not require trading (auctions)"

 

 

 

Appendix 2

 

 

       Object

 

 

 

________________ to the mayor

(region, city, district,

village, village, rural

of the county)

____________________________

(name, patronymic (if any),

last name)

_________________________

(name of an individual, father

first name (if any), last name)

____________________________

____________________________

(personal identification number)

___________________________

(identity card

document details

____________________________

of an individual,

____________________________

contact phone number (if any),

____________________________

residential address)

Application for obtaining rights to state-owned land plots that do not require conducting sales (auctions).

 

        On the basis of __________________________________________________________

 

        (display base)

 

        For ___________________________________________________________

 

        (target purpose of the plot of land)

 

        The area is ____________ hectares

 

        _________________________________________________________________

 

       (address of the plot of land (location)

 

        ________________________________________________ location

 

        temporary compensated/non-compensated land use for the site, private property (underline as needed)

 

       please give me the right.

 

        Information contained in information systems, constituting a secret protected by law

 

       I agree to use.

 

        The recipient of the provided service _____________________________________________

 

                   (name, patronymic (if any), last name, digital signature)

 

 

 

"Trade

(auctions)

a state that does not require holding

to owned land plots

get rights"

rendering of public service

principles

Appendix 3

 

        Object

 

  Notice of preliminary decision on refusal to provide public service Dear _______________

 

        In accordance with paragraph 1 of Article 73 of the Code of Administrative Procedure of the Republic of Kazakhstan, we hereby inform you that the public service "Acquisition of rights to state-owned land plots that do not require trading (auctions)" has been refused, because:

 

        _________________________________________________________________

 

       (list reasons for refusal)

 

        A hearing on the issue of refusal will take place after 2 (two) working days from the date of sending this notice, where you can express your position on this decision.

 

        (write as needed): __________________________________________________________

 

        (date and time of hearing, place (method) of hearing: address

 

        in the building according to: / video conferencing / other means of communication

 

       through)

 

       " " of 20

 

 

Rules for rendering the state service "Selling a plot of land to private ownership with immediate payment or in installments".

 

  Chapter 1. General rules

 

The rules for the provision of this public service "Selling a plot of land to private ownership with immediate payment or in installments" (hereinafter - the Rules) were developed in accordance with subsection 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law) and "Land plot of land to private property with immediate payment or sale in installments" determines the procedure for providing public services (hereinafter referred to as public services).

The following basic concepts are used in these Rules:

        1) a plot of land - a piece of land divided by closed boundaries, which is assigned to subjects of land relations in accordance with the procedure established by the Land Code of the Republic of Kazakhstan;

 

       2) web portal of "electronic government" (hereinafter - the web portal) - all consolidated government information, including the regulatory legal framework, and services for providing technical conditions for connecting to the networks of natural monopolies and quasi-state sector entities information system, which is a single window of access;

 

       3) the user's cabinet on the web portal of "electronic government" (hereinafter - the personal cabinet) - official information interaction on the issues of providing services in electronic form between individuals and legal entities with state bodies, addressing the entities that consider the applications of the specified persons, as well as the use of personal data - a component of the "electronic government" web portal for the movement;

 

       4) electronic digital signature (hereinafter referred to as electronic signature) is a set of digital symbols created by means of electronic digital signature and confirming the correctness of an electronic document, its ownership and immutability of its content.

 

  Chapter 2. State service procedure

 

Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts and cities of regional significance, akims of towns, villages, rural districts (hereinafter - the service provider) provide public services to individuals and legal entities (hereinafter - the service provider service recipient) shows.

        The list of the main requirements for the provision of the state service "Selling a plot of land to private ownership immediately or in installments" (hereinafter - the List) is presented in Appendix 1 to these Rules.

 

In accordance with Appendix 2 to these Rules, the application for the sale of a plot of land to private ownership by immediate payment or by installments and the documents specified in Item 8 of the List are accepted through the portal.

        When providing public service in paper form, the date of receipt of applications and documents is not included in the period of providing public service.

 

       The service provider refuses to accept the application in cases where the recipient of the service has not submitted a complete set of documents in accordance with the List and (or) has submitted expired documents.

 

Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur or the start of activity as an individual entrepreneur, documents confirming ownership of real estate, establishing title to a plot of land and identification documents, payment for public services the service provider requires from the relevant state information system The providers of the provided services receive digital documents from the digital documents service through the implemented integration, provided that the owner of the document has consented by providing a one-time password through the subscriber number of the user's mobile connection registered on the portal or by sending a short text message in response to the portal message.

 

       Processing of personal data contained in information systems and data constituting a secret protected by law is carried out by the service provider during registration on the portal with the consent of the recipient of the service.

 

       A notification is sent to the personal account of the recipient of the service, indicating the status of the application for public service and the date and time of public service.

 

       After the end of the working hours of the recipient of the provided service, in accordance with the labor legislation of the Republic of Kazakhstan, when applying on weekends and holidays, documents will be accepted and the result of public service will be issued on the next working day.

 

When contacting the service provider:

       1) the office worker of the service provider receives and registers the documents specified in the List within 15 (fifteen) minutes on the day of receiving the documents.

 

       2) the head of the service provider familiarizes himself with the contents of the documents, makes a corner and sends them to the head of the authorized body for execution on the day of receipt of the documents;

 

        3) the head of the authorized body reviews the documents and determines the responsible executor within 1 (one) hour;

 

       4) within 2 (two) working days from the moment of registration of the documents by the responsible executor of the authorized body:

 

       verifies the correctness of the documents and (or) the data (information) provided by the recipient of the service for obtaining the state service;

 

       identifies the land plot according to the cadastral documentation;

 

       in the absence of grounds for refusal to provide public service, the responsible executor of the authorized body prepares a draft of the decision on the transfer of private ownership rights to the land plot and sends it to the head of the authorized body;

 

       5) within 1 (one) working day, the head of the authorized body approves the draft decision on the transfer of private ownership rights to the land plot and sends it to the head of the service provider for signature;

 

       6) within 1 (one) working day, the head of the service provider checks and signs the decision on the transfer of private ownership rights to the land plot;

 

       7) the office worker of the service provider registers the decision on the transfer of private ownership rights to the land plot within 15 (fifteen) minutes.

 

When applying through the portal:

       1) the office worker of the service provider receives and registers the documents specified in the List within 15 (fifteen) minutes on the day of receiving the documents.

 

       In cases where the recipient of the service has not submitted a complete set of documents in accordance with the List and (or) has submitted expired documents, the office worker of the service provider will refuse to accept the application.

 

       2) the head of the service provider familiarizes himself with the content of the documents, makes a corner and sends them to the head of the authorized body on the day of receipt of the documents for execution;

 

       3) the head of the authorized body reviews the documents and determines the responsible executor within 1 (one) hour;

 

       4) within 2 (two) working days from the moment of registration of the documents by the responsible executor of the authorized body:

 

       verifies the correctness of the documents and (or) the data (information) provided by the recipient of the service for obtaining the public service;

 

       identifies the land plot according to the cadastral documentation;

 

       in the absence of grounds for refusal to provide public service, the responsible executor of the authorized body prepares a draft of the decision on the transfer of private ownership rights to the land plot and sends it to the head of the authorized body;

 

       5) within 1 (one) working day, the head of the authorized body approves the draft of the decision on the transfer of private ownership rights to the plot of land and sends it for signature by the head of the service provider;

6) within 1 (one) working day, the head of the service provider checks and signs the decision on the transfer of private ownership rights to the land plot;

 

       7) the clerk of the service provider registers the decision on the transfer of private property rights to the land plot within 15 (fifteen) minutes and sends it through the portal to the personal account of the recipient of the service in the form of an electronic document with the EDC of the authorized person of the service provider.

 

When there are grounds for refusing to provide public services, the recipient of services is sent a notice of a preliminary decision on refusal to provide public services in accordance with Appendix 3 to these Rules, in which the time and place of the hearing for the opportunity to express the position on the preliminary decision to the recipient of services is sent. (method) is displayed.

       Notice of the hearing shall be sent no later than 3 (three) working days before the end of the period of public service. The hearing will be held no later than 2 (two) working days from the date of notification.

 

       Based on the results of the hearing, the provider of the service shall make a decision to sell the plot of land to private ownership immediately or in installments, or to refuse to provide public services.

 

       A reasoned refusal to provide a public service shall be sent to the "private office" of the recipient of the service in the form of an electronic document with the ETC of the authorized person of the service provider or submitted through the service provider.

 

The provider of the provided service ensures that data on the stage of public service provision is entered into the information system of monitoring the provision of public services.

       The Ministry of Agriculture of the Republic of Kazakhstan shall send information about changes and (or) additions to these Rules to the operator of the information and communication infrastructure of the "electronic government", the service provider and the Unified Communication Center within 3 (three) working days from the date of approval or modification of these Rules.

 

When the information system fails, the service provider immediately informs the employee of the service provider's structural department responsible for the information and communication infrastructure.

       The employee responsible for the information and communication infrastructure makes a protocol about the technical problem and it is signed by the service provider.

 

The provider of the provided service refuses to provide public service on the grounds specified in item 9 of the List.

  Chapter 3. The procedure for appealing to decisions, actions (inaction) of service providers and (or) their officials on issues of public service provision

 

An appeal to the decision, action (inaction) of the service provider on issues of public service provision shall be submitted to the head of the service provider, to the authorized body for assessment and control of the quality of public service provision.

        If a complaint is received in accordance with paragraph 4 of Article 91 of the Code of Administrative Procedure and Procedure of the Republic of Kazakhstan (hereinafter referred to as the Code of Administrative Procedure of the Republic of Kazakhstan), the service provider shall send it to the body that will consider the complaint within 3 (three) working days from the date of receipt. The service provider will not submit a complaint to the body that will review the complaint if an appropriate act has been adopted within 3 (three) working days, and an administrative action has been taken that fully satisfies the requirements specified in the complaint.

 

In accordance with Article 25, Clause 2 of the Law, the complaint of the recipient of the provided service:

       service provider - within 5 (five) working days from the date of registration;

 

       the authorized body for assessment and control of the quality of public services should be considered within 15 (fifteen) working days from the date of registration.

 

        The term of consideration of the complaint of the provider of the provided service, the authorized body for assessment and control of the quality of public service provision, in accordance with paragraph 4 of Article 25 of the Law:

1) additional study or inspection on the complaint or visit to the local area;

 

       2) in cases where it is necessary to obtain additional information, it is extended for a period not exceeding 10 (ten) working days.

 

       In the event of an extension of the complaint review period, the official authorized to review the complaint shall notify the service recipient who submitted the complaint within 3 (three) working days from the date of extension of the complaint review period in written form (when the complaint is submitted by paper courier) or in electronic form (when the complaint is submitted electronically) informs about the extension of the deadline for consideration of the complaint, indicating the reason for the extension.

 

If the law does not provide otherwise, in accordance with paragraph 5 of Article 91 of the Criminal Code of the Republic of Kazakhstan, it is allowed to appeal to the court after filing a pre-trial complaint.

 

 

"Private ownership of the plot of land

Pay immediately or in installments

sale for payment" state

to the principles of service provision

Appendix 1

The list of basic requirements for the provision of the state service "Selling a plot of land to private ownership with immediate payment or installments"

 

1

 

The name of the service provider

 

Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional significance, cities of district significance, akims of villages, villages, rural districts (hereinafter - service provider).

 

 

 

2

 

2

 

Ways of rendering public service

 

Through the web portal of "Electronic Government" (hereinafter - the portal) and the office of the service provider.

 

 

 

3

 

  Term of public service

 

5 (five) working days.

 

 

 

4

 

Type of public service

 

electronic (partially automated)/paper.

 

 

 

5

 

The result of public service

 

The decision of the service provider to grant private property rights to the plot of land or a reasoned response to the refusal to provide public services.

 

 

 

6

 

The amount of payment received from the recipient of the service during the provision of public service and the methods of receiving it in the cases provided by the legislation of the Republic of Kazakhstan

 

  Free.

 

 

 

7

 

Work schedule of the provided service provider and information objects

 

1) in accordance with the established work schedule of the service provider - from 9:00 to 18:30 with a lunch break from 13:00 to 14:30, except for holidays and holidays in accordance with the labor legislation of the Republic of Kazakhstan until

 

Acceptance of documents and delivery of public service results is carried out from 13:00 to 14:30 with a lunch break from 9:00 to 17:30.

 

2) of the portal - 24 hours a day, except for technical interruptions due to repair works (after the end of working hours of the recipient of the provided service, when applying on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application will be accepted and the result of the public service will be provided on the next working day).

 

Addresses of public services:

1) on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan www.gov.kz;

 

2) on the Internet resource of the service provider www.gov4c.kz;

 

3) posted on the portal.

 

 

 

8

 

List of documents and information required from the recipient of the service to provide the public service

 

The recipient of the provided service offers the following to the provider of the service in order to receive the state service:

 

1) an application for the sale of a plot of land for private ownership according to the form in accordance with Appendix 2 to the rules of public service "Selling a plot of land for private ownership with immediate payment or in installments" (hereinafter - the Rules);

 

2) personal identity card or electronic document from the digital documents service (for identification);

 

3) a copy of the act of cadastral (estimation) value of the land plot.

 

To receive public services, recipients of services provide the following to the portal:

 

1) in the form of an electronic document certified by a one-time password provided by the mobile operator, in the case where the service recipient's digital signature or the service recipient's subscriber number is registered and connected to the portal account, an application for the sale of a plot of land for private ownership according to the form in accordance with Appendix 2 to the Rules;

 

2) an electronic copy of the act of cadastral (estimation) value of the land plot.

 

  It is not allowed to request documents that can be obtained from information systems from the recipients of the provided services.

 

 

 

9

 

Grounds for refusal to provide public service established by the laws of the Republic of Kazakhstan

 

  • identification of the incorrectness of the documents and (or) the data (information) provided by the recipient of the service for obtaining the state service;

2) non-compliance of the recipient of the service and (or) the submitted data and information necessary for the provision of the public service with the requirements established in the twelfth and thirteenth parts of Article 44-1, Clause 8 of the Land Code of the Republic of Kazakhstan.

 

 

 

10

 

Other requirements, taking into account the features of public service provision, including provision in electronic form

 

The recipient of the provided service has the opportunity to receive information about the order and status of the state service in the "personal cabinet" of the portal, as well as in the remote access mode through the unified contact center.

 

Contact numbers of reference services on issues of public service provision are listed on the portal. Single contact center for public service issues: 1414, 8 800 080 7777.

 

 

 

 

 

"Private ownership of the plot of land

Pay immediately or in installments

sale for payment" state

to the principles of service provision

Appendix 2

Object

 

 

 

The mayor of __________________

 

 

 

(region, city, district,

 

 

 

village, village, rural

 

 

 

of the county)

 

 

 

____________________________

 

 

 

(name, patronymic (if any),

 

 

 

last name)

 

 

 

_________________________

 

 

 

(name of an individual, father

 

 

 

first name (if any), last name)

 

 

 

____________________________

 

 

 

____________________________

 

 

 

(personal identification number)

 

 

 

____________________________

 

 

 

(personal identity

 

 

 

of the certifying document

 

 

 

details,

 

 

 

____________________________

 

 

 

____________________________

 

 

 

contact phone number (if any),

 

 

 

____________________________

 

 

 

residential address)

 

 

  Application to sell a plot of land for private ownership by immediate payment or installments

 

       ___________________________________________________________________ for

 

       (target purpose of the plot of land)

 

       _______________________________________________________________________

 

       (address (location) of the plot of land)

 

       Located at ________________________________________________

 

       to pay the price for a plot of land with an area of ____________ hectares immediately or in installments

 

       I ask you to give me the right of private ownership.

 

       Information contained in information systems, constituting a secret protected by law

 

       I agree to use.

 

       The recipient of the provided service _________________________________________________

 

                                                                      (name, patronymic (if any), surname),

 

       electronic digital signature of the service recipient

"Private ownership of the plot of land

Pay immediately or in installments

sale for payment" state

to the principles of service provision

Appendix 3

Object

 

  Notification of preliminary decision on refusal to provide public service

 

  Dear _______________

 

        In accordance with paragraph 1 of Article 73 of the Code of Administrative Procedure of the Republic of Kazakhstan, we hereby inform you that the public service "Selling a plot of land for private ownership with immediate payment or installments" will be refused, because:

 

       _________________________________________________________________

 

                                        (list reasons for refusal)

 

       The hearing on the issue of refusal will be held after 2 (two) working days from the date of sending this notice, where you can express your position on this decision (you must write the necessary): __________________________________________________________________________

 

       (date and time of hearing, place (method) of hearing: address

 

       in the building according to: / video conferencing / other means of communication

 

       through)

 

       The provider of the provided service ________________________________________________

 

       (head's name, father's name (if any), surname), signature/electronic digital

 

       signature)

 

       " " of 20

 

 

  Rules for rendering the state service "Queuing up a plot of land".

 

  Chapter 1. General rules

 

The rules for the provision of this public service "Placement of a plot of land in a queue" (hereinafter - the Rules) were developed in accordance with subsection 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law) and "Placement of a plot of land in a queue "determines the procedure for rendering public services (hereinafter referred to as public services).

The following basic concepts are used in these Rules:

       1) the user's cabinet on the web portal of "electronic government" (hereinafter - the personal cabinet) - official information interaction on the issues of electronic provision of services by individuals and legal entities with state bodies, addressing the entities that consider the applications of these individuals, as well as the use of personal data - a component of the "electronic government" web portal for action;

 

       2) web portal of "electronic government" (hereinafter referred to as the portal) - access to all consolidated government information, including the regulatory legal framework, and state services provided in electronic form, services for issuing technical conditions for connection to the networks of natural monopolies, and services of quasi-state sector entities information system that is a single window;

 

       3) electronic digital signature (hereinafter referred to as electronic signature) is a set of digital symbols created by electronic digital signature tools and confirming the correctness of an electronic document, its ownership and immutability of its content.

 

  Chapter 2. State service procedure

 

Local executive bodies of Astana, Almaty and Shymkent cities, districts, cities of regional importance, akim of a village, village, rural district (hereinafter - the service provider) provide public services to private individuals (hereinafter - the service recipient).

        The list of the main requirements for the provision of the state service "Queuing up a plot of land" (hereinafter - the List) is presented in Appendix 1 to these Rules.

 

In accordance with Appendix 2 to these Rules, the application for placing in the queue to receive a plot of land and the documents specified in Item 8 of the List are accepted through the portal.

The service provider refuses to accept the application in cases where the recipient of the service has not submitted a complete set of documents in accordance with the List and (or) has submitted expired documents.

 

Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur or the beginning of activity as an individual entrepreneur confirming the ownership of real estate, documents establishing the right to a plot of land and identification documents, and information about the payment of fees for the provision of public services the service provider requires from the relevant state information systems.

       The provided service providers receive digital documents from the digital documents service through the implemented integration by providing a one-time password through the subscriber number of the user's mobile connection registered on the portal or by sending a short text message in response to the portal message, subject to the consent of the owner of the presented document.

 

       Processing of personal data contained in information systems and data constituting a secret protected by law is carried out by the service provider during registration on the portal with the consent of the recipient of the service.

 

       A notification is sent to the personal account of the recipient of the service, indicating the status of the application for public service and the date and time of public service.

 

       After the end of the working hours of the recipient of the provided service, in accordance with the labor legislation of the Republic of Kazakhstan, when applying on weekends and holidays, documents will be accepted and the result of public service will be issued on the next working day.

 

Within 20 (twenty) minutes, the employee of the service provider responsible for the formation of special accounting of applications for placing in the queue for land plot acquisition:

       pass the authorization procedure on the portal;

 

       enters the data of the recipient of the service into the priority list for land plot acquisition;

 

       after entering data into the priority list for land plot acquisition, it automatically processes all the necessary data necessary for the provision of public services through integration interactions;

 

        EDC of the service provider sends a notice of placing the application in a special account or a reasoned response to refuse to provide public service in the form of an electronic document to the personal account of the recipient of the service.

 

The provider of the provided service ensures that data on the stage of public service provision is entered into the information system of monitoring the provision of public services.

       The Ministry of Agriculture of the Republic of Kazakhstan shall send information about changes and (or) additions to these Rules to the operator of the information and communication infrastructure of the "electronic government", the service provider and the Unified Communication Center within 3 (three) working days from the date of approval or modification of these Rules.

 

When the information system fails, the service provider immediately informs the employee of the service provider's structural department responsible for the information and communication infrastructure.

       The employee responsible for the information and communication infrastructure makes a protocol about the technical problem and it is signed by the service provider.

 

The provider of the provided service refuses to provide public service on the grounds specified in item 9 of the List.

  Chapter 3. The procedure for appealing to decisions, actions (inaction) of service providers and (or) their officials on issues of public service provision

 

An appeal to the decision, action (inaction) of the service provider on issues of public service provision shall be submitted to the head of the service provider, to the authorized body for assessment and control of the quality of public service provision.

If a complaint is received in accordance with paragraph 4 of Article 91 of the Code of Administrative Procedure and Procedure of the Republic of Kazakhstan (hereinafter referred to as the Code of Administrative Procedure of the Republic of Kazakhstan), the service provider shall send it to the body that will consider the complaint within 3 (three) working days from the date of receipt. The service provider will not submit a complaint to the complaint-handling body if an appropriate act has been adopted that fully satisfies the requirements specified in the complaint, and administrative action has been taken.

 

In accordance with Article 25, Clause 2 of the Law, the complaint of the recipient of the provided service:

       service provider - within 5 (five) working days from the date of registration;

 

       the authorized body for evaluation and control of the quality of public services - it must be considered within 15 (fifteen) working days from the date of registration.

 

        The term of consideration of the complaint of the provider of the provided service, the authorized body for assessment and control of the quality of public service provision, in accordance with paragraph 4 of Article 25 of the Law:

 

       1) additional study or inspection on the complaint or visit to the local area;

 

       2) in cases where it is necessary to obtain additional information, it is extended for a period not exceeding 10 (ten) working days.

 

       In the event of an extension of the complaint review period, the official authorized to review the complaint shall notify the service recipient who submitted the complaint within 3 (three) working days from the date of extension of the complaint review period in written form (when the complaint is submitted by paper courier) or in electronic form (when the complaint is submitted electronically) informs about the extension of the deadline for consideration of the complaint, indicating the reason for the extension.

 

If the law does not provide otherwise, in accordance with paragraph 5 of Article 91 of the Criminal Code of the Republic of Kazakhstan, it is allowed to appeal to the court after filing a pre-trial complaint.

 

 

"To get a plot of land

queuing" state

to the principles of service provision

Appendix 1

 

  The list of the main requirements for the provision of the state service "Queuing up a plot of land".

 

1

 

The name of the service provider

 

Local executive bodies of the cities of Astana, Almaty and Shymkent, districts and cities of regional significance, akim of the village, village, rural district (hereinafter - service provider).

2

 

2

 

  Ways of rendering public service

 

Through the web portal of "Electronic Government" (hereinafter - the portal).

 

3

 

  Term of public service

 

Within 20 (twenty) minutes.

 

4

 

Type of public service

 

Electronic (partially) automated).

 

5

 

The result of public service

 

Notice of placing the application in a special account or a reasoned answer on refusal to provide public services.

 

6

 

The amount of payment received from the recipient of the service during the provision of public service and the methods of receiving it in the cases provided by the legislation of the Republic of Kazakhstan

 

  Free.

 

7

 

Work schedule of the provided service provider and information objects

 

The portal is open 24 hours a day, except for technical interruptions due to maintenance work (after the end of working hours for the recipient of the provided service, when applying on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application will be accepted and the result of the public service will be provided on the next working day).

 

Addresses of public services:

 

1) on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan www.gov.kz;

 

2) www.gov4c.kz internet resource of the service provider;

 

3) posted on the portal.

 

8

 

List of documents and information required from the recipient of the service to provide the public service

 

  In the form of an electronic document certified by a one-time password provided by the mobile operator, in the case of registration of the subscriber number of the recipient of the service with an electronic digital signature or the subscriber number of the recipient of the service, provided by the mobile communication operator, in the form of an application for placing in the queue to receive a plot of land according to the form in accordance with Appendix 2 to the Rules.

 

It is not allowed to request documents that can be obtained from information systems from the recipients of the provided services.

 

9

 

The grounds established by the laws of the Republic of Kazakhstan for refusal to provide public service

 

1) identification of the incorrectness of the documents and (or) the data (information) provided by the recipient of the service for obtaining the state service;

 

  2) non-compliance of the recipient of the service and (or) the submitted data and information necessary for the provision of public services with the requirements established in the twelfth and thirteenth parts of Article 44-1, Clause 8 of the Land Code of the Republic of Kazakhstan.

 

10

 

Other requirements, taking into account the features of public service provision, including provision in electronic form

 

The recipient of the provided service has the opportunity to receive information about the order and status of the state service in the "personal cabinet" of the portal, as well as through the Unified Call Center in remote access mode.

 

Contact numbers of reference services on issues of public service provision are listed on the portal. Single contact center for public service issues: 1414, 8 800 080 7777.

"To get a plot of land

queuing" state

to the principles of service provision

Appendix 2

Object

 

 

 

 

 

The mayor of __________________

 

 

 

 

 

(city, town, village,

 

 

 

 

 

of rural district)

 

 

 

 

 

____________________________

 

 

 

 

 

(name, patronymic (if any),

 

 

 

 

 

last name)

 

 

 

 

 

_________________________

 

 

 

 

 

(name of an individual, father

 

 

 

 

 

first name (if any), last name)

 

 

 

 

 

____________________________

 

 

 

 

 

____________________________

 

 

 

 

 

(personal identification number)

 

 

 

 

 

____________________________

 

 

 

 

 

(identity card

 

 

 

 

 

document details

 

 

 

 

 

____________________________

 

 

 

 

 

of an individual,

 

 

 

 

 

____________________________

 

 

 

 

 

contact phone number (if any),

 

 

 

 

 

____________________________

 

 

 

 

 

residential address)

 

 

 

 

  Application for placing in queue for land plot

 

       For ________________________________________________________________

 

                                            (target purpose of the plot of land)

 

       area ________________________ hectares

 

       ________________________________________________________________ is located

 

                                   (address of the plot of land (location)

 

       I would like to put you on the queue to get a plot of land.

 

       Information contained in information systems, constituting a secret protected by law

 

       I agree to use.

 

       The recipient of the provided service ________________________________________________

 

                          (name, patronymic (if any), last name, digital sig

Rules for the provision of public services
Дата публикации
19 июня 2023