1) Rules for the provision of public services "Extension of the lease term of a land plot".
Chapter 1. General provisions
These Rules for the provision of public services "Extension of the lease term of a land plot" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter referred to as the Law) and determine the procedure for the provision of public services "Extension of the lease term of a land plot" (hereinafter referred to as the public service).
1) the State Corporation "Government for Citizens" (hereinafter – the State Corporation) – a legal entity established by decision of the Government of the Republic of Kazakhstan to provide public services, services for the issuance of technical specifications for connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector in accordance with the legislation of the Republic of Kazakhstan, organization of work on accepting applications for the provision of public services, services for the issuance of technical specifications for connection to the networks of subjects of natural monopolies, services of quasi-public sector entities and the issuance of their results to the service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, which carries out state registration of rights to immovable property at 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 of regional significance, towns, villages, rural districts on granting the right to a land plot;
3) the authorized body for land relations is a structural subdivision of local executive bodies of the region, city of republican significance, capital, district, city of regional significance, performing functions in the field of land relations;
4) land plot – a part of land allocated within closed borders, assigned in accordance with the procedure established by the Land Code of the Republic of Kazakhstan to the subjects of land relations;
5) the e-government web portal (hereinafter referred to as the portal) is an information system that represents a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical specifications for connection to networks of natural monopoly entities and services of quasi–public sector entities provided in electronic form forms;
6) the user's account on the e-government web portal (hereinafter referred to as the personal account) is a component of the e–government web portal intended for official information interaction of individuals and legal entities with government agencies on the provision of services in electronic form, issues of contacting entities considering the appeals of these persons, as well as use of personal data;
7) an electronic digital signature (hereinafter referred to as an EDS) is a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its belonging and the immutability of its content.
Chapter 2. The procedure for the provision of public services
The state service is provided by local executive bodies of the regions, the cities of Astana, Almaty and Shymkent, districts, cities of regional significance, akims of cities of regional significance (hereinafter referred to as the service provider) to individuals and legal entities (hereinafter referred to as the service recipient).
The list of basic requirements for the provision of public services "Extension of the lease term of a land plot" is specified in Appendix 1 to these Rules (hereinafter – the List).
Acceptance of an application for an extension of the lease term of a land plot in accordance with Annex 2 to these Rules and the documents specified in paragraph 8 of the List are carried out through the portal.
In cases where the service recipient submits an incomplete set of documents according to the List, and (or) expired documents, the service provider refuses to accept the application.
Information on the identity document, on registration (re-registration) of a legal entity, on registration of an individual entrepreneur, or on the beginning of activity as an individual entrepreneur, on title and identification documents for a land plot, is processed by the service provider from the relevant state information systems.
Service providers receive digital documents from the digital document service through implemented integration, subject to the consent of the document owner provided through the user's cellular subscriber number registered on the portal by transmitting a one-time password or by sending a short text message as a response to the portal notification.
The processing of personal data and information constituting a legally protected secret contained in information systems is carried out by the service provider with the consent of the service recipient when registering on the portal.
When the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, documents are accepted and the result of the provision of public services is issued on the next working day.
When contacting through the portal:
1) an employee of the office of the service provider receives and registers the documents specified in the List within 15 (fifteen) minutes and sends them to the head of the service provider for resolution.
The status of acceptance of the request for the provision of public services, as well as a notification indicating the date and time of the provision of public services, is sent to the recipient's personal account;
2) the head of the service provider, or the person replacing him, gets acquainted with the contents of the documents, imposes a resolution and within 1 (one) working day sends an application for an extension of the lease term of the land plot to the authorized body for land relations – in case of an extension of the lease term of an agricultural land plot for farming or farming, agricultural production, or to a structural unit in the field of architecture and urban planning – in case of extension of the lease term of the land plot provided for the construction of the facility;
3) the head of the authorized body for land relations, or a structural unit in the field of architecture and urban planning, examines the documents and determines the responsible executor within 1 (one) hour;
4) for the land plots provided for the construction of the facility, the responsible executor of the authorized body in the field of architecture and urban planning identifies the land plot according to cadastral documentation within 1 (one) working day, checks for compliance with the requirements of the architectural and planning assignment, prepares a conclusion and sends it to the authorized body in the field of land relations;
5) for agricultural land plots for farming or farming, agricultural production, the responsible executive of the authorized body in the field of land relations within 1 (one) working day sends a request to the State Corporation for information on the immutability of the boundaries of the land plot, examines the results of monitoring the use of agricultural land provided for farming or farming agriculture, agricultural production;
6) The State Corporation shall, within 2 (two) business days, submit an appropriate conclusion indicating information on the boundaries of the land plot;
7) in the absence of grounds for refusal to provide public services, the responsible executor of the authorized body for land relations, within 1 (one) working day from the date of receipt of the conclusions, summarizes them, prepares a draft decision on granting the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot;
8) the head of the authorized body for land relations shall, within 1 (one) working day, coordinate a draft decision on granting the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot;
9) the head of the service provider signs a decision within 1 (one) working day on granting the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot. A copy of the decision of the service provider on granting the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot is sent to the authorized body for land relations to prepare a contract for temporary (short-term, long-term) paid (gratuitous) land use;
10) the responsible executor of the authorized body for land relations within 3 (three) working days prepares a draft agreement for temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot;
11) the head of the authorized body for land relations within 1 (one) working day signs a contract for temporary (short-term, long-term) paid (gratuitous) land use (lease) of a land plot;
12) the decision of the service provider to grant the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot and the contract of temporary (short-term, long-term) paid (gratuitous) land use (lease) of a land plot signed by the authorized body for land relations are sent through the portal to the personal account of the service recipient in the form of an electronic document, a signed EDS of the service provider.
If there are grounds for refusal to provide a public service, the service recipient is notified of the preliminary decision to refuse to provide a public service in accordance with Annex 3 to these Rules, which specifies the time and place (method) of the hearing to be able to express the position of the service recipient on the preliminary decision.
The notification of the hearing is sent no later than 3 (three) business days before the end of the period for the provision of public services. The hearing shall be held no later than 2 (two) business days from the date of notification.
Based on the results of the hearing, the service provider decides on granting the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot, concluding a temporary (short-term, long-term) paid (gratuitous) land use agreement, or on a reasoned refusal to provide public services.
A reasoned refusal to provide a public service is sent to the "personal account" of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider, or issued through the office of the service provider.
The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services.
The Ministry of Agriculture of the Republic of Kazakhstan, within 3 (three) working days from the date of approval or amendment of these Rules, sends information on 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 Contact Center.
In case of failure of the information system, the service provider immediately notifies the employee of the structural unit of the service provider responsible for the information and communication infrastructure.
The responsible employee for the information and communication infrastructure draws up a protocol on a technical problem and signs it by the service provider.
The service provider refuses to provide public services on the grounds specified in paragraph 9 of the List.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
A complaint against the decision, action (inaction) of the service provider on the provision of public services is submitted to the head of the service provider, to the authorized body for the assessment and control of the quality of public services.
In case of receipt of a complaint in accordance with paragraph 4 of Article 91 of the Administrative Procedural Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC of the Republic of Kazakhstan), the service provider sends it to the body considering the complaint (a higher administrative body and (or) an official) no later than 3 (three) working days from the date of receipt. The complaint by the service provider is not sent to the body considering the complaint (a higher administrative body and (or) an official), if a favorable act is adopted within 3 (three) working days, an administrative action is performed that fully satisfies the requirements specified in the complaint.
The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:
by the service provider – within 5 (five) business days from the date of its registration;
by the authorized body for the assessment and control of the quality of public services – within 15 (fifteen) working days from the date of its registration.
The period for consideration of the complaint by the authorized body for assessment and control of the quality of public services, the service provider, in accordance with paragraph 4 of Article 25 of the Law, is extended no more than 10 (ten) working days if necessary:
1) conducting additional examination or verification of the complaint or on-site verification;
2) Getting more information.
In case of extension of the period for consideration of a complaint, the official authorized to consider complaints, within 3 (three) working days from the date of extension of the period for consideration of the complaint, informs in writing (when filing a complaint on paper) or electronically (when filing a complaint electronically) to the service recipient who filed the complaint about the extension of the period consideration of the complaint with an indication of the reason for the extension.
Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal in accordance with paragraph 5 of Article 91 of the CPC of the Republic of Kazakhstan.
Appendix 1
to the Rules for the provision
of public services
"Extension of the lease term
of a land plot"
The list of basic requirements for the provision of public services
"Extension of the lease term of a land plot"
1Name of the service provider
Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional significance, akims of cities of regional significance (hereinafter referred to as the service provider).
2Ways of providing public services
1) office of the service provider;
2) e-government web portal www.egov.kz (hereinafter referred to as the portal).
3The term of the provision of public services
Within 10 (ten) business days.
4The form of public service provision
Electronic (partially automated)/paper.
5The result of the provision of public services
The decision of the service provider to grant the right of temporary (short-term, long-term) paid (gratuitous) land use (lease) for a land plot and the conclusion of a contract for temporary (short-term, long-term) paid (gratuitous) land use (lease) of a land plot, or a reasoned refusal to provide public services.
6The amount of payment charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan
Is free.
7The work schedule of the service provider and information objects
1) the service provider – from Monday to Friday from 9.00 to 18.30 hours, with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the labor legislation of the Republic of Kazakhstan;
2) the portal – around the clock, except for technical breaks in connection with repair work (when the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of public services is issued on the next working day).
Addresses of places where public services are provided are posted on:
1) the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan: www.gov .kz;
2) on the portal.
8The list of documents and information required from the service recipient for the provision of public services
to the service provider:
1) an application for an extension of the lease term of a land plot in accordance with Appendix 2 to the Rules for the provision of public services "Extension of the lease term of a land plot" (hereinafter – the Rules);
2) a copy of the identification document (an act for the right of temporary paid (long-term, short-term) land use (lease) of a land plot or a land cadastral plan);
3) a copy of the concluded agreement on temporary (short-term, long-term) paid (gratuitous) land use (lease) of the land plot;
to the portal:
1) an application for the extension of the lease term of a land plot in the form of an electronic document certified by the electronic digital signature of the service recipient;
2) an electronic copy of the identification document (an act for the right of temporary paid (long-term, short-term) land use (lease) of a land plot or a land cadastral plan);
3) an electronic copy of the concluded agreement on temporary (short-term, long-term) paid (gratuitous) land use (lease) of a land plot.
9Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan
1) establishing the unreliability of the documents submitted by the service recipient for receiving a public service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted data and information necessary for the provision of public services with the requirements established by part six of paragraph 3 of Article 43, part one of paragraph 2 of Article 37 of the Land Code of the Republic of Kazakhstan.
10Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form
The service recipient has the opportunity to receive information about the procedure and status of the provision of public services in remote access mode through the portal's "personal account", as well as a single contact center.
The contact numbers of the help services for the provision of public services are indicated on the portal. Unified contact center for the provision of public services: 1414, 8 800 080 7777.
Appendix 2
to the Rules for the provision
of public services
"Extension of the lease term
of a land plot"
Form
Akim ____________________________
(region, city, district)
____________________________
(last name, first name, patronymic
(if available))
from _________________________
(last name, first name, patronymic
(if any) physical
persons or the full name
of the legal entity)
____________________________
____________________________
(individual
identification number or
business identification number)
____________________________
____________________________
(details
of the identity document of an individual
or a representative of a legal entity)
____________________________
contact phone
number (if available), address
____________________________
locations
(for legal entities) or
residential address
(for individuals))
Application for extension of the lease term of the land plot
I ask you to grant the right of temporary (short-term, long-term) compensation
(gratuitous) land use (lease) for a land plot, for a period of ___years,
located at __________________________________________________
_________________________________________________________________________
(address (location), cadastral number of the land plot)
area ____________ hectare, for _________________________________________
(purpose of the land plot)
I agree to the use of information constituting a legally protected secret,
contained in information systems.
_________________________________________________________________________
Signature of the service recipient (when contacting the office of the service provider/electronic
digital signature (when contacting through the e-government web portal)
"____" __________20__ of the year.
Appendix 3
to the Rules for the provision
of public services
"Extension of the lease term
land plot"
Form
Notification of a preliminary decision on refusal to provide a public service
Dear(s) _______________
According to paragraph 1 of article 73 of the Administrative Procedural Code
the Code of the Republic of Kazakhstan, we hereby inform you that,
that you will be denied the provision of a public service "Extension of time
lease of a land plot", since:
____________________________________________________________________
(listing the reason for the refusal)
The hearing on the issue of refusal will be held in 2 (two) business days
from the date of sending this notification, where you can express your position
according to this decision (enter the required one):
_____________________________________________________________________
(date and time of the hearing, place (method)
conducting the hearing: in the building at/by
videoconferencing/other means of communication)
The service provider __________________________________________________ ( signature/electronic digital signature, surname, first name, patronymic (if any)
the head)
"____" _____________ 20 year