Note from <url>!
For the procedure for putting into effect, see paragraph 4.
In accordance with subparagraph 4-14) of paragraph 1 of Article 14 of the Land Code of the Republic of Kazakhstan, I ORDER:
1. Approve the attached Rules for the renewal of the contract of temporary paid land use (lease) of agricultural land plots when alienating the right of land use.
2. The Committee on Land Resources Management of the Ministry of Agriculture of the Republic of Kazakhstan, in accordance with the procedure established by law, shall provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.
4. This order shall enter into force upon the expiration of sixty calendar days after the date of its first official publication.
Minister of Agriculture
Of the Republic of Kazakhstan E. Karashukeev
"AGREED"
Ministry of Digital Development, Innovation
and Aerospace Industry
Republic of Kazakhstan
Approved by order
Minister of Agriculture
Of the Republic of Kazakhstan
dated April 5, 2022 No. 98
Rules for the renewal of the contract of temporary paid land use (lease) of agricultural land plots in case of alienation of the right of land use
Chapter 1. General provisions
1. These Rules for the renewal of the contract of temporary paid land use (lease) of agricultural land plots when alienating the right of land use (hereinafter – the Rules) are developed in accordance with subparagraph 4-14) of paragraph 1 of Article 14 of the Land Code of the Republic of Kazakhstan (hereinafter – the Code) and determine the procedure for the renewal of the contract of temporary paid land use (lease) of agricultural land plots in case of alienation of the right of land use.
Chapter 2. The procedure for the renewal of the contract of temporary paid land use (lease) of agricultural land plots in case of alienation of the right of land use
2. The renewal of the contract of temporary paid land use (lease) of agricultural land plots in the case provided for in subparagraph 5-1) of part six of paragraph 1 of Article 33 of the Code is carried out by the authorized body for land relations of the district, city of regional significance (hereinafter – the authorized body).
3. A citizen or a legal entity of the Republic of Kazakhstan without foreign participation (hereinafter referred to as a land user) who has alienated the right of land use on agricultural land, within 3 (three) working days after the civil transaction is completed, sends a notification to the authorized body at the location of the land plot on the renewal of the contract of temporary paid land use (lease) of the land plot agricultural land (hereinafter referred to as the notification of renewal) in accordance with Annex 1 to these Rules.
4. Notification of the re-registration of a land user who has alienated the right of land use on agricultural land is subject to mandatory acceptance, registration, accounting and consideration by the authorized body.
5. The authorized body, within 5 (five) working days from the date of receipt of the notification of renewal, reviews the notification of renewal for the correctness of filling in and compliance with the requirements of these Rules.
Based on the results of consideration of the notification of renewal, the authorized body makes a decision to renew the contract of temporary paid land use (lease) of agricultural land (hereinafter referred to as a positive decision), or to refuse to renew the contract of temporary paid land use (lease) of agricultural land on the grounds specified in paragraph 11 of these Rules.
When making a decision to refuse to renew a contract for temporary paid land use (lease) of an agricultural land plot, the authorized body sends a reasoned refusal to the land user who has alienated the right of land use on agricultural land, justifying the reasons for the impossibility of renewing the contract for temporary paid land use (lease) of an agricultural land plot.
6. If a positive decision is made, the land user is notified of the conclusion of a temporary paid land use (lease) agreement for agricultural land in accordance with Annex 2 to these Rules within the period specified in paragraph 5 of these Rules.
7. Notification of the conclusion of a contract for temporary paid land use (lease) of an agricultural land plot is sent by the authorized body by registered letter, telegram with a notification of delivery, including by telephone message notification, short text messages via cellular communication channels or e-mail, as well as using other means of communication that ensure the recording of the notification.
8. The authorized body within 3 (three) working days from the date of adoption of a positive decision prepares a draft contract for temporary paid land use (lease) of a land plot in accordance with the order of the Deputy Prime Minister of the Republic of Kazakhstan – The Minister of Agriculture of the Republic of Kazakhstan dated January 30, 2019 No. 41 "On approval of a model contract for temporary Paid Land Use (Lease) of an agricultural land plot for Farming or farming, agricultural production" (registered in the Register of State Registration of Regulatory Legal Acts No. 18267) or by Order of the Minister of Agriculture of the Republic of Kazakhstan dated September 26, 2019 No. 353 "On approval of a model contract for temporary paid land use (lease) of a land plot" (registered in the Register of State Registration of Regulatory Legal Acts No. 19437).
9. A land user who has acquired the right of temporary land use for an agricultural land plot, within 3 (three) working days from the date of receipt of a notification of signing a contract of temporary paid land use (lease) of an agricultural land plot, applies to the authorized body for signing a contract of temporary paid land use (lease) of an agricultural land plot.
10. The right of temporary paid land use for a land plot in case of a change of land user arises from the moment of registration of changes in the terms of the contract of temporary paid land use (lease) of agricultural land plots in accordance with the procedure established by the Law of the Republic of Kazakhstan "On State registration of rights to immovable property" and the Rules for the provision of public services "State registration of rights (encumbrances) to immovable property", approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated May 4, 2020 No. 27 (registered in the Register of State Registration of Regulatory Legal Acts No. 20610).
When reissuing a contract of temporary paid land use (lease) of an agricultural land plot, the land user who has acquired the right of temporary paid land use for the land plot becomes responsible to the lessor under the contract of temporary paid land use (lease) of agricultural land plots.
11. The grounds for refusal to renew the contract of temporary paid land use (lease) of agricultural land are:
1) establishing the unreliability of the documents submitted by the land user who has alienated the right of land use on agricultural lands for the re-registration of the contract of temporary paid land use (lease) of agricultural land plots, and (or) the data (information) contained therein;
2) non-compliance of the land user and (or) the submitted data and information with the requirements established by paragraph 4 of Article 23, paragraphs 1 and 6 of Article 24, subparagraph 5-1) of part six of paragraph 1 of Article 33, paragraph 4 of Article 96-1 of the Code.
Appendix 1 to the Rules
for the renewal of the contract
of temporary paid
land Use (lease)
of agricultural land plots
in the alienation
of land use rights
Form
To the manager
____________________________
(name
of the authorized body for
____________________________
land relations of the district,
cities of regional significance)
____________________________
(last name, first name, patronymic
(if available))
from _________________________
(last name, first name, patronymic
(if any)
of an individual or
the name
of a legal entity)
____________________________
(individual
identification number
or business
identification number)
____________________________
(details
of the identity document
of an individual or
an authorized
representative of a legal entity,
____________________________
contact phone
number (if available),
location address (for legal entities) or
residential address
(for individuals))
Notification of renewal of the contract of temporary paid land use (lease) of agricultural land plots
Land user _________________________________________________________,
(surname, first name, patronymic (if any)
of an individual or the full name of a legal entity)
on behalf of which acts