Appendix 14 to the order
Minister of Agriculture
Of the Republic of Kazakhstan
dated October 1, 2020 No. 301
Rules for the provision of the state service " Sale of a land plot to private ownership at a time or in installments"
Chapter 1. General provisions
These Rules for the provision of the state service "Sale of land to private ownership at a time or in installments" (hereinafter – the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter-the Law) and determine the procedure for the provision of the state service "Sale of land to private ownership at a time or in installments" (hereinafter – the state service).
The following basic concepts are used in these Rules:
1) personal account – the user's account on the e-government web portal";
2) public service standard – a list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services;
3) e-government web portal (hereinafter referred to as the portal) – 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 conditions for connecting to the networks of natural monopoly entities and services of quasi-public sector entities provided in electronic form;
4) electronic digital signature (hereinafter referred to as EDS) – a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of its content.
Chapter 2. Procedure for the provision of public services
The state service is provided by local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, cities of district significance, akims of a village, village, rural district (hereinafter referred to as the service provider).
In order to receive a state service, individuals and legal entities (hereinafter referred to as the service recipient), through the office of the service provider, or through the portal, send:
to the service provider:
1) an application for the sale of a land plot to private ownership in accordance with Annex 1 to these Rules;
2) identity document (for identification purposes);
3) a copy of the act of cadastral (estimated) value of the land plot;
to the portal:
1) an application for the sale of a land plot to private ownership in accordance with Annex 1 to these Rules in the form of an electronic document certified by the EDS of the service recipient;
2) an electronic copy of the act of cadastral (estimated) value of the land plot.
The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is set out in the standard of public services "Sale of land to private ownership at a time or in installments" in accordance with Annex 2 to these Rules.
Information on the identity document, on the registration (re-registration) of a legal entity, on the registration of an individual entrepreneur, or on the beginning of activity as an individual entrepreneur, confirming the ownership of real estate, on the title and identification documents for a land plot, on the absence of encumbrances on a land plot, is processed by the service provider from the relevant state information systems through the "electronic government" gateway.
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 service recipient's personal account.
Confirmation of acceptance of the application on paper in the office of the service provider is a mark on its copy of registration with the date, time (hours, minutes).
An employee of the office of the service provider within 15 (fifteen) minutes accepts and registers the submitted documents and sends them to the head of the service provider for resolution.
If the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015, the receipt of documents and the issuance of the result of the provision of public services are carried out on the next working day.
The head of the service provider reviews the submitted documents and sends them for execution to the head of the authorized body for land relations (hereinafter referred to as the authorized body) on the day of receipt of the application.
The head of the authorized body reviews the documents and determines the responsible executor within 1 (one) hour.
The responsible executor of the authorized body within 2 (two) working days identifies the land plot according to cadastral documentation and prepares a draft decision on granting the right of private ownership to the land plot or a reasoned response on refusal to provide a public service.
The head of the authorized body within 1 (one) working day agrees on a draft decision on granting the right of private ownership of a land plot or a reasoned response on refusal to provide a public service.
The head of the service provider within 1 (one) working day signs the decision on granting the right of private ownership of the land plot or a reasoned response on refusal to provide a public service.
The office of the service provider within 15 (fifteen) minutes from registration of the decision on granting the right of private ownership of the land, or the motivated answer about refusal in providing the state service, and sends result of rendering the state services to the service recipient.
If the service recipient applies through the portal, the result of the provision of the state service is sent to the personal account of the service recipient in the form of an electronic document signed by the EDS of the head of the service provider.
The service provider provides data entry into the information system for monitoring the provision of public services on the stage of provision of public services.
In case of failure of the information system, the service provider immediately notifies the employee of the structural division of the service provider responsible for the information and communication infrastructure.
In this case, the responsible employee for the information and communication infrastructure draws up a protocol on the technical problem and signs it by the service provider.
The grounds for refusal to provide a public service are:
1) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained in them;
2) mismatch of the applicant and (or) submissions, data and information necessary for rendering public services the requirements of part six, paragraph 3 of article 43 of the Land code of the Republic of Kazakhstan dated 20 June 2003.
Chapter 3. 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.
The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
In cases of disagreement with the results of the provision of public services, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.
Appendix 1
to the Rules for the provision
of the state service
" Sale of land
in private ownership
at a time or in installments"
Form
To Akim ______________________
(region, city, district,
village, village, rural district)
____________________________
(last name, first name, patronymic (if any))
from _________________________
(last name, first name, patronymic
(if any) of a physical person
____________________________
legal entity or full name
of the legal entity)
____________________________
(individual identification number
or business identification number)
____________________________
(details
of the identity document
____________________________
an individual or a representative
of a legal entity,
____________________________
contact phone number (if available), address
____________________________
location (for legal entities) or
____________________________
residential address (for individuals))
Application for the sale of a land plot in private ownership
Please grant the right of private ownership of the land plot,
at the same time or in installments, located at the address _____________
__________________________________________________________________
(address (location) of the land plot)
area ____________ hectares, for _______________________________.
(purpose of the land plot)
I agree to the use of information that constitutes a legally protected secret contained in information systems.
The applicant _______________________________________________