Rules for the provision of public services " Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"

 

 

Appendix 10 to the order
Minister of agriculture
Of the Republic of Kazakhstan
dated October 1, 2020 No. 301

Rules for the provision of public services " Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"

 Chapter 1. General provisions

  1. These terms of rendering the state service "the Acquisition of rights to land plots which are in state ownership, does not require bidding (tender, auction)" (further – Rules) are developed in accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (hereinafter – the Law) and determine procedure for the provision of state services "the Acquisition of rights to land plots which are in state ownership, does not require bidding (tender, auction)" (further – the state service).
  2. the following basic concepts are used in these Rules::

      1) personal account – the user's account on веб-порталеthe e-government web portal";

      2) land use project-the scheme (plan) of land, data on land area, its boundaries and location, information about adjacent owners and land users and land encumbrances and easements on land;

      3) decisions of local Executive bodies – legal acts of local Executive bodies of oblasts, cities of Republican significance, the capital, districts, cities of regional significance, as well as akims of cities of district significance, settlements, villages, rural districts on granting the right to a land plot;

       4) land Commission – a collegial body under the local Executive body established in accordance with article 43 of the Land code of the Republic of Kazakhstan dated June 20, 2003 (hereinafter referred to as the "land Commission").Code) for consideration of applications (applications) and preparation of conclusions on granting rights to land plots (on determining the winner of the competition for granting the right of temporary paid land use (lease) for conducting peasant or farm farming, agricultural production), on changing the purpose of land plots and on transferring water Fund lands to lands of other categories;

      5) authorized body for land relations – a structural subdivision of local Executive bodies of a region, city of Republican significance, capital, district, city of regional significance, performing functions in the field of land relations;

      6) land plot – a part of land allocated within closed boundaries, assigned in accordance with the Code to the subjects of land relations;

      7) automated information system of the state land cadastre (hereinafter – AIS GZK) - an information system intended for maintaining the state land cadastre, containing qualitative and quantitative characteristics of land plots, including their borders, as well as information about land owners and land users;

      8) 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 rendering, as well as other information, taking into account the specifics of the provision of public services;

      9) web portal of "the electronic government" (further – the portal) information system, which is a single window access to the entire consolidated government information, including regulatory frameworks, and public services, services for the issuance of technical conditions for connection to networks of natural monopolies and services of subjects of the quasi-public sector, provided in electronic form;

      10) 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 rendering public services

  1. the State service is provided by local Executive bodies of oblasts, cities of Republican significance, the capital, districts, cities of regional significance, akims of cities of district significance, settlements, villages, rural districts (hereinafter referred to as the service provider).
  2. For public services, individuals and legal entities (further – uslugopoluchatel) through the portal the service provider guide:

      first stage:

       1) an application for the acquisition of the right to a land plot in accordance with Annex 1 to these Rules in the form of an electronic document certified by the EDS of the service recipient;

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

      second stage: approved land management project.

      услугополучателейIt is not allowed to request documents that can be obtained from information systems from service recipients.

  1. The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of rendering, as well as other information, taking into account the specifics of the provision of public services, is set out in the public service standard "Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)" in accordance with Annex 2 to these Rules.

      Data on the identity document, on registration (re-registration) of a legal entity, about the state registration of individual entrepreneur, or the beginning of the activity as an individual entrepreneur, confirming the right of ownership of real property, title and identification documents for the land plot, the absence of a charge on land, stremyatsya by the service provider from the corresponding state information systems through a lock of "the electronic government".

      УслугополучателюThe 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.

  1. The state service is rendered by the service provider in two stages.

      First step: whether the claimed land for the stated purpose, making the act of choosing a land plot (in case of purchase of land for construction, except for the construction of facilities within the village), the issuance of the report of the land Commission within 12 (twelve) working days:

      1) an employee of the service provider's office accepts the documents submitted by the service recipient within 15 (fifteen) minutes услугополучателемand transmits them to the head of the service provideror a person replacing him.

      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, documents are accepted and the result of rendering a public service is issued on the following working day;

      2) the head of the service provider, or a person replacing him, within 1 (one) business day reviews and sends documents within the scope of competence for execution to the authorized bodies for land relations and in the field of architecture and urban planning.

      In cases where the applicant is in the registry of persons who have forcibly seized land, or the applicant submitted an incomplete package of documents, an employee of the authorized body on land relations within 1 (one) working day shall prepare a reasoned refusal in further consideration of the application and sends a notification to your personal Cabinet in the form of an electronic document signed with a digital signature of the head of the authorized body on land relations;

      3) the authorized bodies for land relations and in the field of architecture and urban planning, within 7 (seven) business days from the date of receipt of the application, prepare a proposal on the possibility of using the requested land plot for the declared purpose in accordance with territorial zoning, with the land plot scheme attached to it, and submit materials to the land Commission;

      4) the conclusion of the land Commission shall be drawn up in triplicate in the form of a Protocol decision within 2 (two) business days from the date of transmission by the authorized body for land relations to the land Commission of a proposal on the possibility of using the requested land plot for the declared purpose in accordance with territorial zoning;

      5) an employee of the authorized body on land relations in the case of a positive conclusion of the land Commission within 1 (one) working day sends one copy of the positive conclusion of the land Commission to the applicant for preparation of land use planning in case of a negative opinion of the land Commission shall prepare a reasoned refusal in rendering the state service and sends to the personal account of the applicant in the form of an electronic document signed with a digital signature of the head of the service provider.

      If a decision (order) is made by the akims of a city of district significance, a settlement, a village, or rural districts, the conclusion of the land Commission is sent to the office of the service provider.

      Second stage: making a decision on granting the right to a land plot – within 3 (three) business days from the date of receipt of the approved land management project:

      1) an employee of the authorized body for land relations, within 2 (two) business days from the date of receipt of the approved land management project, ensures the preparation and approval of a draft decision on granting the right to a land plot;

      2) the head of the service provider signs the decision on granting the right to the land plot within 1 (one) business day;

      3) an employee of the service provider's office, within 15 (fifteen) minutes from the moment of signing, sends the decision on granting the right to a land plot through the portal to the service recipient's personal account in the form of an electronic document signed by the EDS of the authorized person of the service provider.

  1. The 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.
  2. in the event of an information system failure, the service provider immediately notifies the employee of the service provider's structural divisionresponsible for the information and communication infrastructure.

      In this case, the responsible employee for the information and communication infrastructure draws up a Protocol about a technical problem and signs it by the service provider.

  1. The grounds for refusal in rendering the state service are:

      1) establishing the unreliability of documents submitted by the service recipient for receiving a public service, and (or) the data (information) contained therein;

       2) non-compliance of the service recipient and (or) the submitted materials, data and information required for the provision of public services with the requirements established by the second part of paragraph 1 and paragraph 6 of article 24, the second part of paragraph 6 of article 49-2, paragraphs 2, 2-1 and 4 of article 50 of the Code.

 Chapter 3. Procedure for appealing decisions, actions (omissions) of service providersand (or) their officials on issues related to the provision of public services

  1. Complaint against a decision, action (omission) service provider's request for the provision of public services is submitted to the head of the service provider, to the authorized body for evaluating and controlling the quality of public services.

       услугополучателя, поступившая в адрес услугодателяIn accordance with paragraph 2 of article 25 of the Law , the service recipient's complaint received by the service provider is subject to consideration within 5 (five) business days from the date of its registration.

      A complaint of the service recipientreceived by the authorized body for evaluating and controlling the quality of public services is subject to consideration within 15 (fifteen) business days from the date of its registration.

  1. in cases of disagreement with the results of rendering a public service, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of article 4 of the Law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 1
to The rules for the provision
of public services
"The acquisition of rights to
land plots which
are in state
ownership, does not require
bidding (tender, auction)"

 

Form

 

To the mayor's office _____________________
(region, city, district,
settlement, village, rural district)
____________________________
(last name, first name, patronymic (if any))
from _________________________
(surname, name, patronymic
(if any) physical
___________________________
the person or full name
of the legal person)
____________________________
(individual identification number or
business identification number)
____________________________
(details of the document
certifying the identity
____________________________
a physical or representative
of a legal person,
____________________________
contact phone
(if available), address
____________________________
location
(for legal entities) or
____________________________
address of residence (for individuals))

Application for acquisition of the right to a land plot

       Please provide a plot of land located at
__________________________________________________________________
    (address (location) of land)
on the right __________________________________________________________,
     (view requested the right)

      by area ______________ hectare, for _____________________________.
                                    (intended use of the land plot)

       Consentн(to the use of information constituting a legally protected secret
contained in information systems.

      Service recipient _______________________________________________
    (surname, name, patronymic (if available), individual or
  authorized representative of the legal person, electronic digital signature of the applicant)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 2
to The rules for the provision
of public services
"Acquisition of rights to
land plots that
are in state
ownership, which does not require
bidding (contests, auctions)"

State service standard " Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"

1

 Name of the service provider

Local Executive bodies of regions and citiesNur-Sultan, Almaty and Shymkent, districts, cities of regional significance, cities of district significance, akims of settlements, villages, rural districts (hereinafter referred to as the service provider).

2

 Public service delivery methods (access channels)

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

3

Term of rendering a public service

First step: whether the claimed land for the stated purpose, making the act of choosing a land plot (in case of purchase of land for construction of facilities), issuance of land of the fee – within 12 (twelve) working days.
The second stage: making a decision on granting the right to a land plot with the attachment of a purchase and sale agreement or temporary (short – term, long-term) paid (gratuitous) land use-within 3 (three) business days from the date of receipt of the approved land management project.

4

Form оказания of public service provision

Electronic.

5

Result of rendering a public service

The decision of the service provider to grant the right to a land plot, or a reasoned refusal to provide a public service.

6

The amount of payment collected from the service recipient in the provision of public services, and the methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan

Freeof charge .

7

Working hours

 Portal – around the clock, with the exception of technical interruptions due to maintenance works (turning of the applicant after the end of working hours, weekends and holidays according to the Labor code of the Republic of Kazakhstan datedNovember 23, 2015, an application and issue of result of rendering the state service is carried out as a working day).
Addresses of places where public services are provided can be found on:
1) an Internet resource Ministry of agriculture of the Republic of Kazakhstan: www.gov.kz;
2) Internet resource The state Corporation: www.gov4c.kz;
3) on the portal.

8

List of documents required for the provision of public services

First stage:
1) an application for the acquisition of the right to a land plot in the form of an electronic document signed with the electronic digital signature of the service recipient;
2) a scheme (plan) of the requested land plot.
Second stage: approved land management project.

9

The grounds for refusal in rendering the state service, established by the legislation of the Republic of Kazakhstan

1) establishment of the unreliability of the documents submitted by the applicant for obtaining public services, and (or) data (information) contained therein;
 2) inconsistency of the applicant and (or) the materials submitted, the data and information required for the provision of public services, the requirements of the second part of paragraph 1 and paragraph 6 of article 24, the second part of paragraph 6 of article 49-2, paragraphs 2, 2-1 and 4 of article 50 of the Land code of the Republic of Kazakhstan dated June 20, 2003.

10

 Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form

The service recipient has the opportunity to receive information about the procedure and status of providing public services in remote access mode through the portal's" personal account", as well as a single contact center.
Contact phone numbers of information services for the provision of public services are listed on the portal. Unified contact center for the provision of public services: 1414, 8 800 080 7777.

 

Rules for the provision of public services " Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"
Дата публикации
09 февраля 2021