Rules for the provision of public services "Sale of land in 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 the main 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) the web portal of "electronic government" (hereinafter referred to as the portal) is an information system that provides 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).
To receive a public 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) an 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 about the identity document, about the registration (re-registration) of a legal entity, about the registration of an individual entrepreneur, or about the beginning of activity as an individual entrepreneur, confirming the ownership of real estate, about the title and identification documents for the land plot, about the absence of encumbrances on the land plot, is processed by the service provider from the relevant state information systems through the gateway of "electronic government".
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 in the personal account.
Confirmation of acceptance of the application on paper in the office of the service provider is a mark on its copy of the registration with the date, time (hours, minutes).
An employee of the office of the service provider receives and registers the submitted documents within 15 (fifteen) minutes 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, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015, the documents are accepted and the result of the provision of public services is issued 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 the 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 public services.
The head of the authorized body shall, within 1 (one) working day, approve a draft decision on granting the right of private ownership to 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 a decision on granting the right of private ownership of the land plot or a reasoned response on refusal to provide a public service.
An employee of the office of the service provider within 15 (fifteen) minutes registers the decision to grant the right of private ownership of the land plot, or a reasoned response to the refusal to provide a public service, and sends the result of the provision of a public service to the service recipient.
If the service recipient applies through the portal, the result of the provision of the public service is sent to the service recipient's personal account in the form of an electronic document signed by the EDS of the service provider's manager.
The service provider provides data entry into the information system for monitoring the provision of public services on the stage of the provision of public services.
In the event of a failure of the information system, the service provider immediately notifies the employee of the service provider's structural unit 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 therein;
2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for the provision of public services with the requirements established by part six of paragraph 3 of Article 43 of the Land Code of the Republic of Kazakhstan dated June 20, 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 public services
"Sale of land
in private ownership
at a time or in installments"
Form
To the Mayor ______________________
(region, city, district,
village, village, rural district)
____________________________
(last name, first name, patronymic (if any))
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
____________________________
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 a time or in installments, located at the address ________________________
_____________________________________________________________________________
(address (location) of the land plot)
by area ____________ hectare, for ________________________________________.
(purpose of the land plot)
I agree to the use of information that constitutes a legally protected secret contained in information systems.
Service recipient _______________________________________________________
(last name, first name, patronymic (if any)