Appendix 4 to the order
Minister of Agriculture
of the Republic of Kazakhstan
dated October 1, 2020 No. 301
Rules for the provision of public services "Issuance of a decision to change the intended purpose of a land plot"
Chapter 1. General provisions
These Rules for the provision of the state service "Issuance of a decision to change the purpose of a land plot" (hereinafter referred to as 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 State Services" (hereinafter referred to as the Law) and determine the procedure for the provision of the state service "Issuance of a decision to change the purpose of a land plot" (hereinafter referred to as 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) 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 district significance, settlements, villages, rural districts on granting the right to a land plot;
3) 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;
4) the authorized body for land relations – a structural subdivision of the local executive bodies of the region, the city of republican significance, the capital, the district, the city of regional significance, performing functions in the field of land relations;
5) land plot – a part of land allocated within closed borders, assigned in accordance with the Code to the subjects of land relations;
6) 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;
7) 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;
8) 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 and cities of regional significance, akims of a city of district significance, a village, a village, a rural district (hereinafter referred to as the service provider).
In order to receive a public service, individuals and legal entities (hereinafter referred to as the service recipient) send to the service provider via the portal:
1) an application for changing the intended purpose of the 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) an electronic copy of the act of cadastral (estimated) value of the land plot, if its intended purpose is changed, if it is necessary to pay to the budget an amount equal to the cadastral (estimated) value of the land plot, to pay to the budget an amount equal to the difference between the cadastral (estimated) value in accordance with paragraph 5 of Article 9 of the Code.
It is not allowed to request documents from service recipients that can be obtained from information systems.
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 "Issuance of a decision to change the intended purpose of a land plot" 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.
An employee of the office of the service provider receives and registers the documents specified in paragraph 4 of these Rules and passes them to the head of the service provider, or to the person replacing him, on the day of receiving the application.
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 documents are accepted and the result of the provision of public services is issued on the next working day.
If the service recipient submits an incomplete set of documents and / or expired documents, the service provider prepares a refusal to accept the application within 1 (one) business day and sends a notification 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.
The head of the service provider or the person who replaces him / her becomes familiar with the content of the documents, imposes a resolution and within 1 (one) working day sends an application for changing the purpose of the land plot to the authorized body for land relations or to a structural unit in the field of architecture and urban planning, within the competence.
The responsible executor of the authorized body for land relations or a structural subdivision in the field of architecture and urban planning, within the competence within 1 (one) working day from the date of receipt of the application, determines the possibility of using the land plot for the stated purpose and sends it for approval simultaneously to all interested state bodies, relevant services for engineering and utilities.
Within 3 (three) working days, the approving authorities shall submit the relevant conclusions on the possibility of using the land plot for the stated intended purpose.
The responsible executive of the authorized body for land relations or a structural subdivision in the field of architecture and urban planning, within the competence, within 1 (one) working day from the date of receipt of the conclusions, prepares a proposal on the possibility of using the land plot for the stated purpose.
The responsible executive of the authorized body for land relations prepares materials for consideration by the land commission.
The conclusion of the land commission is drawn up in two copies in the form of a protocol decision within 5 (five) working days from the date of receipt by the land commission of a proposal on the possibility of changing the purpose of the land plot.
The responsible executive of the commissioner for land relations or a structural subdivision in the field of architecture and urban planning, within the competence, within 1 (one) working day from the date of receipt of the relevant conclusion of the land commission, prepares the relevant decision of the service provider.
If a decision (order) is made by the akims of a city of district significance, a village, a village, or rural districts, the conclusion of the land commission is sent to the office of the service provider.
The decision of the service provider on changing the land plot or on a reasoned refusal to provide a public service is made within 2 (two) working days from the date of receipt of the relevant conclusion of the land commission.
An employee of the service provider's office sends a corresponding decision via 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.
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 paragraph 5 of Article 9 and paragraph 3-2 of Article 97 of the Code;