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
These Rules for the provision of public services "Acquisition of rights to land plots that are in state ownership, which do not require bidding (contests, auctions)" (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 public services "Acquisition of rights to land plots that are in state ownership, which do not require bidding (contests, auctions)" (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) land management project-a scheme (plan) of a land plot, information about the area of the land plot, its boundaries and location, information about adjacent owners and land users of land plots and about encumbrances and easements on land plots;
3) 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;
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) 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;
6) land plot – a part of land allocated within closed borders, 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 designed for maintaining the state land cadastre, containing qualitative and quantitative characteristics of land plots, including their boundaries, as well as information about the owners of land plots and land users;
8) 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;
9) 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;
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 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, akims of cities of district significance, settlements, villages, rural districts (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:
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.
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 "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.
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 "electronic government" gateway.
The service recipient is sent to the personal account a status on 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.
The state service is provided by the service provider in two stages.
The first stage: determining the possibility of using the requested land plot for the stated purpose, making a land plot selection act (when requesting a land plot for the construction of objects, except for the construction of objects within the boundaries of a locality), issuing a conclusion of the land commission-within 12 (twelve) working days:
1) an employee of the office of the service provider within 15 (fifteen) minutes accepts the documents submitted by the service recipient and passes them to the head of the service provider, or to the 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, the documents are accepted and the result of the provision of public services is issued on the following working day;
2) the head of the service provider, or a person who replaces him, within 1 (one) working day, considers and sends documents within the competence for execution to the authorized bodies for land relations and in the field of architecture and urban planning.
In cases where the service recipient is included in the register of persons whose land plots were forcibly seized, or the service recipient submitted an incomplete set of documents, an employee of the authorized body for land relations within 1 (one) working day prepares a reasoned refusal to further consider the application and sends a notification to the personal account in the form of an electronic document signed by the EDS of the head of the authorized body for land relations;
3) the authorized bodies for land relations and in the field of architecture and urban planning, within 7 (seven) working days from the date of receipt of the application, prepare a proposal on the possibility of using the requested land plot for the stated purpose in accordance with the territorial zoning, with an appendix to it of the land plot scheme, and submit materials to the land commission;
4) the conclusion of the land commission is drawn up in triplicate in the form of a protocol decision within 2 (two) working days from the date of transmission by the authorized body for land relations to the land commission of the proposal on the possibility of using the requested land plot for the stated purpose in accordance with the territorial zoning;
5) an employee of the authorized body for 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 service recipient for the preparation of a land management project, in the case of a negative conclusion of the land commission, prepares a reasoned refusal to provide a public service and sends it 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.
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 second stage: making a decision on granting the right to a land plot-within 3 (three) working 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) working days from the date of receipt of the approved land management project ensures the preparation and approval of the draft decision on granting the right to a land plot;
2) the head of the service provider within 1 (one) working day signs the decision on granting the right to the land plot;