Rules for rendering public services "issuing a decision to change the intended purpose of a land plot"

Appendix 4 to the order Minister of agriculture Of the Republic of Kazakhstan dated October 1, 2020 No. 301

 Rules for rendering public services "issuing a decision to change the intended purpose of a land plot"

 Chapter 1. General provisions

1. These Rules of rendering of the state service "issue of the decision on change of purpose of land" (further – Rules) are developed according to subparagraph 1) of article 10 of the law of the Republic of Kazakhstan dated 15 April 2013 "On public services" (hereinafter – the Law) and determine the order of rendering the state service "issue of the decision on change of purpose of land" (further – the state service).
2. In the present Rules following basic concepts are used:

      1) personal account – a user's account on the web portal of "electronic government";

      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) the land Commission – a collegial body of the local Executive body created in accordance with article 43 of the Land Code of the Republic of Kazakhstan dated 20 June 2003 (hereinafter – the Code) to review applications (applications) and the preparation of opinions on the granting of land rights (definition of the winner of competition on granting the right of temporary paid land use (rent) for peasant or farming and agricultural production), to change the purpose of land and transfer of lands of water Fund lands of other categories;

      4) authorized body for land relations – a structural subdivision of local Executive bodies of the region, city of Republican significance, capital, district, 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) standard of public service – a list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services;

      7) web portal of "electronic government" (further – the portal) information system representing a uniform window of access to all consolidated governmental information, including normative legal base and public services, services for the issuance of technical conditions for connection to networks of natural monopolies and services of the entities of quasi-public sector provided in electronic form;

      8) electronic digital signature (hereinafter referred to as EDS) – a set of electronic digital characters created by means of an electronic digital signature and confirming the authenticity of an electronic document, its belonging and immutability of content.

 Chapter 2. Procedure for rendering public services

3. State service appears local Executive bodies of oblasts, cities of Republican significance, capital, districts and cities of regional status, akims of city of district significance, settlement, village, rural district (hereinafter – the provider).
4. For receiving the state services to physical and legal persons (hereinafter – service recipient) through the portal to the service provider direct:

       1) an application for changing the intended purpose of a land plot in accordance with Annex 1 to these Rules in the form of an electronic document certified by the service recipient's EDS;

       2) electronic copy of the act of cadastral (estimated) cost of land, changing its purpose, if necessary, payments to the budget the amount equal to the cadastral (estimated) cost of land, payments to the budget the amount equal to the difference between the cadastral (estimated) value according to paragraph 5 of article 9 of the Code.

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

5. A list of the main requirements for the provision of public services, including the characteristics of the process, the form, content and result of rendering, and also other information taking into account characteristics of the public service set out in the standard of the state service "issue of the decision on change of purpose of land" according to Appendix 2 to this Regulation.

      Data on the document proving the identity, on registration (re-registration) of a legal entity about registration of the individual entrepreneur or the start of your activity as the individual businessman 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 the gateway of "electronic government".

      The service recipient is sent a status of acceptance of the request for public service provision, as well as a notification indicating the date and time of public service provision to their personal account.

6. An employee of the service provider's office receives and registers the documents specified in paragraph 4 of these Rules, and passes them to the service provider's Manager, or to a person who replaces him, on the day of receiving the application.

       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, documents are accepted and the result of public service provision is issued on the following 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 service provider's authorized person's EDS услугодателя.

7. The head of the service provider or the person replacing him shall familiarize himself / herself with the contents of the documents, and imposes a resolution within 1 (one) working day sends a statement about the intended use of the land to the authorized body on land relations or in a structural unit in the sphere of architecture and urban planning, within the competence.
8. The responsible executor of the authorized body for land relations or a structural subdivision in the field of architecture and urban development, within the scope of its 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 municipal support.
9. within 3 (three) working days, the Approving authorities shall submit appropriate conclusions on the possibility of using the land plot for its intended purpose.
10. The responsible Executive of the authorized body for land relations or a structural subdivision in the field of architecture and urban development, within its 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.
11. The responsible Executive of the authorized body for land relations prepares materials for consideration by the land Commission.
12. 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 intended purpose of the land plot.
13. Responsible officer of the Commissioner for land relations or the structural unit in the sphere of architecture and urban planning, within the authority, within 1 (one) business day of receipt of the relevant opinion of the land Commission prepares the corresponding decision of the service provider.

      In case of making a decision (order) by the mayors of a city of district significance, settlement, village, rural districts, the conclusion of the land Commission is sent to the office of the service provider.

14. the decision of the service provider on changing the land plot or on a reasoned refusal to provide a public service is taken within 2 (two) working days from the moment of receipt of the relevant conclusion of the land Commission.
15. An employee of the service provider's office sends a corresponding decision to the service recipient's personal account via the portal in the form of an electronic document signed by the service provider's authorized person's EDS услугодателя.
16. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of public service provision.
17. in case of failure of the information system, the service provider immediately notifies the employee of the service provider's structural unitresponsible for the information and communication infrastructure.

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

18. The bases for refusal in providing the state service are:

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

       2) non-compliance of the service recipient and (or) the submitted materials, data and information required for rendering the public service with the requirements established by clause 5 of article 9 and clause 3-2 of article 97 of the Code;

       3) the negative response of the approving authorities to the request for approval, which is required for the provision of a public service in accordance with paragraph 5 of article 49-1 of the Code.

 Chapter 3. Procedure for appealing against decisions, actions (inaction) of service providersand (or) their officials on the provision of public services

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

       The complaint of the service recipientreceived by the service provider, in accordance with paragraph 2 of article 25 of the Law, is subject to review within 5 (five) working days from the date of its registration.

      The complaint of the service recipientreceived by the authorized body for assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.

20. 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 rendering public services "The issuance of the decision on changing the target purpose of land"
	Form
	to Akim ______________________________ (region, city, district, village, village, rural district ______________________________________ surname, name, patronymic (if available)) from ____________________________________ (last name, first name, patronymic (if any) _____________________________________ individuals _______________________________________ either the full name of the legal entity) _______________________________________ (individual identification number or _______________________________________ business identification number) _______________________________________ (requisites of the document proving the identity _______________________________________ physical or representative of a legal _______________________________________ person, contact phone number (if available), address ________________________________________ location (for legal entities) or address ________________________________________ of residence (for individuals))

              Application for changing the intended purpose of a land plot

       I ask You to change the purpose of land owned by me on
the right of private property (land) located at
_____________________________________________________________________________
_____________________________________________________________________________
cadastral number ________________________________________________________
with the target destination _________________________________________________________
on purpose _________________________________________________________
in connection with ____________________________________________________________________,
   (specify reason for changing the target purpose of the land parcel)
area_______________hectare.

      Title document no. _ _ _ _ from ______________ _______years,

      Identification document no. _ _ _ _ _ of ______ ________ _______ the year.

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

      The applicant ________________________________________________________
    (surname, name, patronymic (if available) of a natural person
 or the authorized representative of the legal entity, the digital signature)

      "____" __________20__ the year.

 

 

 

Appendix 2 to the Rules for rendering public services "Issuance of a decision to change the intended purpose of a land plot"

 Standard of public service " issuing a decision to change the intended purpose of a land plot"

1	Name of the service provider	Local Executive bodies of regions, cities of Nur-Sultan, Almaty, Shymkent, districts and cities of regional significance, mayors of the city of district significance, settlement, village, rural district (hereinafter referred to as the service provider).
2	Methods of providing public services (access channels)	Web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal).
3	The term for rendering public services	13 (is 13 (thirteen ) working days.
4	Form оказания of public service provision	E-mail address .
5	The result of rendering a public service	is The decision of the service provider to change the intended purpose of the land plot, or a reasoned refusal to provide a public service.
6	The amount of payment collected from the service recipient when providing a public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan	Freeof charge .
7	Working working Hours	The portal – round-the-clock, with the exception of technical breaks in connection with the repair works (when the service recipient applies after the end of working hours, on weekends and holidays, according to the Labor code of the Republic of Kazakhstan datedNovember 23, 2015, the application is accepted and the result of public service provision is issued on the following working day). Addresses of places where public services are provided are posted on the: 1) the Internet resource of the Ministry of agriculture of the Republic of Kazakhstan: <url> .gov.kz; 2) on the portal.
8	The list of documents necessary for rendering public services	1) the request to change the purpose of land in the form of electronic document certified by electronic digital signature of the applicant;  2) an electronic copy of the act of cadastral (estimated) cost of land, change its purpose, if necessary, payments to the budget the amount equal to the cadastral (estimated) cost of land, payments to the budget the amount equal to the difference between the cadastral (estimated) value pursuant to paragraph 5 of article 9 of the Land code of the Republic of Kazakhstan dated 20 June 2003 (hereinafter – Land code).
9	The grounds for refusal in providing the state service, established by the legislation of the Republic of Kazakhstan	1) establishing authenticity of documents submitted by a service recipient to obtain public service, and (or) data (information) contained in them; 2) the mismatch of the applicant and (or) submissions, data and information necessary for rendering public services the requirements of paragraph 5 of article 9 and paragraph 3-2 of article 97 of the Land code;  3) a negative response of the matching bodies to the request for approval, which is required for rendering of the state service according to point 5 of article 49-1 of the Land code.
10	Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form	The applicant it has the ability to receive information about the procedure and status of public service provision in remote access mode through the portal's "personal account", as well as a single contact center. The contact numbers of reference services for the provision of public services are indicated on the portal. Unified contact center for questions of rendering of the state services: 1414, 8 800 080 7777.

 

Дата публикации

30 октября 2020