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Approved |
Standard of public service
" Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"
Footnote. Standard - in edition of the order of the Deputy Prime Minister of Kazakhstan - Minister of agriculture from 21.01.2019 No. 18 (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 1. General provisions
Acceptance of the application and issuance of the result of rendering the public service are carried out via:
1) the service provider's office;
2) the State Corporation "Government for citizens" (hereinafter referred to as the State Corporation).
Footnote. Paragraph 3 in edition of order of the Minister of agriculture from 27.09.2019 No. 356 (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 2. Procedure for rendering public services
1) from the date of submission of the package of documents to the service provider, to the State Corporation:
Stage 1: determination of the possibility of using the requested land plot for its intended purpose, preparation of a land selection certificate, issuance of a land Commission opinion within 23 (twenty-three) working days;
in the Public Corporation, the day of reception does not enter in time rendering the state service, with the result of rendering the state service the provider provides to the State Corporation the day before the termination of term of rendering the state service;
Stage 2: from the date of approval of the land management project, making a decision on granting land use rights to a land plot 7 (seven) working days;
2) the maximum allowed waiting time for submitting a package of documents is 15 (fifteen) minutes;
3) the maximum allowed service time is 15 (fifteen) minutes.
Form of providing the result of rendering a public service: paper.
1) the service provider from Monday to Friday from 9.00 to 18.30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays, according to the labor legislation of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan dated December 13, 2001 "on holidays in the Republic of Kazakhstan" (hereinafter – the law on holidays).
Reception of the application and issuance of the result of rendering the state service are carried out from 9.00 to 17.30 hours with a lunch break from 13.00 to 14.30 hours.
The state service is provided at the location of the land plot in the order of priority, without prior appointment and accelerated maintenance;
2) State Corporation – from Monday to Saturday inclusive, in accordance with the work schedule from 9.00 am to 20.00 PM, without lunch break, except for Sundays and holidays, in accordance with the labor legislation of the Republic of Kazakhstan and article 5 Of the law on holidays.
The public service is provided at the location of the land plot in the order of "electronic queue" without accelerated maintenance and prior appointment, it is possible to book an electronic queue through the web portal "electronic government" www.egov.kz (hereinafter referred to as the portal).
Stage 1:
1) an application for the acquisition of the right to a land plot in the form specified in Annex 1 to this Standard;
2) an identity document (for identification purposes);
Stage 2:
approved land management project.
It is not allowed to demand documents that can be obtained from information systems from service recipients.
Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur, or the beginning of activity as an individual entrepreneur, confirming the ownership of real estate, title and identification documents for the land plot, and the absence of encumbrances on the land plot, the service provider and an employee of a State Corporation receive from the relevant state information systems through the "e-government"gateway.
The service provider and an employee of a State Corporation shall obtain the consent of the service recipient to use information constituting a legally protected secret contained in information systems in the provision of public services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When the service recipient submits all the necessary documents:
to the service provider confirmation of acceptance of the application on paper is a note on its copy of registration in the office indicating the date and time of receipt of the application;
a receipt of acceptance of the application is issued to the state Corporation of the service recipient.
In a State Corporation, the issuance of ready-made documents to the service recipient is carried out on the basis of a receipt, when requesting an identity card (or its representative's document confirming the authority).
The state Corporation provides storage of the result for one month, after which it transfers it to the service provider for further storage. If the service recipient applies after one month, upon request of the State Corporation, the service provider sends the completed documents to the State Corporation within one working day for issuance to the service recipient.
If the service recipient provides an incomplete set of documents in accordance with the list provided for by this paragraph of the Standard, the employee of the State Corporation issues a receipt for refusal to accept the application in accordance with Annex 2 to this Standard.
1) establishing the unreliability of documents submitted by the service recipient for receiving a public service, and (or) data (information) contained therein;
2) in respect of the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service;
3) discrepancy of the applicant and (or) submissions, data and information necessary for rendering public services the requirements of second part of paragraph 1 and paragraph 6 of article 24, part six, paragraph 3 and paragraph 6-1 of article 43, second part of paragraph 6 of article 49-2, paragraph 2, 2-1 and 4 of article 50 of the Land code of the Republic of Kazakhstan dated 20 June 2003.
Chapter 3. Procedure for appealing decisions, actions (omissions) of a Central state body, a service provider and (or) its officials, a State Corporation and (or) its employees on the provision of public services
The complaint is submitted in writing by mail, via the portal, or on purpose through the office of the service provider or Ministry.
Confirmation of acceptance of the complaint in the office of the service provider, Ministry, is its registration (stamp, incoming number and date) with the indication of the surname and initials of the person who accepted the complaint, the time and place of receipt of a response to the complaint. The complaint must be signed by an individual or a representative of a legal entity.
Confirmation of the acceptance of a complaint in a State Corporation, whether received on purpose or by mail, is its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or in the cover letter to the complaint).
In the complaint:
1) an individual's surname, first name, patronymic (if any), postal address are indicated;
2) the legal entity's name, postal address, outgoing number and date.
When applying through the portal, information about the appeal procedure can be obtained by calling the unified contact center 1414, 8 800 080 7777.
When sending a complaint through the portal to the service recipient, information about the request is available from the "personal account", which is updated during the processing of the request by the service provider (marks on delivery, registration, execution, response on consideration or refusal to consider).
The complaint of the service recipient received by the service provider, Ministry or State Corporation is subject to review within five working days from the date of its registration. A reasoned response on the results of consideration of the complaint is sent to the service recipient by mail, through the portal, or issued on purpose in the office of the service provider, Ministry or State Corporation.
In case of disagreement with the results of the provision of public services, the service recipient submits a complaint to the authorized body for assessment and control of the quality of public services.
The complaint of the service recipient received by the authorized body for assessment and control of the quality of public services is subject to consideration within fifteen working days from the date of its registration.
Chapter 4. Other requirements, taking into account the specifics of the provision of public services, including those provided through a State Corporation
The buildings of the service provider and the State Corporation are equipped with an entrance with ramps designed for access by people with disabilities.
1) the Ministry's Internet resource: www.moa.gov.kz, section "Public services", subsection "Addresses of places of rendering public services" – " Local Executive bodies";
2) the Internet resource of the State Corporation: www.gov4c.kz.
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Annex 1 |
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Form |
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Mayor _________________________ |
Application
for acquisition of the right to land plot
Please provide a plot of land located ________________
_______________________________________________________________________
(address (location) land)
area ________ hectares, for ___________________________________________,
(the purpose of the land)
_____________________________________, _________________________________
(specify the type) (the presence (absence) of another
_______________________________________________________________________
the land (in accordance with paragraph 2 of article 50 of the Land
code of the Republic of Kazakhstan dated June 20, 2003)
I agree to use information that constitutes a legally protected
secret contained in information systems.
The applicant ___________________________________________________
(surname, name, patronymic (if available))
_______________________________________________________________________
an individual or authorized representative of the legal person, signature)
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Annex 2 |
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Form |
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______________________________ |
Receipt
of refusal to accept the application
In accordance with paragraph 2 of article 20 of the Law of the Republic of Kazakhstan dated
April 15, 2013 "on public services", Department no. _ _ _ of the branch
State Corporation "Government for citizens" (specify the address)
refuses to accept an application for the provision of public services
"Acquisition of rights to land plots that are in state
ownership, which does not require bidding (tenders, auctions)" due
to Your submission of an incomplete set of documents in accordance with the list
provided by the Standard, namely:
the name of the missing documents:
1) _______________________________________________________________;
2) _______________________________________________________________.
Present the receipt is made in 2 (two) copies, one for each
side
_______________________________________________________________________
(surname, name, patronymic (if any) of the worker of the State
Corporation, signed)
The phone number (if available) _______________________________________________
Received: ______________________________________"___" ______ 20__the year.
(last name, first name, patronymic (if any),
signature of the service recipient)
© 2012. RSE na PCV "Institute of legislation and legal information of the Republic of Kazakhstan" of the Ministry of justice of the Republic of Kazakhstan