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Appendix 9 to the order |
Rules for rendering public services "Provision of a land plot for the construction of an object within the boundaries of a locality"
Chapter 1. General provisions
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) 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;
4) land plot – a part of land allocated within closed borders, assigned in accordance with the established procedure by the Land code of the Republic of Kazakhstan dated June 20, 2003 (hereinafter referred to as the Code) to the subjects of land relations;
5) land and cadastral plan of a land plot (hereinafter – land and cadastral plan)- a document containing the identification characteristics of a land plot provided for construction purposes within the boundaries of a locality, necessary for the purposes of maintaining land, legal and urban-planning cadastres;
6) construction activity (further – construction) activities for creation of fixed assets of industrial and non-industrial by the creation of new and (or) changes (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repair) of existing structures (buildings, constructions and their complexes, communications), installation (dismantling) associated with them technological and engineering equipment, fabrication (production) of construction materials, products and structures, as well as the implementation of works on preservation of construction of unfinished objects and postoptimization objects, overage;
7) 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;
8) the 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;
9) 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
phase one:
1) an application for granting a land plot for construction within the village in the form of Annex 1 hereto, in the form of electronic document certified by EDS of service recipient;
2) an electronic copy of the layout of the land plot.
Second stage: final agreed act of choice.
услугополучателейIt is not allowed to demand documents that can be obtained from information systems from service recipients.
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.
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 application is accepted and the result of public service provision is issued on the following working day.
First stage: preparation of the act of land selection with its situational scheme, architectural and planning task – within 28 (twenty-eight) working days:
1) an employee of the service provider's office registers the received documents within 15 (fifteen) minutes and passes them to the service provider's management for considerationуслугодателя;
2) the management of the service provider within 1 (one) business day considers the received documents and sends them to the authorized body in the field of architecture and urban planning;
3) the head of the authorized body in the field of architecture and urban planning reviews the documents, determines the responsible contractor on the day of receipt of the documents;
4) responsible executor of the authorized body in the field of architecture and urban planning:
within 7 (seven) working days from preparing the act of choice of land with its situational scheme, the architectural-planning assignment and sends them for approval at the same time all concerned government authorities, relevant entities of natural monopolies and in the State Corporation "Government for citizens" (hereinafter – the State Corporation) by means of information systems of state bodies or on paper, in the absence of matching organs of these systems;
within 12 (twelve) working days, the approving authorities shall submit an appropriate conclusion on the possibility of providing a land plot for the stated intended purpose;
subjects of natural monopolies from the day of receipt of the situational diagram within 5 (five) working days prepare and submit technical conditions for connection to engineering networks;
5) in case of receipt of positive conclusions-the authorized body in the field of architecture and urban planning within 5 (five) working days prepares and sends the final act of land selection with the attachment of architectural and planning tasks, technical conditions for connection to engineering networks;
6) in case of a negative decision – the authorized body in the field of architecture and urban planning within 1 (one) working day prepares a draft reasoned response on refusal to provide public services and sends it for signature to the head of the authorized body in the field of architecture and urban planning;
7) the head of the authorized body in the field of architecture and urban planning within 1 (one) working day considers and signs the final act of selection or a reasoned response on refusal to provide a public service;
8) the Executive of the authorized body in the field of architecture and urban planning sends through the portal to the personal account of the applicant in the form of electronic document signed with EDS, the final act of choice and account (budget) for production of land cadastral plan provided by a Public Corporation, for approval by the service recipient, or the motivated answer about refusal in rendering of the state service.
Approval of the final act of selection and payment for services of land and cadastral works by the service recipient is carried out within 3 (three) working days. The validity period of a non-agreed service recipient selection act is 10 (ten) business days. Upon expiration of the specified period, the State Corporation returns to the structural division of the relevant local Executive body performing functions in the field of architecture and urban development, for cancellation of the uncoordinated act of choice, with notification of the service recipient.
Second stage: upon approval of the final act of selection and payment for services of land and cadastral works by the service recipient, making a decision on granting land use rights to the land plot – within 18 (eighteen) working days:
1) the State Corporation within 10 (ten) working days produces a land cadastre plan and sends it to the authorized body in the field of land relations;
2) the head of the authorized body in the field of land relations within 3 (three) working days considers, approves the land cadastre plan and determines the responsible Executive of the authorized body in the field of land relations;
3) the responsible Executive of the authorized body in the field of land relations within 3 (three) working days prepares a draft decision of the service provider on granting the right to a land plot.
If a decision (order) is made by the mayors of a village, village, or rural district, the approved land and cadastral plan is sent to the office of the service provider;
4) the management of the service provider within 1 (one) working day considers and signs the draft decision on granting the right to a land plot;
5) an employee of the service provider's office registers the result of rendering the public service within 15 (fifteen) minutes and sends it through the portal to the service recipient's personal account in the form of an electronic document signed by the service provider's EDS.
8.in case of failure of the information system, the service provider immediately notifies the employee of the service provider's structural divisionresponsible 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.
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 part six of paragraph 3 and paragraph 6-1 of article 43, part two of paragraph 6 of article 49-2, paragraphs 2 and 2-1 of article 50 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 4 of article 44-1 of the Code.
Chapter 3. Procedure for appealing against decisions, actions (inaction) of service providersand (or) their officials on the provision of public services
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.
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Annex 1 |
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Form |
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Mayor___________________________ |
Application for granting a land plot for the construction of an object
within the boundaries of a locality
Please grant the right to temporary compensation (free of charge)
land-use land located ______________________________
_____________________________________________ area _____________ hectare
(address (location) of a land plot)
for ___________________________________________________________________________
(the target purpose of the land plot)
Consentн(to the use of information constituting a legally protected secret contained in information systems.
Date ________
The applicant ________________________________________________________
(surname, name, patronymic (if any) individual or
authorized representative of a legal entity, the digital signature)
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Appendix 2 |
Standard of the state service " Provision of a land plot for the construction of an object within the boundaries of a locality"
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1 |
Name of the service provider |
Local Executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, districts and cities of regional significance, mayors of cities of district significance, settlements, villages, rural districts (hereinafter referred to as the service provider). |
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2 |
Methods of providing public services (access channels) |
Web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal). |
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3 |
Term of rendering of the state service |
The first stage: preparation of the act of land selection with its situational scheme, architectural and planning task – within 28 (twenty-eight) working days. |
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4 |
Form оказания of public service provision |
E-mail address . |
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5 |
The result of rendering a public service |
is The decision of the service provider to grant land use rights to a land plot with the attachment of a land cadastre plan, or a reasoned response to a refusal to provide a public service. |
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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 |
The cost of a public service is calculated in accordance with paragraph 28, approved by order No. 87 of the acting Minister for investment and development of the Republic of Kazakhstan dated January 26, 2016 "on approval of prices for goods (works, services) produced and (or) sold By the state Corporation "Government for citizens" (registered in the Register of state registration of regulatory legal acts No. 13353). |
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7 |
Working working Hours |
Portal – round-the-clock, except for technical breaks in connection with repair works (if the service recipient applies after the end of working hours, on weekends and holidays according to the agreementсогласно 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). |
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8 |
List of documents required for the provision of public services |
Phase one: |
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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; |
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10 |
Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form |
The service recipient has the opportunity 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. |