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Appendix 10 to the order |
Rules for rendering public services "Acquisition of rights to land plots that are in state ownership, which do not require bidding (contests, auctions)"
Chapter 1. General provisions
1) personal account – a user's account on the web portal of "electronic government";
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) 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;
5) 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;
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 land owners and land users;
8) 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;
9) 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;
10) 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 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 service recipient's EDS;
2) scheme (plan) of the requested land plot;
second stage: approved land management project.
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.
The first stage: determination of the possibility of using the requested land plot for the stated purpose, preparation of a certificate of land selection (when испрашиванииapplying for land for the construction of objects, except for the construction of objects within the boundaries of a locality), issuance of the conclusion of the land Commission – within 12 (twelve) working days:
1) an employee of the service provider's office accepts the documents submitted by the service recipient within 15 (fifteen) minutes услугополучателемand passes them to the service provider's Manageror a person who replaces him.
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;
2) the head of the service provider, or a person replacing 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 in the register of persons who have forcibly seized land, or the applicant submitted incomplete package of documents, the employee of authorized body on land relations for 1 (one) working day preparing a reasoned refusal in further consideration of the application and sends a notification to the personal account in the form of electronic document signed with a digital signature of the head of the authorized body on land relations;
3) authorized bodies on land relations and in the sphere of architecture and town planning within 7 (seven) working days from the date of receipt of the application, prepare the offer on possibility of use of the claimed land by the declared purpose in accordance with the territorial zoning Annex scheme of the land plot and bring the 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 transfer 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 intended purpose in accordance with territorial zoning;
5) an employee of the authorized body on land relations in the case of a positive conclusion of the land Commission within 1 (one) business day, send a copy of the positive conclusion of the land Commission to the applicant for preparation of the land management project, in case of a negative opinion of the land Commission – shall prepare a motivated refusal in rendering of the state service and directs the personal Cabinet of the applicant in the form of electronic document signed with EDS of the head 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.
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 a draft decision on granting the right to a land plot;
2) the head of the service provider signs the decision on granting the right to a land plot within 1 (one) working day;
3) an employee of the service provider's office within 15 (fifteen) minutes from the moment of signing sends a decision on granting the right to a land plot through the portal 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.
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) mismatch 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 second of item 6 of article 49-2, paragraph 2, 2-1 and 4 of article 50 of this 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 acquisition of the right to land plot
Please provide a plot of land located at
___________________________________________________________________________
(address (location) of land)
on the right ___________________________________________________________________,
(view the requested rights)
area ______________ hectares, for ___________________________________.
(intended use of the land plot)
Consentн(to the use of information constituting a legally protected secret
contained in information systems.
The applicant ______________________________________________________
(surname, name, patronymic (if any) individual or
authorized representative of a legal entity, the digital signature of the applicant)
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Appendix 2 |
Standard of public service " Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)"
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1 |
Name of the service provider |
Local Executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, districts, cities of regional significance, cities of district significance, mayors of settlements, villages, rural districts (hereinafter-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: determination of the possibility of using the requested land plot for the stated purpose, preparation of an act of land selection (when испрашиванииapplying for land for the construction of objects), issuance of the conclusion of the land Commission – within 12 (twelve) 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 the right to a land plot, or a reasoned 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 |
Freeof charge . |
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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). |
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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. |