How the trees are cut down in the community

To cut down the trees for specific purposes specified in paragraph 2, the individuals and legal entities must submit the documents through the portal www.egov.kz, www.elicense.kz and obtain the permit from the authorized body (city hall akimat).

Upon the receipt of the permit to cut the trees, the compensated planting is performed. The compensated planting is carried out at the expense of the citizens and legal entities because of who was performed the tree clearance. In case of the tree clearance with the permit (issued by the city hall akimat), the compensated planting of the restored trees is carried out in a tenfold amount.

When transplanting the trees is done by the individuals and legal entities, the compensated planting is not performed.

In the event that the transplanting has led to the death of the trees, a five-fold amount of compensation is established.

In the event of the death of the planted trees, the persons in whose interests the trees were cleared or the organization shall be responsible for re-planting green spaces and providing further care for them within two years (the period of the tree survival after the planting), from the moment of planting in the ground.

In the event of the emergency fall of the trees, as a result of the wind blow and other cases of a natural character, as well as of the traffic accidents, then the cleaning of the fallen tree, timely sanitary cleaning of the tree fall site and removal of the wood residues on the public lands and in the territories adjacent to the buildings, structures, multistoried residential buildings shall be carried out by the organizations designated to maintain the areas.

To obtain permission to cut the trees, you must submit an application through the e-government portal www.gov.kz, www.elicense.kz.

1) A list of the documents required to obtain a tree clearance permit is as follows:

• To ensure conditions are in place for carrying out the construction activities, construction and erection works, provided for in accordance with the urban planning documentation approved and agreed:
• an application in the form of an electronic document, signed by EDS of the service recipient, in the form in accordance with Appendix 2 to the Rules for the provision of public service "The issuance of a permit to cut the trees", approved by order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 235;
• an electronic copy of the title document for the land plot (in the absence of registration in the state database "Real Estate Register");
• conclusion of a comprehensive non-departmental examination (conclusion of the state ecological examination) (information form);
• materials of the inventory and forest pathological examination of the green spaces growing on the spot of the object, indicating the existing trees, species and quantitative composition, their condition;
• a plan of compensated tree planting;
• a letter of guarantee for compensated tree planting indicating the date of completion date of tree planting;
• an agreement with an organization (specialized) for remedial landscaping.

2) in servicing of the engineering improvement objects, reconstruction and arrangement of the engineering networks, underground and aboveground communications:

• an application in the form of an electronic document, signed by the EDS of the service recipient, in the form in accordance with Appendix 2 to the Rules for public service provision “The issuance of a permit to cut the trees", approved by order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 235;
• conclusion of a comprehensive non-departmental examination (conclusion of the state ecological examination) (information form);
• materials of the inventory and forest pathological examination of the green spaces growing on the spot of the object, indicating the existing trees, species and quantitative composition, their condition;
• a plan of compensated tree planting;
• a letter of guarantee for compensated tree planting indicating the date of completion date of tree planting;
• an agreement with an organization (specialized) for remedial landscaping.
• when improving the territory of the existing facilities and bringing them into aesthetic form, the need to improve the quality and species composition of the green spaces:
• an application in the form of an electronic document, signed by the EDS of the service recipient, in the form in accordance with Appendix 2 to the Rules for public service provision “The issuance of a permit to cut the trees", approved by order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 235;
• conclusion of a comprehensive non-departmental examination (conclusion of the state ecological examination) (information form);
• materials of the inventory and forest pathological examination of the green spaces growing on the spot of the object, indicating the existing trees, species and quantitative composition, their condition;
• a plan of compensated tree planting;
• a letter of guarantee for compensated tree planting indicating the date of completion date of tree planting;
• an agreement with an organization (specialized) for remedial landscaping.
• For the growth of trees and shrubs on the public lands
• an application in the form of an electronic document, signed by the EDS of the service recipient, in the form in accordance with Appendix 2 to the Rules for public service provision “The issuance of a permit for cutting the trees", approved by order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 235;
• a plan of compensated tree planting;
• a letter of guarantee for compensated tree planting indicating the date of completion date of tree planting;
• an agreement with an organization (specialized) for remedial landscaping.

The term for issuing a permit is 10 (ten) working days from the date of application through the portal.

The tree could be cleared with the permission received from competent bodies under the following circumstances:

• To ensure conditions are in place for carrying out the construction activities, construction and erection works, provided for in accordance with the approved and agreed urban planning documentation (permit is required);
• in servicing of the engineering improvement objects, for the reconstruction and arrangement of engineering networks, the underground and above the ground communications (permit is required);
• when improving the territory of the existing facilities and bringing them into an aesthetic form, the need to improve the quality and composition of the species of the green spaces (permit is required);
• for the growth of trees and shrubs on the public lands (permit is required).

 The tree clearance without authorization is allowed under the following:

• in the territories of individual dwelling and housing and personal subsidiary holdings;
• in the suburban areas;
• in liquidating the emergencies, including at the engineering improvement facilities;
• for sanitary clearance of the trees that pose a threat to the safety of human health and life, as well as cause damage to the property of natural persons and legal entity.

For violation of the rules for the maintenance and protection of the green spaces and illegal felling, destruction or damage of the trees and shrubs, administrative liability is provided, in accordance with Articles 381-1 and 386 of the Code of the Republic of Kazakhstan dated July 5, 2014 "On Administrative Offenses"

Administrative responsibility

For the illegal felling, destruction or damage of the trees and shrubs that are not included in the forest fund and are prohibited from the felling, causing a damage of up to 100 monthly calculation indices (MCI), is subject to the penalty charged on:

• The individuals – in the amount of 10 MCI;
• the officials, small businesses or non-profit organizations - 30 MCI;
• the medium-sized businesses - 40 MCI;
• the large business entities - 100 MCI with the confiscation of the illegally felled trees.

For violation of the rules for the maintenance and protection of the green spaces established by the local representative bodies of the regions, cities of republican significance and the capital city it is provided for penalty charged on:

• the individuals - 15 MCI;
• the small businesses or non-profit organizations - 30 MCI;
• the medium-sized businesses - 50 MCI;
• the large businesses - 150 MCI.