THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2019 No. 41

About approval of the standard agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production

According to subitem 2-4) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Standard agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production.

2. To provide to management committee with land resources of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2019, No. 41

The standard agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production

the city (the settlement, the village) _____ No. _____ from "__" _________ 20 __ years

We, undersigneds, ________________________________________________,
                          (authorized body on land relations)

on behalf of ________________________________________________________________,
              (surname, name, middle name (in case of its availability) the head

_______________________________________________________________________
                           or authorized person)

acting on the basis of the _____________________________________________
                                 (provision, name and details

______________________________________________________________________,
             the document establishing powers of the person)

hereinafter referred to as "Lessor", on the one hand, and

______________________________________________________________________,
(for non-state legal entities of the Republic of Kazakhstan without foreign

_______________________________________________________________________
    participations - the name, for citizens of the Republic of Kazakhstan - surname,

_______________________________________________________________________
                      name, middle name (in case of its availability)

on behalf of ________________________________________________________________,
(for non-state legal entities of the Republic of Kazakhstan without foreign participation

_______________________________________________________________________
surname, name, middle name (in case of its availability) the head or the authorized person)

acting on the basis of the _____________________________________________
                                (charter (provision), name and

_______________________________________________________________________,
          details of the document establishing powers of the person)

hereinafter referred to as "Lessee", on the other hand, signed this Agreement as follows:

Chapter 1. Subject of the agreement

1. The lessor transfers (provides) to the Lessee for a fee for use of the parcel of land in lease the parcel of land of agricultural purpose belonging to it as state-owned property based on the resolution of akimat from "___" __________ No. _____ for a period of "____" years, to "__" ______ years.

2. Location of the parcel of land and its data:

Cadastral number ________ (code). The area ____ hectare (further - hectare), from them: agricultural holdings _____ hectare (long-term plantings _____ hectare, haymakings ___ hectare, pastures _____ hectare, arable lands ___ the hectares including irrigated __ by hectare and other ___ hectare).

Purpose: ______________________________________________.

Restrictions in use and (or) encumbrances: ___________________

________________________________________________________________.

Divisibility or indivisibility: ______________________________________.

Chapter 2. Amount of payment for use of the parcels of land

3. The amount of payment for use of the parcel of land in ______ constitutes to year tenge ______________ (_____________________).

4. The amount of payment for use of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production is not fixed and can change the Lessor, in cases of change of terms of the contract, and also according to the made changes and (or) additions in the legal acts regulating procedure for calculation of tax and other payments on the earth.

5. The payment for use of the parcel of land is determined according to the tax and land legislation of the Republic of Kazakhstan and is subject to payment by the Lessee in the terms established by the tax legislation of the Republic of Kazakhstan, and further, annually according to the tax and land legislation of the Republic of Kazakhstan, way of payment transfer to body of state revenues

________________________________________________________________________,
                         (specify the name)

business and identification number _________________________, individual

identification code _____________________, code of budget classification

_______________, code of purpose of payment _______________, code of the beneficiary

_____________, name of ______________ bank beneficiary, bank

identification code _______________________________________________.

Chapter 3. Rights and obligations of the Parties

6. The lessee has the right:

Independently to manage 1) on the earth, using it for the purpose of, following from purpose of the parcel of land;

2) property on crops and landings of agricultural and other cultures and plantings, the made agricultural and other products received as a result of use of the parcel of land and the income from its realization;

3) on indemnification in full in case of compulsory acquisition of the parcel of land for the state needs;

4) with the consent of the Lessor to carry out irrigating, drying and other meliorative works, to build ponds and other reservoirs according to the established construction, ecological, sanitary and hygienic and other special requirements;

To use 5) in accordance with the established procedure without intention of the subsequent transactions for the needs of the economy which are available on the parcel of land or in subsoil under the parcels of land of popular minerals, plantings, surface and underground water belonging to them and also on operation of other useful properties of the earth;

6) to perform mowing for the purpose of procurement of forages in cases when productivity of pastures exceeds the need for forages of the grazed farm animals in case of observance of maximum permissible regulations of load of total area of pastures;

7) to transfer the right of temporary paid long-term land use (lease) as contribution to the authorized capital of economic partnership, to payment of shares of joint-stock company or as fee in production cooperative, and also to alienate the land use right on lands of agricultural purpose according to the procedure and on conditions which are provided by subitem 5-1) of part six of Item 1 of Article 33 of the Land code of the Republic of Kazakhstan (further – the Land code).

7. The lessee shall:

1) to use the earth according to its purpose and according to the procedure, provided by this Agreement;

2) in case of prolongation of term of the Agreement to address to local executive body in the location of the parcel of land, with the corresponding statement at least in 1 (one) month prior to the this Agreement expiration;

3) in case of need to provide provision of servitudes according to the procedure, provided by the Land code;

Within a month to report 4) in case of address modification of the land user about it to the Lessor;

5) to perform actions for protection of lands, stipulated in Article 140 Land codes;

Timely to represent 6) to the state bodies established by the land legislation of the Republic of Kazakhstan of data on condition and use of lands;

7) not to violate the rights of other owners and land users;

8) to provide access to the parcels of land for carrying out agrochemical inspection of soils;

9) not to allow violations of the land legislation of the Republic of Kazakhstan.

8. The lessor has the right:

1) to exercise control of execution of terms of this agreement;

2) to exercise control of use of the parcel of land on purpose;

3) to estimate on expiration of the contract condition of the parcel of land according to the passport of the parcels of land of agricultural purpose and to accept it under the delivery-acceptance certificate;

4) not to sign the Contract for the parcel of land for new term if the Lessee did not fulfill the duties provided by the Agreement;

5) to make changes to the Agreement regarding the amount of payment for use of the parcel of land, in cases stipulated in Item 4 this Agreements;

6) in cases if the parcel of land intended for maintaining country or farm, agricultural production is not used for designated purpose within one year from the moment of initial identification of the fact of non-use, then to compulsorily withdraw such parcel of land according to the procedure, stipulated in Article 94 Land codes;

7) to reserve the parcel of land in the procedure established by the legislation.

9. The lessor shall:

To transfer 1) (to provide) to the Lessee the parcel of land in the condition corresponding to terms of the contract;

2) to pay to the Lessee damages, and also at his desire to provide other parcel of land in case of forced withdrawal of the parcel of land for the state needs;

3) to pay in full damages to the Lessee in case of early agreement cancelation on the initiative;

4) to inform the Lessee on all available encumbrances and restrictions of the rights to the parcel of land;

5) to approve carrying out irrigating, drying and other meliorative works by the Lessee, construction of ponds and other reservoirs within five working days from the date of the address of the Lessee.

Chapter 4. Responsibility of the parties

10. In case of failure to pay payment for use of the parcel of land in the terms stipulated in article 564 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further – the Tax code), the Lessee pays penalty fee. The penalty fee according to the subitem 2) of Item 2 of article 117 of the Tax Code is charged for each day of delay of execution of the tax liability on payment of payment in the budget, since the day following behind day of payment due date of payment in the budget including day of payment, in the amount of 1, 25-fold base rate of National Bank of the Republic of Kazakhstan for every day of delay.

11. Payment of penalty does not exempt the Lessee from execution of the obligations under this agreement.

12. The parties bear responsibility for failure to carry out or inadequate accomplishment of terms of the contract according to the current legislation of the Republic of Kazakhstan.

Chapter 5. Modification and (or) amendments, and also procedure for agreement cancelation

13. This Agreement, maybe, is terminated by agreement at any time.

14. All changes and additions made by agreement of the parties to the Agreement shall not contradict Agreement provisions, are drawn up in the form of the supplementary agreement, signed by authorized representatives of the parties and drawn up in the procedure established by the legislation.

Chapter 6. Final provisions

15. Any disagreements or claims which can arise under the Agreement or connected with its action are permitted by negotiations between the parties.

16. All disagreements following from the Agreement which cannot be solved by negotiations are considered judicially.

17. This Agreement becomes effective from the moment of the conclusion, is subject to obligatory registration in judicial authorities and is effective with "___" ______ 20 __ years on with "___" ______ 20 __ years.

18. The agreement is constituted in duplicate, one of which is given to the Lessee, the second remains at the Lessor.

Addresses and details of the parties:

"Lessor"	"Lessee"
_________________________ _________________________ _________________________ _________________________ _________________________ _________________________	_________________________ _________________________ _________________________ _________________________ _________________________ _________________________
(signature, seal)	(signature, seal (in the presence))

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info