LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2020 No. 352-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning improvement of business climate

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, Art. 79; 2017, No. 3, Art. 6; No. 4, Art. 7; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 9, Art. 27; No. 10, Art. 32; 2019, No. 1, Art. 4; No. 2, Art. 6; No. 7, Art. 37, 39; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 103, 108; No. 24-І, Art. 119; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The law of the Republic of Kazakhstan of May 29, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning prohibited areas and forbidden areas in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 1, 2020; The Law of the Republic of Kazakhstan of June 9, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reducing number of operators of housing programmes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 10, 2020):

Item 5 of Article 9 to add 1) with part four of the following content:

"Payment by installments of payment of the amount equal to the cadastral (estimative) cost of the parcel of land, the stipulated by the legislation Republic of Kazakhstan for the changed purpose, according to the procedure, stipulated in Clause the 49th of this Code is provided to subjects of small or medium business according to their statements.";

Part the sixth Item 1 of Article 33 to add 2) with the subitem 8) of the following content:

"8) by transfer of the right by the builder in the field of equity in housing construction of the authorized company according to the legislation of the Republic of Kazakhstan on equity in housing construction.";

Item 2 of Article 35 to add 3) with part five of the following content:

"The right of temporary paid land use on the lands used for construction of facilities within the settlement is provided for the term of at least three years.";

4) in Article 43:

in Item 2:

in part four to replace the word of "seven" with the word of "three";

regarding the twentieth to replace the word of "five" with the word of "two";

regarding twenty third shall be replaced with words words of "five working days" "one working day";

in Item 3:

in word part four of "three working days" shall be replaced with words "one working day";

in part five of the word "within ten working days" shall be replaced with words "and bring materials in the land commission within seven working days";

in part seven of the word "up to two months" shall be replaced with words "up to fifteen working days";

in Item 7:

add with part three of the following content:

"For decision making about provision of the right to the parcel of land the authorized body of area, city of republican value, the capital, area, city of regional value within one working day sends the approved land management project to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, village, rural district.";

in part three of the word "till seven working days from the moment of receipt of the land management project approved by the relevant authorized body of area, city of republican value, the capital, area, city of regional value" shall be replaced with words "within three working days from the moment of receipt of the approved land management project";

in Item 8 to replace the word of "six" with the word of "four";

5) in Article 44-1:

in Item 1:

the paragraph one to state in the following edition:

"1. In case of purchase of the parcel of land for asset construction within the settlement from the lands which are in state-owned property, except for lands, put up for sale (tenders, auctions) according to article 48 of this Code, provision of the parcel of land is made in the following sequence:";

add with subitem 2-1) of the following content:

"2-1) creation of architectural and planning task, specifications on connection to engineering networks and topography;";

the sixth Item 2 to state part in the following edition:

"Application forms, the conclusions of the approving bodies, the act of the choice of the parcel of land, architectural and planning task, specifications on connection to engineering networks and topography, the land cadastral plan affirm the relevant central authorized bodies.";

in item 4:

state part one in the following edition:

"4. The structural division of local executive body performing functions in the field of architecture and town planning within seven working days according to the approved town-planning documents prepares the act of the choice of the parcel of land with its situational scheme, architectural and planning task, the questionnaire for receipt of specifications, topography and sends them for approval to at the same time all interested state bodies, the relevant services, subjects of natural monopolies, the State corporation keeping the state land cadastre by means of information systems of state bodies or on papers in case of absence at the approving bodies of these systems.";

add with part four of the following content:

"Subjects of natural monopolies from the date of receipt of the questionnaire for receipt of specifications, the situational scheme and topography within five working days prepare and represent specifications on connection to engineering networks.";

the seventh to add part with the words "with appendix of architectural and planning task, specifications on connection to engineering networks and topography";

The word of "fifteen" to replace 6) in part five of Item 3 of Article 47 with the word of "five";

7) in Article 48:

to state subitem 5-2) of part one of Item 1 in the following edition:

"To 5-2) physical persons and legal entity for construction of engineering and communication networks and systems to the parcels of land belonging to them on the property right and land use, according to the schemes of routes issued by bodies of architecture and town planning together with specifications on connection to engineering networks and architectural and planning task according to the procedure, established by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities;";

state Item 7 in the following edition:

"7. Results of the biddings (tenders, auctions) selling the parcel of land or to provision of the right of lease of the parcel of land are drawn up by the protocol. Based on the protocol within two working days the purchase and sale agreement or leases of the parcel of land in the form approved by the central authorized body is signed.";

8) in Article 49-1:

5) of Item 1 to exclude the subitem;

in Item 3 of the word "up to thirty calendar days" shall be replaced with words "up to thirteen working days";

in Item 5 of the word of "three working days" shall be replaced with words "one working day";

in Item 6 to replace the word of "five" with the word of "three";

in Item 7 of the word of "three working days" shall be replaced with words "one working day";

exclude Item 9;

in Item 10:

shall be replaced with words words of "three working days" "one working day";

words", and in case of change of purpose of the parcel of land located within the settlement for the purposes of construction within three working days from the moment of approval of the land cadastral plan" to exclude;

in Item 11:

to replace the word of "five" with the word of "two";

words", in case of change of purpose of the parcel of land located within the settlement, for the purposes of construction - within five working days from the moment of approval of the land cadastral plan" to exclude;

9) in Item 2 of Article 94:

third to state part in the following edition:

"The instruction about need of taking measures to use of the parcel of land to destination and on elimination of violation of the law of the Republic of Kazakhstan as encumbrance of the right to the parcel of land is subject to state registration according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate".";

add with parts four and heel of the following content:

"The encumbrance of the right to the parcel of land specified in part three of this Item does not limit the right of the owner of the parcel of land or the land user to alienation of the parcel of land or right of land use and passes to the new owner according to the legislation of the Republic of Kazakhstan.

After instruction term the claim for forced withdrawal of the parcel of land is made to the new owner.";

3) of item 4 of Article 150 the word of "seven" to replace 10) in the subitem with the word of "four".

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