LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 3, 2022 No. 101-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning competition development

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:

Item 1 of Article 14 to add 1) with subitem 2-11) of the following content:

"2-11) development and approval of form of specifying of elimination of violations of requirements of the land legislation of the Republic of Kazakhstan issued to the subject of the state control;";

2) in Item 3 of Article 92:

shall be replaced with words words of "two years in a row" "one year";

add with part two of the following content:

"The moment of identification of the fact of non-use of the parcel of land date of delivery to the owner of the parcel of land or the land user of the instruction about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan is considered.";

3) in Item 2 of Article 94:

add with part two of the following content:

"When carrying out preventive control with visit of subject (object) of control according to the Entrepreneurial code of the Republic of Kazakhstan the claim for forced withdrawal of the parcel of land in the cases provided by Articles 92 and 93 of this Code is shown after instruction term about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan this to the owner of the parcel of land or the land user.";

the second to state part in the following edition:

"Term for taking measures to use of the parcel of land is to destination established one year, and on elimination of violations of the law of the Republic of Kazakhstan - three months from the moment of identification of violation of the law of the Republic of Kazakhstan, except for irrational use of the parcel of land of agricultural purpose.";

add with part three of the following content:

"Term for taking measures to rational use of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production is established one year.";

in part four to replace the word of "third" with the word "heel";

Part one of Item 3 of Article 145 to state 4) in the following edition:

"3. The state control of use and protection of lands is performed in shape:

check and preventive control with visit of subject (object) of control according to the Entrepreneurial code of the Republic of Kazakhstan;

preventive control without visit of subject (object) of control according to this Code and the Entrepreneurial code of the Republic of Kazakhstan.";

To add 5) with Article 145-1 of the following content:

"Article 145-1. Procedure for carrying out preventive control without visit of subject (object) of control

1. Preventive control without visit of subject (object) of control is carried out by the state inspectors on use and protection of lands of territorial subdivision concerning the owners or land users having the parcels of land of agricultural purpose for maintaining country or farm, agricultural production (further for the purposes of this Article - the subject of control).

2. The purposes of preventive control without visit of subject (object) of control are timely suppression and the prevention of non-use or irrational use of the parcels of land of agricultural purpose for maintaining country or farm, agricultural production, provision to the subject of control of the right of independent elimination of the revealed violations and decrease in administrative load of it.

3. Preventive control without visit of subject (object) of control is carried out based on data of remote sensing of lands of agricultural purpose on the non-use facts to destination and (or) their irrational use.

Results of preventive control without visit of subject (object) of control are subject to accounting by territorial subdivision in the special magazine of registration of preventive control without visit of subject (object) of control which shall be numbered, strung together and under seal territorial subdivision.

4. Preventive control without visit of subject (object) of control is exercised annually during the period from September to November of the current year.

5. In case of identification of violation by results of preventive control without visit of subject (object) of control specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan which goes to the subject of control no later than five working days from the date of violation identification in time is constituted.

6. By results of preventive control without visit of subject (object) of control administrative production is not initiated.

7. In specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan nature of violation, procedure for its elimination, completion dates of specifying and the direction of information on its execution by elimination of the revealed violation are reflected.

8. Instruction about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan is handed purposely or goes in the form of the registered mail with the notification on its delivery to the subject of control and by means of the electronic document signed by the digital signature of the state inspector on use and protection of lands of territorial subdivision.

Day of receipt of specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan sent to one of the methods specified in part one of this Item date of the first mark about its obtaining is considered.

9. Term for execution of specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan is established one year from the date of its obtaining.

10. The subject of control after the expiration of execution of specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan within three working days shall inform in writing territorial subdivision on its execution by elimination of the revealed violation.

11. The state inspectors on use and protection of lands of territorial subdivision after obtaining from the subject of control of information on execution of specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan carry out control of its reliability by data application of remote sensing of lands.

12. Non-execution of specifying about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan at the scheduled time, including in the form of not direction the subject of control of information on its execution, is the basis for purpose of preventive control with visit of subject (object) of control according to the procedure, determined by the Entrepreneurial code of the Republic of Kazakhstan.";

Item 3 of Article 146 to state 6) in the following edition:

"3. Instructions about elimination of violations of requirements of the land legislation of the Republic of Kazakhstan of the body exercising the state control of use and protection of lands within its competence are obligatory for all state bodies, owners of the parcels of land and land users.";

Item 1 of Article 148 to add 7) with subitem 6-1) of the following content:

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