of April 5, 2023 No. 221-VII ZRK
About modification and amendments in some legal acts of the Republic of Kazakhstan concerning digitalization of the state services in the field of land relations
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:
Figure "6" to replace 1) in part one of Item 5 of article 9 with figure "7";
2) in Article 12:
add with subitem 5-1) of the following content:
"5-1) public cadastral map - the digital card which contains information (data) from land, legal and town-planning inventories of the Republic of Kazakhstan, and also other data of state bodies and (or) organizations according to the legislation of the Republic of Kazakhstan;";
state subitem 12-1) in the following edition:
"12-1) land commission - collegiate organ under local executive body of area, city of regional value (in the territory placed under its administrative authority) and the area for consideration of the applications (requests) and preparation of the conclusions about provision of the rights to the parcels of land (about determination of the winner of tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production), about change of purpose of the parcels of land (except for lands of settlements) and about transfer of lands of water fund to lands of other categories;";
the subitem 24) to add with words ", the protocol following the results of the biddings (auctions) selling the parcel of land or the right of lease of the parcel of land";
in subitem 27-1) of the word of "settlement" shall be replaced with words "the settlement, villages";
add with subitems 28-1) and 28-2) of the following content:
"28-1) cadastral passport of real estate object - the identification document containing technical, identification characteristics of primary or secondary real estate object, and also identification characteristics of the parcel of land located in the cities of republican value, the capital, the cities of regional and district value according to the form approved by the state body exercising state regulation and control of activities in the field of state registration of the rights to real estate and the state technical inspection of real estate;
28-2) information system of the single State Immovable Property Cadastre - the information system containing data of land and legal inventories which procedure for maintaining is determined by this Code and the Law of the Republic of Kazakhstan "About state registration of the rights to real estate";";
exclude subitem 32-1);
3) in Item 1 of Article 14:
state subitems 4-8) and 7-2) in the following edition:
"4-8) development and approval together with the state body exercising state regulation and control of activities in the field of state registration of the rights to real estate and the state technical inspection of real estate, procedure for maintaining and use of information system of the single State Immovable Property Cadastre;";
"7-2) development and approval of application forms, the conclusions of the approving state bodies and other organizations, the act of the choice of the parcel of land, the scheme of withdrawal of the parcel of land and the land cadastral plan;";
add with subitem 7-3) of the following content:
"7-3) approval of form of the cadastral passport of real estate object;";
add subitem 16-2) with words ", except for forms of the cadastral passport of real estate object";
add with subitem 16-7) of the following content:
"16-7) approval of the standard list of state bodies and other organizations for approval of the scheme of withdrawal of the parcel of land;";
4) in Article 14-1:
1) of Item 1 to add the subitem with words "if other not stipulated in Article 44-2 of this Code";
in Item 2:
in subitems 6) and 6-1) words "offers and" to exclude;
21) to exclude the subitem;
in Item 3:
2) to state the subitem in the following edition:
"2) preparation of offers and drafts of decisions of local executive body of the city of regional value (in the territory placed under its administrative authority), the area on provision of the parcels of land and change of their purpose, except as specified, provided by subitem 2-2) of this Item;";
add with subitems 2-2) and 2-3) of the following content:
"2-2) preparation of drafts of decisions of the akim of the city of district value on provision and change of purpose of the parcels of land located on lands of the cities of district value;
2-3) preparation of drafts of decisions of local executive body of the city of regional value on provision and change of purpose of the parcels of land located on lands of the cities of regional value;";
20) to state the subitem in the following edition:
"20) approval of the land cadastral plan, including in the territory placed under administrative authority to the cities of regional value.";
5) in Item 2 of Article 16:
exclude subitem 1-2);
add with subitem 1-3) of the following content:
"1-3) approvals of the list of state bodies and other organizations for approval of the scheme of withdrawal of the parcel of land according to the standard list;";
state subitem 5-2) in the following edition:
"5-2) placement of the approved projects of the land and economic device of the territory of settlements at special information stands in the places available to the population, and on information resources electronically;";
Subitem 5-2) of Article 17 to state 6) in the following edition:
"5-2) placement of the approved projects of the land and economic device of the territory of settlements at special information stands in the places available to the population, and on information resources electronically;";
7) in Article 18:
add with subitem 1-2) of the following content:
"1-2) approvals of the list of state bodies and other organizations for approval of the scheme of withdrawal of the parcel of land according to the standard list;";
state subitem 5-2) in the following edition:
"5-2) placement of the approved projects of the land and economic device of the territory of settlements at special information stands in the places available to the population, and on information resources electronically;";
To add Article 19 with part two of the following content:
"Approval of the list of state bodies and other organizations for approval of the scheme of withdrawal of the parcel of land according to the standard list also is within the competence of the akim of the city of district value.";
9) in Article 37:
in Item 2 part one:
the word of "lessor" shall be replaced with words "authorized body of area, city of republican value, the capital, area, city of regional value";
add with words ", except as specified, specified in Item 2-2 of this Article";
add with Item 2-2 of the following content:
"2-2. The temporary paid land user (lessee) of the parcel of land located within the city of republican value, the capital, the city of regional and district value, who was properly fulfilling the duties has if other is not established by the laws of the Republic of Kazakhstan or the agreement temporary (short-term, long-term) paid land use (lease), the right to the conclusion of the contract for new term according to the procedure, stipulated in Article 44-2 of this Code, except for the requirements established by subitems 2), 3), 4) and 7) of item 4 of Article 44-2 of this Code if other is not provided by this Code, on condition of invariance of borders of the parcel of land.";
10) in Article 43:
in Item 1:
word in paragraph one "case, stipulated in Article 44-1" shall be replaced with words "the cases provided by Articles 44-1 and 44-2 of this Code";
3) to state the subitem in the following edition:
"3) the preliminary choice of the parcel of land in case of purchase of the parcel of land for construction of facilities, except for construction of facilities within the settlement;";
in the subitem 6) of the word "the cities of republican value, the capital, the area, the city of regional value, the akim of the city of district value," shall be replaced with words "the cities of regional value (in the territory placed under its administrative authority), the area and the akim";
in the subitem 9) of the word of "settlement" shall be replaced with words "the settlement, villages";
in Item 1-1:
in part one of the word of "settlement" shall be replaced with words "the settlement, villages";
add with part two of the following content:
"The procedure for provision of the right to the parcel of land located on lands of the cities of republican value, the capital, the cities regional (except for the territory placed under their administrative authority) and district value, is regulated by Article 44-2 of this Code.";
in part two of the word "43-1, 44 and 45" shall be replaced with words "43-1 and 44";
third to exclude part;
exclude Item 1-2;
in Item 1-3 of figure "45" to replace with figures "44-2";
in Item 2:
in word part one "the cities of republican value, the capital, areas, the cities of regional value, akims of the cities of district value," shall be replaced with words "the cities of regional value (in the territory placed under their administrative authority), areas and akims";
in word part three"," to exclude the cities of republican value, the capital;
add with part four of the following content:
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