ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of August 1, 2023 No. 287

About modification and amendments in the order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301 "About approval of Rules on rendering the state services in the field of land relations"

I ORDER:

1. Bring in the order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301 "About approval of Rules on rendering the state services in the field of land relations" (it is registered in the Register of state registration of regulatory legal acts No. 21366) the following changes and amendments:

state Item 1 in the following edition:

"1. Approve:

1) Rules of rendering the state service "Prolongation of Lease Term of the Parcel of Land" according to appendix 1 to this order;

2) Rules of rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land" according to appendix 2 to this order;

3) Rules of rendering the state service "Approval of Land Management Projects on Forming of the Parcels of Land" according to appendix 3 to this order;

4) Rules of rendering the state service "Issue of the Decision on Change of Purpose of the Parcel of Land" according to appendix 4 to this order;

5) Rules of rendering the state service "Issue of Permission to Use of the Parcel of Land for Prospecting Works" according to appendix 5 to this order;

6) Rules of rendering the state service "Production and Issue of the Identification Document on the Parcel of Land" according to appendix 6 to this order;

7) Rules of rendering the state service "Provision of Data on High-quality Condition of the Parcel of Land" according to appendix 7 to this order;

8) Rules of rendering the state service "Issue of the Final Decision on Transfer of Agricultural Holdings from One Type in Another" according to appendix 8 to this order;

9) Rules of rendering the state service "Provision of the Parcel of Land from Lands of the Settlement, Villages" according to appendix 9 to this order;

10) Rules of rendering the state service "Acquisition of Rights the Parcels of Land Which Are in State-owned Property, Not Requiring Tendering (Auctions)" according to appendix 10 to this order;

11) Rules of rendering the state service "Approval of the Projectible Parcel of Land to Graphical Data of Information System of the Single State Immovable Property Cadastre" according to appendix 11 to this order;

12) Rules of rendering the state service "Determination of Divisibility and Indivisibility of the Parcels of Land" according to appendix 12 to this order;

13) Rules of rendering the state service "Approval and Issue of the Project of Land Reclamation" according to appendix 13 to this order;

14) Rules of rendering the state service "Sale of the Parcel of Land in Private Property One-timely or by Installments" according to appendix 14 to this order;

15) Rules of rendering the state service "Statement on Queue on Receipt of the Parcel of Land" according to appendix 15 to this order;

16) Rules of rendering the state service "Updating (Adjustment) of Data on the Parcels of Land" according to appendix 16 to this order;

17) Rules of rendering the state service "Acquisition of Rights the Parcel of Land within the City of Republican Value, the Capital, the Cities of Regional and District Value" according to appendix 17 to this order.";

2, of 4, of 6, of 9, 10 and 11 to the specified order to be reworded as follows appendices according to appendices 1, of 2, of 3, of 4, 5 and 6 to this order;

add with appendices 16 and 17 according to appendices 7 and 8 to this order.

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

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 sixty calendar days after day of its first official publication.

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of August 1, 2023 No. 287

Appendix 2

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301

Rules of rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land"

Chapter 1. General provisions

1. These rules of rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law) and determine procedure for rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land" (further - the state service).

2. In these rules the following basic concepts are used:

1) The Government for Citizens state corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

2) the parcel of land - the part of the earth fixed in allocated in the closed borders established by the Land code of the Republic of Kazakhstan (further - the Code) procedure behind subjects of land relations;

3) the identification document on the parcel of land - the document containing the identification characteristics of the parcel of land necessary for the purposes of maintaining land, legal and town-planning inventories;

4) information system of the single State Immovable Property Cadastre (further - IS EGKN) - the information system containing data of land and legal inventories which procedure for maintaining is determined by the Code and the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" (further - the Law on state registration of the rights to real estate);

5) cadastral (estimative) cost - the estimated cost of the parcel of land applied in case of sale by the state of the parcel of land or right of lease to it, determined on the basis of the base rates of payment for the parcels of land which are periodically specified according to official statistical information on the general rate of inflation and correction coefficients to them;

6) the user's office on the web portal of "the electronic government" (further - personal account) - the web portal component of "the electronic government" intended for official information exchange of physical persons and legal entities with state bodies concerning rendering services electronically, to questions of the address to the subjects considering addresses of specified persons and also uses of personal data;

7) the web portal of "the electronic government" (further - the portal) - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

8) payment gateway of "the electronic government" (further - PShEP) - the object of informatization automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;

9) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for rendering the state service

3. The state service appears the State corporation (further - the service provider) to physical persons or legal entities (further - uslugopoluchatel).

The list of the main requirements to rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land" is specified in appendix 1 to these rules (further - the List).

4. Reception of an application on determination of cadastral (estimative) cost of the parcel of land in form according to appendix 2 to these rules, and the documents specified in Item 8 of the List are performed through the service provider, or through the portal.

When rendering the state service in paper form, day of reception of applications and documents does not enter rendering the state service in time.

In case of representation by uslugopoluchatel of incomplete document package according to the List, and (or) documents with the expired effective period, the worker (operator) of the operational hall refuses reception of an application.

5. Data on the identity document, on registration (re-registration) of the legal entity, on registration of the individual entrepreneur, or on the beginning of activities as the individual entrepreneur confirming the property right to real estate about title and identification documents on the parcel of land, about lack of encumbrances on the parcel of land, about payment for rendering the state service istrebyvatsya by the service provider from the corresponding state information systems.

The service provider receives digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.

Processing of the personal data and data which are the secret protected by the law, containing in information systems is performed by the service provider with the consent of uslugopoluchatel in case of registration on the portal.

To Uslugopoluchatel in personal account the status about adoption of the statement goes for rendering the state service and the notification with indication of date and time of rendering the state service.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, documents acceptance and issue of result of rendering the state service are performed the next working afternoon.

6. In case of the address to the service provider:

1) the worker (operator) of the operational hall performs acceptance and document registration, specified in the List, in day of documents acceptance within 30 (thirty) minutes;

2) the worker (operator) of the operational hall transfers the documents accepted from uslugopoluchatel within 2 (two) hours through the courier to the structural division responsible for accomplishment of the state service (further - the joint venture), in day of receipt of documents;

3) the head of the joint venture examines contents of documents, imposes the resolution and determines the worker, the actionee of the state service, within 30 (thirty) minutes;

4) the employee of the joint venture within 1 (one) working day from the moment of document registration checks reliability of the documents submitted by uslugopoluchatel for the receipt of the state service and (or) these (data) containing in them and identifies the parcel of land according to the IS EGKN database.

On the parcels of land located within settlements in the presence of the established borders of the settlement and estimative zones, within 4 minutes verification of presence of the documents necessary for work is performed, within 12 minutes information collection from tables and layers (settlement border, estimative zones and other reference books) is made, calculation of cadastral (estimative) cost of the parcel of land and forming of the act of determination of cadastral (estimative) cost of the parcel of land (further - the act of cost of the parcel of land) in form according to appendix 3 to these rules is perfromed.

In cases if the parcel of land within the settlement is not reflected in IS EGKN layers (settlement borders, estimative zones and other reference books), but at the same time there is identification document on the parcel of land which underwent state registration according to the procedure, established by the Law on state registration of the rights to real estate, then the cadastral estimated value is calculated within 3 (three) working days.

In case of the request for determination of cadastral estimated value of land share in the parcel of land which is in common ownership or general equity land use within the settlement, the cadastral estimated value on the asked part of the parcel of land is calculated as in the absence of the established borders of the settlement and estimative zones.

In the absence of the established borders of the settlement and estimative zones and receipt of documents on the parcels of land which are abroad the settlement within 3 (three) working days identifies the parcel of land according to the IS EGKN database, if necessary requests from structural division on systematization and document storage (archive) of the service provider archive materials (land and cadastral cases, materials, soil, geobotanical inspection and other materials for rendering the state service) calculation of correction coefficient constitutes, makes calculation of cadastral (estimative) cost of the parcel of land, prepares the act of cost of the parcel of land.

In case of the request for determination of cadastral estimated value on the parcels of land located outside line of settlements, provided under building, servicing of buildings and other purposes and for the purposes of agricultural use calculation of cadastral (estimative) cost of the parcel of land and forming of the act of cost of the parcel of land is performed within 3 (three) working days.

In the absence of the bases for refusal in rendering the state service, the employee of the joint venture prepares the act of determination of cadastral (estimative) cost of the parcel of land, and sends it to the head of the joint venture, or person replacing it;

5) the head of the joint venture or person replacing it checks the act of cost of the parcel of land within 30 (thirty) minutes and directs to the signature to the head of the service provider;

The head of the service provider checks 6) and signs the act of cost of the parcel of land within 6 (six) hours;

7) the employee of structural division on issue of documents transfers result of rendering the state service to issue within 2 (two) hours through the courier;

8) issue of ready documents to uslugopoluchatel is performed according to the working schedule of the service provider in case of production of documents, the proving identity or his representative, the acting on the basis of the document issued according to the civil legislation of the Republic of Kazakhstan in which appropriate authority of the representative is specified.

In case of the address on the portal:

1) the worker of the service provider performs acceptance, document registration and transfers them to the head of the joint venture, or person replacing it in day of documents acceptance within 3 (three) minutes;

2) the head of the joint venture or person replacing it examines contents of documents, imposes the resolution and determines the worker, the actionee of the state service, within 5 (five) minutes;

3) the employee of the joint venture within 1 (one) working day from the moment of document registration checks reliability of the documents submitted by uslugopoluchatel for the receipt of the state service and (or) these (data) containing in them and identifies the parcel of land according to the IS EGKN database.

On the parcels of land located within settlements in the presence of the established borders of the settlement and estimative zones, within 4 minutes verification of presence of the documents necessary for work is performed, within 12 minutes information collection from tables and layers (settlement border, estimative zones and other reference books) is made, calculation of cadastral (estimative) cost of the parcel of land and forming of the act of cost of the parcel of land for form according to appendix 3 to these rules is perfromed.

In cases if the parcel of land within the settlement is not reflected in IS EGKN layers (settlement borders, estimative zones and other reference books), but at the same time there is identification document on the parcel of land which underwent state registration according to the procedure, established by the Law on state registration of the rights to real estate, then the cadastral estimated value is calculated within 3 (three) working days.

In case of the request for determination of cadastral estimated value of land share in the parcel of land which is in common ownership or general equity land use within the settlement, the cadastral estimated value on the asked part of the parcel of land is calculated as in the absence of the established borders of the settlement and estimative zones.

In the absence of the established borders of the settlement and estimative zones and receipt of documents on the parcels of land which are abroad the settlement within 3 (three) working days identifies the parcel of land according to the IS EGKN database during which if necessary requests from structural division on systematization and document storage (archive) of the service provider archive materials (land and cadastral cases, materials, soil, geobotanical inspection and other materials for rendering the state service) calculation of correction coefficient constitutes, makes calculation of cadastral (estimative) cost of the parcel of land, prepares the act of cost of the parcel of land.

In the absence of the bases for refusal in rendering the state service, the employee of the joint venture prepares the act of determination of cadastral (estimative) cost of the parcel of land, and sends it to the head of the joint venture, or person replacing it.

In case of the request for determination of cadastral estimated value on the parcels of land located outside line of settlements, provided under building, servicing of buildings and other purposes and for the purposes of agricultural use calculation of cadastral (estimative) cost of the parcel of land and forming of the act of cost of the parcel of land is performed within 3 (three) working days;

4) the head of the joint venture or person replacing it checks the act of cost of the parcel of land within 3 (three) minutes and directs to the signature to the head of the service provider.

In cases of determination of cadastral (estimative) cost of the parcel of land in the absence of the established borders of the settlement and estimative zones, and also receipt of the statement on the parcels of land which are abroad the settlement, the head of the joint venture or person replacing it checks the act of cost of the parcel of land within 30 (thirty) minutes and directs it to the signature to the head of the service provider.

The head of the service provider checks 5) and signs the act of cost of the parcel of land within 3 (three) minutes.

In cases of determination of cadastral (estimative) cost of the parcel of land in the absence of the established borders of the settlement and estimative zones, and also receipt of the statement on the parcels of land which are abroad the settlement, the head of the service provider checks and signs the act of cost of the parcel of land within 6 (six) hours.

6) the worker of the service provider sends by means of the portal to personal account of uslugopoluchatel the act of cost of the parcel of land in electronic form signed by the EDS of the authorized person of the service provider within 15 (fifteen) minutes from the moment of signing.

7. In the presence of the bases for refusal in rendering the state service of determination of cadastral (estimative) cost of the parcel of land, to uslugopoluchatel the notification on the provisional solution on refusal in rendering the state service in form according to appendix 4 to these rules where time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution is specified goes.

The notification on hearing goes not later than 3 (three) working days before completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the service provider issues makes the decision on determination of cadastral (estimative) cost of the parcel of land, or on motivated refusal in rendering the state service.

The result of hearing goes to "personal account" of the uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider.

8. The service provider provides immediate entering of data into information system of monitoring of rendering the state services on stage of rendering the state service.

The Ministry of Agriculture of the Republic of Kazakhstan sends information on the made changes and (or) additions to these rules to the operator of information and communication infrastructure of "the electronic government", the service provider and to Single contact center.

9. In case of failure of information system, the service provider without delay notifies the employee of structural division of the service provider responsible for information and communication infrastructure.

The ranking officer for information and communication infrastructure constitutes the protocol on technical issue and signs it the service provider.

10. The service provider refuses rendering the state service in the bases specified in Item 9 of the List.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers, and (or) their officials concerning rendering the state services

11. The claim to the decision, action (failure to act) of the service provider concerning rendering the state services moves addressed to the head of the service provider, in authorized body by assessment and control of quality of rendering the state services.

In case of receipt of the claim according to item 4 of Article 91 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK RK), the service provider sends it to the body considering the claim within 3 (three) working days from the date of receipt. The claim the service provider does not go to the body considering the claim in case of adoption of the favorable act, making of administrative action, completely meeting requirements specified in the claim.

12. The claim of uslugopoluchatel according to Item 2 of article 25 of the Law is subject to consideration:

the service provider - within 5 (five) working days from the date of its registration;

authorized body by assessment and control of quality of rendering the state services - within 15 (fifteen) working days from the date of its registration.

The term of consideration of the claim by the service provider, authorized body by assessment and control of quality of rendering the state services according to item 4 of article 25 of the Law is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In cases of prolongation of term of consideration of the claim the official given authority on consideration of claims within 3 (three) working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the uslugopoluchatel who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reason.

13. If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure according to Item 5 of article 91 APPK RK.

Appendix 1

to Rules of rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land"

List of the main requirements to rendering the state service "Determination of Cadastral (Estimative) Cost of the Parcel of Land"

1	Name of the service provider	The Government for Citizens state corporation (further - the service provider).
2	Methods of provision of the state service	1) service provider; 2) the web portal of "the electronic government" www.egov.kz (further - the portal).
3	Term of rendering the state service	The term of rendering the state service constitutes: on the parcels of land located within settlements in the presence of the established borders of the settlement and estimative zones: through the service provider - 1 day, through the portal - 30 (thirty) minutes, in case of their absence - within 3 (three) working days; in cases of determination of cadastral estimated value of land share in the parcel of land which is in common ownership or general equity land use within the settlement - within 3 (three) working days; on the parcels of land outside line of settlements, provided under building, servicing of buildings and other purposes and for the purposes of agricultural use - within 3 (three) working days. When rendering the state service in paper form, day of documents acceptance does not enter rendering the state service in time.
4	Form of rendering the state service	Electronic (partially automated) / paper.
5	Result of rendering the state service	The act of determination of cadastral (estimative) cost of the parcel of land, or the motivated answer of refusal in rendering the state service. If the uslugopoluchatel did not address for result of service in the specified time, the service provider provides their storage within one month for issue then transfers them for further storage to department of systematization and document storage (technical archive).
6	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	The cost of the state service is estimated in the amount of according to paragraphs 18, of 19, of the 20th appendix 3 to the order of the acting minister on investments and development of the Republic of Kazakhstan of January 26, 2016 No. 87 "About price approval on the goods (works, services) made and (or) realized by The Government for Citizens State corporation (it is registered in the Register of state registration of regulatory legal acts No. 13353). Payment of cost of the state service is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities and also in non-cash form through payment gateway of "the electronic government" (further - PShEP).
7	Working schedule of the service provider and subjects of information	1) the service provider - Monday through Saturday inclusive, according to the working schedule from 9:00 till 20:00 o'clock, without interruption for lunch except for Sunday and holidays according to the labor law of the Republic of Kazakhstan; 2) the portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service are performed in the working afternoon following in the it). Addresses of places of rendering the state service are placed on: 1) Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan: www.gov.kz; 2) Internet resource of the service provider: www.gov4c.kz; 3) on the portal.

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