ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of August 8, 2024 No. 269

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:

in Item 1:

17) to state the subitem in the following edition:

"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;";

add with subitems 18), 19), 20) and 21) of the following content:

"18) Rules of rendering the state service "Provision of Copies of Documents from Land and Cadastral Case" according to appendix 18 to this order;

19) Rules of rendering the state service "Approval of Projectible Borders of Administrative and Territorial Units of Graphical Data of Information System of the Single State Immovable Property Cadastre" according to appendix 19 to this order;

20) Rules of rendering the state service "About Issue of the Duplicate of the Lease Agreement on the Parcel of Land" according to appendix 20 to this order;

21) Rules of rendering the state service "Determination of Losses of Agricultural Production in case of Withdrawal of Agricultural Holdings for the Purposes Which Are Not Connected with Farming" according to appendix 21 to this order.";

be reworded as follows appendix 7 according to appendix 1 to this order;

be reworded as follows appendix 10 according to appendix 2 to this order;

add with appendices 18, of 19, 20 and 21 according to appendices 3, of 4, 5 and 6 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 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 8, 2024 No. 269

Appendix 7

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 "Provision of Data on High-quality Condition of the Parcel of Land"

Chapter 1. General provisions

1. These rules of rendering the state service "Provision of Data on High-quality Condition 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 "Provision of Data on High-quality Condition of the Parcel of Land" (further – the state service).

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

1) the parcel of land – the part of the earth fixed in the procedure established by the Land code of the Republic of Kazakhstan behind subjects of land relations allocated in the closed borders;

2) 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.

Chapter 2. Procedure for rendering the state service

3. The state service appears the Republican state company on the right of economic maintaining "The state institute of work on inspection of lands" of the Management committee land resources of the Ministry of Agriculture of the Republic of Kazakhstan" (further – the service provider) to physical persons or legal entities (further – uslugopoluchatel).

The list of the main requirements to rendering the state service "Provision of Data on High-quality Condition of the Parcel of Land" is specified in appendix 1 to these rules (further – the List).

4. Reception of an application about provision of data on high-quality condition 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 office of the service provider.

In representation cases uslugopoluchatel of incomplete document package, and (or) documents with the expired effective period, the service provider 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 on title and identification documents 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.

6. The employee of office of the service provider performs acceptance and document registration, specified in the List, and transfers the documents accepted from uslugopoluchatel to the production structural division responsible for service accomplishment (further – the joint venture), in day of documents acceptance.

7. The head of the joint venture within 30 (thirty) minutes examines contents of documents, and determines the worker, the actionee of the state service.

8. The employee of the joint venture within 2 (two) working days from the date 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;

checks data on high-quality condition of the parcel of land;

in the absence of the bases for refusal in rendering the state service, prepares data on high-quality condition of the parcel of land in form according to appendix 3 to these rules and sends for check and signing to the head of the joint venture.

9. The head of the joint venture checks and signs data on high-quality condition of the parcel of land and gives him to the employee of the joint venture.

10. The employee of the joint venture of the service provider within 2 (two) hours transfers result of rendering the state service to office of the service provider.

11. In the presence of the bases for refusal in rendering the state service, to uslugopoluchatel the notification on the provisional solution on refusal in rendering the state service in form according to appendix 4 to these rules in which 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 makes the decision on provision data on high-quality condition of the parcel of land, or on motivated refusal in rendering the state service.

12. Issue of ready documents to uslugopoluchatel is performed based on the receipt, in case of presentation of the identity certificate, or electronic document from service of digital documents (for identification) (or to his representative according to the document confirming powers).

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

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

15. The Ministry of Agriculture of the Republic of Kazakhstan within 3 (three) working days from approval date or change of these rules 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.

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

16. 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, department of the central authorized body on management of land resources (further – department), and also in authorized body by assessment and control of quality of rendering the state services.

In case of receipt of the claim according to 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.

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

the service provider, department – 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, department, 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 day 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.

18. 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 "Provision of Data on High-quality Condition of the Parcel of Land"

List of the main requirements to rendering the state service "Provision of Data on High-quality Condition of the Parcel of Land"

1	Name of the service provider	The republican state company on the right of economic maintaining "The state institute of work on inspection of lands" of the Management committee land resources of the Ministry of Agriculture of the Republic of Kazakhstan" (further – the service provider)
2	Methods of provision of the state service	Office of the service provider
3	Term of rendering the state service	Within 5 (five) working days
4	Form of rendering the state service	Paper
5	Result of rendering the state service	Data on high-quality condition of the parcel of land, or motivated refusal in rendering the state service
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, determined by the central authorized body by management of land resources according to Item 3 of Article 152 of the Land code of the Republic of Kazakhstan. 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.
7	Working schedule of the service provider and subjects of information	The service provider – Monday through Saturday inclusive according to the working schedule from 9:00 till 18:30 o'clock, with lunch break from 13.00-14:30 o'clock, except for days off and holidays according to the labor law of the Republic of Kazakhstan. Addresses of places of rendering the state service are placed on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan: www.gov.kz.
8	The list of the documents and data requested at uslugopoluchatel for rendering the state service	1) the statement for provision of data on high-quality condition of the parcel of land in form according to appendix 2 to the Rules of rendering the state service "Provision of Data on High-quality Condition of the Parcel of Land" approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301 (it is registered in the Register of state registration of regulatory legal acts No. 21336) (further – Rules); 2) the identity certificate, or the electronic document from service of digital documents (for identification). In case of the address of the representative – the identity document of the representative, the copy of the power of attorney from uslugopoluchatel or the document certifying powers of the representative of uslugopoluchatel or the electronic document from service of digital documents (for identification); 3) copy of the scheme of placement of the parcel of land; 4) the copy of the payment document (receipt) on payment of the rendered service; 5) the copy of the identification document on the required parcel of land. 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 on title and identification documents on the parcel of land, about payment for rendering the state service, istrebyvatsya by the service provider from the corresponding state information systems.
9	The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan	1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them; 2) discrepancy of uslugopoluchatel and (or) the provided materials, supplied and the information necessary for rendering the state service, to the requirements established by Rules; 3) lack of consent of the uslugopoluchatel provided according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" on access to personal data of limited access which are required for rendering the state service.
10	Other requirements taking into account features of rendering the state service	Receipt of the state service through the service provider is performed in the location of the parcel of land. Uslugopoluchatel signs the act of the performed works, the rendered services, according to Item 3 of article 379 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)". Contact telephone numbers of service desks concerning rendering the state service are specified on the portal. Single contact center concerning rendering the state services: 1414, 8 800 080 7777. Service of digital documents is available to the users authorized in mobile application. For use of the digital document it is necessary to undergo authorization in mobile application with use of the digital signature or one-time password, further to pass into the Section "Digital Documents" and to choose the necessary document.

Appendix 2

to Rules of rendering the state service "Provision of Data on High-quality Condition of the Parcel of Land"

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