of March 27, 2015 No. 271
About approval of standards of the state services in the field of land relations
According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", I ORDER:
1. Approve enclosed:
1) the standard of the state service "Issue of the Final Decision on Transfer of Agricultural Holdings from One Type in Another" according to appendix 1 to this order;
2) the standard of the state service "Provision of Data on High-quality Condition and Estimated Value of the Parcel of Land" according to appendix 2 to this order.
2. Land to provide to committee on cases of construction, housing and communal services and management with resources of the Ministry of national economy 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) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Acting minister of national economy of the Republic of Kazakhstan
M. Kusainov
|
It is approved Minister of investments and development of the Republic of Kazakhstan April 13, 2015 |
________________ A. Isekeshev |
Appendix 1
to the Order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 271
1. The state service "Issue of the Final Decision on Transfer of Agricultural Holdings from One Type in Another" (further - the state service).
2. The standard of the state service (further - the Standard) is developed by the Ministry of Agriculture of the Republic of Kazakhstan (further - the Ministry).
3. The state service appears local executive bodies of areas and cities of regional value (further - the service provider).
Reception of an application and issue of result of rendering the state service are performed through The Government for Citizens State corporation (further the State corporation).
4. Terms of rendering the state service:
1) from the date of delivery of document package in the State corporation - 30 (thirty) calendar days;
2) the most allowed time of expectation for delivery of document package - 20 (twenty) minutes;
3) the most allowed time in queue in case of receipt of documents - 20 (twenty) minutes.
In case of the appeal to the State corporation, day of acceptance rendering the state service does not enter in time, at the same time the result of rendering the state service by the service provider is provided in the State corporation a day before the termination of term of rendering the state service.
5. Form of rendering the state service: paper.
6. Result of rendering the state service - the decision of the service provider on transfer of agricultural holdings from one type in another, or the motivated answer about refusal in rendering the state service in the bases, stipulated in Item 10 Standards.
Form of provision of result of rendering the state service: paper.
7. The state service is rendered free of charge to physical persons and legal entities (further - uslugopoluchatel).
8. The working schedule of the State corporation - Monday through Saturday inclusive, according to the working schedule from 9:00 to 20:00 o'clock, without interruption for lunch, except for Sundays and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "About holidays in the Republic of Kazakhstan".
The state service is rendered on the location of the parcel of land according to the procedure of "electronic queue" without the accelerated servicing, booking of electronic queue by means of the portal is possible.
9. Uslugopoluchatel (or his representative by proxy), including represents the faces having privileges in one copy to the State corporation:
1) the statement in form, according to appendix 1 to this Standard;
2) the identity document (for identification of the personality);
3) in case of transfer:
less valuable agricultural holdings from one type in another and in more valuable - the explanatory note with conclusions and offers of the approving authorized bodies of areas and the cities in the field of agricultural and water economy;
not irrigated ploughland in other less valuable types of agricultural holdings - the explanatory note with conclusions and offers of the approving regional authorized bodies of agricultural and water economy, environmental protection;
4) explication of the lands planned to transfer of agricultural holdings from one type in another;
5) the act of field inspection with indication of location of the agricultural holdings planned to transfer to other, their squares, use type, the reason of transfer and the drawing of field inspection with display of the revealed farmlands, subject transformations signed by representatives of divisions of the approving state bodies and all interested authorized land users (owners) of these lands;
6) quality characteristic of the parcels of land.
Reclamation from uslugopoluchatel of documents which can be received from information systems is not allowed.
Data on identity documents, on registration (re-registration) of the legal entity, the registration of the individual entrepreneur, or on the beginning of activities as the individual entrepreneur confirming the property right to real estate, title and identification documents on the parcel of land on lack of encumbrances on the parcel of land, the service provider receives from the corresponding state information systems through lock of "the electronic government".
The service provider receives the consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.
In case of delivery the uslugopoluchatel of all necessary documents to uslugopoluchatel issues the receipt on acceptance of the corresponding statement.
Issue of ready documents is performed based on the receipt, in case of presentation of the identity certificate (or his representative according to the document confirming powers).
The state corporation provides storage of result within one month then transfers them to the service provider for further storage. In case of the address of uslugopoluchatel after one month, at the request of the State corporation the service provider within one working day sends ready documents to the State corporation for issue to uslugopoluchatel.
10. The bases for refusal in rendering the state service are:
1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;
2) the negative reply of authorized state body in the field of agricultural industry and environmental protection on request about approval which is required for rendering the state service;
3) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.
11. In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these Standards, the employee of the State corporation issues the receipt on refusal in reception of an application in form, according to appendix 2 to this Standard.
12. Appeal of decisions, actions (bezdeystviye) of the Ministry, the service provider and (or) his officials, the State corporation and (or) his workers concerning rendering the state services: the claim is submitted addressed to the head of the service provider or addressed to the head of the Ministry in the working days to the addresses specified in Item 16 of this Standard.
The claim is submitted in writing by mail, by means of the web portal of "the electronic government" or purposely through office of the service provider or the Ministry.
Confirmation of adoption of the claim in office of the service provider, the Ministry, is its registration (stamp, the entering number and date) with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint. The claim is signed by physical person or the representative of the legal entity.
Confirmation of adoption of the claim in the State corporation which arrived as if on purpose, and mail, is its registration (stamp, the entering number and registration date are put down on the second copy of the claim or in the cover letter to the claim).
In the claim:
1) physical person its surname, name, middle name (are entered in case of its availability), the postal address;
2) legal entity its name, postal address, reference number and date.
In case of the address through the portal information on procedure for appeal can be obtained by phones of single contact center 1414, 8 800 080 7777.
When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).
The claim of uslugopoluchatel which arrived to the service provider or the Ministry is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by mail, by means of the web portal of "the electronic government" or is issued purposely in office of the service provider or the Ministry.
In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.
The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.
13. In disagreement cases with results of the rendered state service the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.
14. Uslugopoluchatelyam, having violation of health with permanent disorder of functions of organism limiting its life activity, in case of need documents acceptance, for rendering the state service, is made by the employee of the State corporation with departure at the place of residence by means of the address through single contact center 1414, 8 800 080 7777.
15. For rendering the state service conditions for uslugopoluchatel on waiting time and preparation of necessary documents are created (chairs for expectation, the places for filling of documents equipped with stands with the list of necessary documents and models of their filling), measures of fire safety are taken.
Buildings of the State corporation are equipped with entrance with the ramps intended for access for physically disabled people.
16. Addresses of places of rendering the state service are placed on:
1) Internet resource of the Ministry: www.moa.gov.kz, the Section "State Services", the subsection "Addresses of Places of Rendering the State Service" - "Local executive bodies";
2) Internet resource of the State corporation: www.gov4c.kz.
17. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center.
18. Contact telephone numbers of service desks concerning rendering the state services: 1414, 8 800 080 7777.
to the Standard of the state service "Issue of the Final Decision on Transfer of Agricultural Holdings from One Type in Another"
Form
To the akim ______________________
(cities, area)
____________________________
(surname, name, middle name
(in case of its availability)
from __________________________
surname, name, middle name
(in case of its availability) physical
____________________________
persons or full name
legal entity,
____________________________
individual identification
number or
____________________________
business identification
number, (document details,
____________________________
proving the identity
physical or representative
____________________________
legal entity, contact
phone (in the presence),
____________________________
location address
(for legal entities)
____________________________
or residence address
(for physical persons))
Statement
I ask you to translate agricultural holdings (to specify type of grounds) from one type in others (to specify type of grounds), at the address
__________________________________________________________________________
(address (location) of the parcel of land)
with purpose land участка_____________________________________
cadastral number __________________ the area _____________ hectare, in connection with
__________________________________________________________________________
(specify the reason of need of transfer)
He agrees to use of the data which are the secret protected by the law, containing in information systems.
Date of __________ Заявитель__________________________________________________
(surname, name, middle name (in case of its availability)
__________________________________________________________________________
physical or authorized representative of the legal entity, signature)
to the Standard of the state service "Issue of the Final Decision on Transfer of Agricultural Holdings from One Type in Another"
Form
____________________________
surname, name, middle name
(in case of its availability)
____________________________
or name
____________________________
organizations of uslugopoluchatel
____________________________
address of uslugopoluchatel
The receipt on refusal in reception of an application
Being guided by Item 2 of article 20 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", the department No. ____ branch of The Government for Citizens State corporation (to specify the address) refuses reception of an application on rendering the state service "Issue of Permission to Transfer of Agricultural Holdings from One Type in Another" in view of representation of incomplete document package by you according to the list provided by the Standard namely:
name of missing documents:
1) ________________________________________;
2) ________________________________________.
This receipt is constituted in 2 (two) copies, on one for each party
_______________________________________________________________________________
(surname, name, middle name (in case of its availability)
employee of the State corporation, signature)
Phone (in the presence)
__________________________________________________________________________
Received: ______________________________________________________ "___" ______
20 __ years. (surname, name, middle name (in case of its availability), the signature of uslugopoluchatel)
Appendix 2
to the Order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 271
1. State service "Provision of Data on High-quality Condition of the Parcel of Land" (further state service).
2. The standard of the state service (further - the Standard) is developed by the Ministry of Agriculture of the Republic of Kazakhstan (further - the Ministry).
3. The state service is rendered "By The Government for Citizens state corporation (further the service provider).
Reception of an application and issue of result of rendering the state service are performed through the service provider.
4. Terms of rendering the state service:
1) from the date of delivery of document package to the service provider of 10 (ten) working days, at the same time day of acceptance does not enter rendering the state service in time;
2) the most allowed time of expectation for delivery of document package of 15 (fifteen) minutes;
3) the most allowed time in queue in case of receipt of documents - 15 (fifteen) minutes.
5. Form of rendering the state service: paper.
6. Result of rendering the state service of the data on high-quality condition of agricultural holdings (meliorative condition of soils, point of site class and kulturtekhnichesky condition of fodder grounds) of the parcel of land, or the motivated answer about refusal in rendering the state service in the bases, stipulated in Item 10 these Standards.
Form of provision of result of rendering the state service: paper.
7. The state service is rendered on paid basis to physical persons and legal entities (further uslugopoluchatel).
Payment is made by cash or non-cash method through banks of the second level on the settlement account of the service provider.
8. The working schedule of the service provider - Monday through Saturday inclusive, according to the working schedule from 9:00 to 20:00 o'clock, without interruption for lunch, except for Sundays and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "About holidays in the Republic of Kazakhstan".
The state service is rendered on the location of the parcel of land according to the procedure of "electronic queue" without making an appointment and the accelerated servicing, booking of electronic queue by means of the portal is possible.
9. Uslugopoluchatel (or his representative by proxy), including represents the faces having privileges in one copy to the service provider:
1) the statement on provision of data on high-quality condition of the parcel of land in form, according to appendix 1 to this Standard;
2) the identity document of uslugopoluchatel (for identification of the personality);
3) copy of the act of the choice and (or) scheme of placement of the parcel of land;
4) the document confirming payment for rendering the state service.
Reclamation from uslugopoluchatel of documents which can be received from information systems is not allowed.
Data on identity documents, on registration (re-registration) of the legal entity, the registration of the individual entrepreneur, or on the beginning of activities as the individual entrepreneur confirming the property right to real estate, title and identification documents on the parcel of land on lack of encumbrances on the parcel of land, the service provider receives from the corresponding state information systems through lock of "the electronic government".
The service provider receives the consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.
In case of delivery the uslugopoluchatel of all necessary documents to the service provider issues the receipt on acceptance of the corresponding statement.
At the service provider issue of ready documents to uslugopoluchatel is performed based on the receipt, in case of presentation of the identity certificate (or to his representative according to the document confirming powers).
The service provider provides storage of result within one month. In case of the address of uslugopoluchatel after one month, the service provider within one working day issues ready documents to uslugopoluchatel.
10. The bases for refusal in rendering the state service are:
1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;
2) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.
11. In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these Standards, the service provider issues the receipt on refusal in reception of an application in form, according to appendix 2 to this Standard.
12. Appeal of decisions, actions (bezdeystviye) of the Ministry, and also the service provider and (or) his officials concerning rendering the state services: the claim is submitted addressed to the head of the service provider or addressed to the head of the Ministry in the working days to the addresses specified in Item 16 of this Standard.
The claim is submitted in writing by mail, by means of the web portal of "the electronic government" or purposely through office of the service provider or the Ministry.
Confirmation of adoption of the claim in the office of the service provider or the Ministry which arrived as if on purpose, and mail, is its registration (stamp, the entering number and registration date are put down on the second copy of the claim or in the cover letter to the claim). The claim is signed by physical person or the representative of the legal entity.
In the claim:
1) physical person its surname, name, middle name (are entered in case of its availability), the postal address;
2) legal entity its name, postal address, reference number and date.
In case of the address through the portal information on procedure for appeal can be obtained by phones of single contact center 1414, 8 800 080 7777.
When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).
The claim of uslugopoluchatel which arrived to the service provider or the Ministry is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by mail, by means of the web portal of "the electronic government" or is issued purposely in office of the service provider or the Ministry.
In case of disagreement with results of rendering the state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.
The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.
13. In disagreement cases with results of rendering the state service the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.
14. Uslugopoluchatelyam having violation of health with permanent disorder of functions of organism limiting its life activity, in case of need documents acceptance, for rendering the state service, is made by the worker of the service provider with departure at the place of residence by means of the address through single contact center 1414, 8 800 080 7777.
15. For rendering the state service conditions for uslugopoluchatel on waiting time and preparation of necessary documents are created (chairs for expectation, the places for filling of documents equipped with stands with the list of necessary documents and models of their filling), measures of fire safety are taken.
Buildings of the service provider are equipped with entrance with the ramps intended for access for physically disabled people.
16. Addresses of places of rendering the state service are placed on:
1) Internet resource of the Ministry: www.moa.gov.kz;
2) Internet resource of the service provider: www.gov4c.kz.
17. Contact telephone numbers of service desks concerning rendering the state services: 1414, 8 800 080 7777.
to the Standard of the state service "Provision of Data on High-quality Condition of the Parcel of Land"
Form
To the head
____________________________
name of the service provider
____________________________
(surname, name, middle name
(in case of its availability)
from _________________________
(surname, name, middle name
(in case of its availability) physical
____________________________
persons or full name
legal entity
____________________________
individual identification
number or
____________________________
business and identification
number, details
____________________________
the document certifying
identity of physical
____________________________
or representative legal
persons, contact
____________________________
phone (in the presence),
____________________________
location address
(for legal
____________________________
persons) or registration address
(for physical persons))
The statement on provision of data on high-quality condition of the parcel of land
I ask you to provide data on high-quality condition of the parcel of land, at the address:
_______________________________________________________________________
_________________________________________, ___________________, on the square _______ hectare
(address (location) of the parcel of land), (cadastral number of the parcel of land)
He agrees to use of the data which are the secret protected by the law, containing in information systems.
Date __________ Applicant ________________________________________________
(surname, name, middle name (in case of its availability)
________________________________________________________________________
physical or authorized representative of the legal entity, signature)
to the Standard of the state service "Provision of Data on High-quality Condition of the Parcel of Land"
Form
__________________________________
(surname, name, middle name (in case of its availability)
__________________________________
or name of the organization
_________________________________
address, uslugopoluchatel)
The receipt on refusal in reception of an application
Being guided by Item 2 of article 20 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", the department No. ____ branch "The Government for Citizens state corporation (to specify the address) refuses reception of an application on rendering the state service "Provision of Data on High-quality Condition of the Parcel of Land" in view of representation of incomplete document package by you according to the list provided by the standard of the state service namely:
name of missing documents:
1) ________________________________________;
2) ________________________________________.
This receipt is constituted in 2 (two) copies, on one for each party
____________________________________________________________________________
(surname, name, middle name (in case of its availability) the worker of the service provider, the signature)
Phone (in the presence) ________________________________________________________
Received: ____________________________________________________________________
(surname, name, middle name (in case of its availability), the signature of uslugopoluchatel)
"___" _________ 20 __ years.
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The document ceased to be valid since October 31, 2020 according to Item 2 of the Order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301