LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 17, 2015 No. 408-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of road and transport infrastructure, transport logistics and air transportation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan in connection with the accession to the World Trade Organization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015):

to add Item 5 of Article 830 with subitem 4-2) of the following content:

"4-2) Government for Citizens State corporations;".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of special economic zones", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of trading activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015):

Part one of Item 2 of Article 10 to state 1) in the following edition:

"2. The cadastral (estimative) cost of the specific parcel of land is determined by the Government for Citizens State corporation keeping the state land cadastre, according to base rates of payment for the parcels of land provided on paid basis in private property or in lease by the state, using to them correction (raising or lowering) coefficients and drawn up by the act of determination of cadastral (estimative) cost of the parcel of land approved within three working days by authorized body of area, city of republican value, the capital, area, city of regional value within competence of local executive bodies of areas, cities of republican value, the capital, areas, the cities of regional value on provision of the parcels of land.";

Article 12 to add 2) with subitems 32-1) and 43-1) of the following content:

"32-1) automated information system of the state land cadastre - the information system intended for maintaining the state land cadastre, comprising quality and quantity characteristics of the parcels of land including about their borders, and also the information about owners of the parcels of land and land users;";

"43-1) State The Government for Citizens 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 according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically;";

3) in Article 43:

the sixth Item 7 to state part in the following edition:

"Production and issue of the identification document on the parcel of land are performed by the State corporation keeping the state land cadastre, within six working days according to the procedure, established by the legislation of the Republic of Kazakhstan.";

the paragraph one of part one of Item 9 to state in the following edition:

"9. The identification documents on the parcel of land issued by the State corporation keeping the state land cadastre are:";

4) in Article 44-1:

the fifth Item 2 to state part in the following edition:

"The state corporation keeping the state land cadastre shall place on Internet resource land and cadastral schemes of the cities and areas with frequency of updating of data weekly.";

to state part one of Item 3 in the following edition:

"3. The physical persons and legal entities interested in provision by it of the land use right to the parcels of land submit the application of the established sample to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, village, rural district in the location of the parcel of land by means of the web portal of "the electronic government" or the State corporation according to the legislation of the Republic of Kazakhstan. At the same time registration number on acceptance date of the statement is surely assigned to the statement. The notification confirming filing of application in which the date of receipt of the act of the choice of the parcel of land for review is specified is issued to the applicant.";

parts the first, fourth and fifth item 4 to state in the following edition:

"4. The structural division of local executive body performing functions in the field of architecture and town planning within seven working days according to the approved town-planning documents prepares the act of the choice of the parcel of land with its situational scheme and sends it for approval to at the same time all interested state bodies, the relevant services and the State corporation keeping the state land cadastre by means of information systems of state bodies or on papers in case of absence at the approving bodies of these systems.";

"Data on the required site and the estimate for land and cadastral works are attached to the conclusion of the State corporation keeping the state land cadastre.

In case of employment of the asked parcel of land the State corporation keeping the state land cadastre within three working days sends to the structural division of local executive body performing functions in the field of architecture and town planning, the relevant information which will form the basis for refusal in provision of the right to the parcel of land.";

to state part one of Item 5 in the following edition:

"5. The structural division of local executive body performing functions in the field of architecture and town planning approves the final act of the choice with the applicant by the direction of the notification by means of the web portal of "the electronic government" or the State corporation.";

state Item 6 in the following edition:

"6. Signed materials arrive in the State corporation keeping the state land cadastre for production of the land cadastral plan.";

parts the fourth, fifth and eighth Item 8 to state in the following edition:

"Upon transition of the rights to the parcel of land the land cadastral plan is transferred to the acquirer or other owner. In case of lack of changes of identification characteristics of the parcel of land by the State corporation keeping the state land cadastre, the new land cadastral plan is not issued, and data on transition of the rights to the parcel of land to the land and cadastral book and the unified state register of lands are entered.

The copy of the decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district and the agreement of temporary land use signed by authorized body of area, city of republican value, the capital, area, city of regional value go through the State corporation or the web portal of "the electronic government" to the applicant for signing.";

"The copy of the decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district with appendix of the land cadastral plan and the agreement of temporary land use through the State corporation or the web portal of "the electronic government" go to the body performing state registration of the rights to real estate for further registration according to the legislation of the Republic of Kazakhstan.";

Part one of Item 2 of Article 49-1 to state 5) in the following edition:

"2. The physical persons and legal entities interested in change of purpose of the parcel of land submit the application to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, village, rural district in the location of the parcel of land on paper or by means of the web portal of "the electronic government" or the State corporation according to the legislation of the Republic of Kazakhstan.";

6) in Item 1 of Article 148:

1) after words "relevant organs" to add the subitem with the words "or State corporation";

6) after the word to "land users" to add the subitem with words ", and also to officials of the State corporation";

Second and third Item 3 of Article 152 to state 7) to part in the following edition:

"Activities for maintaining the state land cadastre of the Republic of Kazakhstan belong to the state monopoly and are performed by the State corporation.

The goods prices (works, services) made and (or) realized by the State corporation are established by the authorized body determined by the decision of the Government of the Republic of Kazakhstan from among the central state bodies in coordination with the central authorized body and antimonopoly authority.";

8) in Article 153:

in the subitem 5) of Item 1 of the word "electronic type" shall be replaced with words to "electronic form";

the paragraph one of Item 2 to state in the following edition:

"2. Treat the activities connected with maintaining the state land cadastre:";

Item 5 of Article 158 to state 9) in the following edition:

"5. The state bodies, the State corporation and officials performing maintaining the state land cadastre shall provide reliability of the data included in land and cadastral documentation.";

Item 2 of Article 162 to state 10) in the following edition:

"2. Technical supply of monitoring of lands is performed by the automated information system having collection points, processings and storages of information.".

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