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THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 5, 2018 No. 194

About approval of Rules of identification of the parcels of land which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan

(as amended on 28-04-2021)

According to item 4 of article 509 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) I ORDER:

1. Approve the enclosed Rules of identification of the parcels of land which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan.

2. Declare invalid the order of the acting minister of national economy of the Republic of Kazakhstan of December 15, 2015 No. 770 "About approval of the Rules of identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 12624, it is published on January 18, 2016 in information system of law of Ad_let).

3. 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) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

The deputy prime minister of the Republic of Kazakhstan is the Minister of Agriculture of the Republic of Kazakhstan

U. Shukeev

Approved by the Order of the Deputy prime minister of the Republic Kazakhstanministra of agricultural industry of the Republic of Kazakhstan of May 5, 2018 No. 194

Rules of identification of the parcels of land which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of identification of the parcels of land which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan (further - Rules), are developed according to item 4 of article 509 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and determine procedure for identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan.

Provisions of these rules do not extend to the organization specializing in improvement of quality of credit portfolios of banks of the second level which single shareholder is the Government of the Republic of Kazakhstan, and on its subsidiary companies.";

2. The basic concepts used in these rules:

1) authorized body on control of use and protection of lands – the structural division of local executive bodies of area, city of republican value, the capital exercising the state control of use and protection of lands;

2) authorized body on land relations – the structural division of local executive bodies of area, city of republican value, the capital, area, city of regional value performing functions in the field of land relations;

3) body of state revenues – the state body which within the competence is performing ensuring receipts of taxes and payments in the budget, customs regulation in the Republic of Kazakhstan, powers according to the prevention, identification, suppression and disclosure of the administrative offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body, and also which is carrying out other powers, stipulated by the legislation the Republic of Kazakhstan;

4) registering body – The Government for Citizens State corporation performing state registration in the location of real estate.

Chapter 2. Procedure for identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan

3. Identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the land legislation of the Republic of Kazakhstan is made in the way:

accounting of owners (land users) of the parcels of land intended for construction of facilities according to the subitem 12) of Item 3 of Article 14-1 of the Land code of the Republic of Kazakhstan (further - the Code) (further - accounting of the parcels of land);

monitoring of execution of terms, stipulated in Clause 92 Codes for development of the parcels of land intended for construction of facilities, their use in the corresponding purposes with observance of the land legislation of the Republic of Kazakhstan (further - monitoring);

checks of owners (land users) of the parcels of land provided for construction of facilities regarding confirmation of the facts of use (non-use) of such sites in the corresponding purposes or uses with observance (violation) of the land legislation of the Republic of Kazakhstan.

4. Accounting of the parcels of land is performed by authorized body on land relations by collection of land and cadastral and other information on the parcels of land intended for construction of facilities.

4-1. Results of systematic observations, land shootings, inspections, inventory counts, materials of the state control of use and protection of lands, the contemporary records this remote sensing of lands, the data received from the state information systems and electronic information resources and also other data on high-quality condition of lands are information sources for monitoring of lands.

5. Monitoring is performed by authorized body on land relations by results:

1) the inventory count of lands which is carried out at the initiative of local executive body;

2) the comprehensive examination of lands conducted by the working group created by local executive body;

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