Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

THE JOINT ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN AND THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 11, 2018 No. 502, on December 11, 2018 No. 101

About approval of criteria for evaluation of degree of risks and checking sheets in the field of land legal relationship, behind use and protection of lands, geodesy and cartography, the state land cadastre and monitoring of lands

(as amended on 30-11-2022)

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:

1. Approve:

1) criteria for evaluation of degree of risks in the field of land legal relationship behind legality of the made decisions of local executive bodies, according to appendix 1 to this joint order;

2) criteria for evaluation of degree of risks behind use and protection of lands of subjects of land legal relationship, according to appendix 2 to this joint order;

3) ceased to be valid according to the Joint Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of 30.11.2022 No. 473/Tax Code, 30.11.2022 of No. 111

4) criteria for evaluation of degree of risks in the field of the state land cadastre and monitoring of lands of activities of subjects for maintaining the state land cadastre and monitoring of lands, according to appendix 4 to this joint order;

5) checking leaf in the field of land legal relationship behind legality of the made decisions of local executive bodies and akims of the cities of district value, settlements, villages and rural districts, according to appendix 5 to this joint order;

6) checking leaf behind use and protection of lands of subjects of land legal relationship, according to appendix 6 to this joint order;

7) ceased to be valid according to the Joint Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of 30.11.2022 No. 473/Tax Code, 30.11.2022 of No. 111

8) checking leaf in the field of the state land cadastre and monitoring of lands of activities of subjects for maintaining the state land cadastre and monitoring of lands, according to appendix 8 to this joint order.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of December 23, 2015 No. 784 "About approval of criteria for evaluation of degree of risks and checking sheets of subjects of land relations behind use and protection of lands, geodetic and cartographic activities" (it is registered in the Register of state registration of regulatory legal acts No. 12785, it is published on January 15, 2016 in the 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 joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint order the direction it 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) within ten calendar days after state registration of this joint order the direction it the copy on official publication in periodic printing editions;

4) placement of this joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this joint order submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

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

5. This joint 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

Minister of national economy of the Republic of Kazakhstan

___________________ T. Suleymenov

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

Appendix 1

to the Joint Order of the Deputy Prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 11, 2018 No. 502, on December 11, 2018 No. 101

Criteria for evaluation of degree of risks in the field of land legal relationship behind legality of the made decisions of local executive bodies

1. These criteria for evaluation of degree of risks in the field of land legal relationship behind legality of the made decisions of local executive bodies (further – Criteria) are developed according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts No. 17371), for reference of subjects of control to degrees of risks.

2. In these Criteria the following concepts are used:

1) subjects of control - local executive bodies, authorized bodies, structural divisions of the local executive bodies performing functions in the field of architecture and town planning;

2) insignificant violations - the violations of requirements of the land legislation expressed in non-compliance with requirements for provision of information on availability of the parcels of land for housing construction, special land fund, violation of terms of preparation of offers according to territorial zoning on possibility of use of the asked parcel of land on the declared purpose, non-compliance with the local executive body by structural division performing functions in the field of architecture and town planning of term of preparation of the act of the choice of the parcel of land with its situational scheme;

3) considerable violations – the violations of requirements of the land legislation expressed in non-compliance with fixed terms of consideration of petitions (statements) with physical persons and legal entities, decision makings by local executive bodies about provision or about refusal in provision of the rights to the parcels of land, considerations and approvals of the land management project, the conclusion of the purchase and sale agreement or temporary paid (non-paid) land use, placement of information with lists of persons who received the parcel of land, tendering (auctions) and tenders and also in non-compliance with requirements of rules of the organization and tendering (auctions) selling the parcels of land or the right of lease of the parcels of land in electronic form on the web portal of the register of state-owned property and transfer of agricultural holdings from one type in another;

4) risk of the subject of land relations - probability of damnification to land resources, violations of the rights of owners to the earth and land users taking into account severity of its effects;

5) gross violations - the violations of requirements of the land legislation influencing to legitimate interests of physical persons and legal entities, valuable interests of the state, expressed in violation of procedure for decision making by local executive bodies about provision, about refusal, about change of purpose of the parcels of land or the rights of lease of the parcels of land;

6) risk degree assessment - complex of the events held by control facility for the purpose of the organization and carrying out preventive control with visit of subject (object) of control.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.