of May 20, 2019 No. 203
About approval of Rules of compensation of losses and losses of forestry and landscape production
According to Item 2 of Article 51 of the Forest code of the Republic of Kazakhstan of July 8, 2003 I ORDER:
1. Approve the enclosed Rules of compensation of losses and losses of forestry and landscape production.
2. To provide to committee of forestry and fauna 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 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 order the direction it the copy on official publication in periodic printing editions;
4) placement of this 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 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 order.
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 ten calendar days after day of its first official publication.
Minister of Agriculture of the Republic of Kazakhstan
S. Omarov
It is approved Ministry of Finance of the Republic of Kazakhstan |
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of May 20, 2019 No. 203
1. These rules of compensation of losses and losses of forestry and landscape production (further - Rules) are developed according to Item 2 of Article 51 of the Forest code of the Republic of Kazakhstan of July 8, 2003 (further - the Forest code) and determine procedure for compensation of losses and losses of forestry and landscape production.
2. Compensation of losses and losses of forestry and landscape production is performed by physical persons and legal entities to which the parcels of land, according to the calculations constituted by public institution of forestry are translated.
3. In these rules the following basic concepts are used:
1) forest cultures - artificially created plantings from forest tree and shrubby species;
2) public institution of forestry (further - forest organization) - the organization created according to the procedure, established by the legislation of the Republic of Kazakhstan, for implementation of actions for protection and protection of the state forest fund, to reproduction of the woods and afforestation, forest utilization regulation;
3) wood type - set of the sites with forest stands or plantings combined by uniformity of forest vegetation conditions, similarity of origin, structure, ground cover and community of lesovodstvenny actions;
4) the applicant - physical persons and legal entities for the benefit of which are performed transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management and (or) withdrawal of lands of the state forest fund for the state needs;
5) forest stand - set of the trees which are the main component of forest plantings.
4. The applicant in any form in the location of the parcel of land submits to forest organization the application for compensation of losses and losses of forestry and landscape production in case of transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management (further - the statement).
The forest organization within 10 working days from receipt date of the statement constitutes calculation of compensation of losses and losses of forestry and landscape production in case of transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management assures seal and the signature of the head in form according to appendices 1, 2 and 3 to these rules.
Calculations are constituted in duplicate, one copy of calculations is handed to the applicant, the second copy remains in forest organization.
5. Calculation of compensation of losses for category of lands of the state forest fund is made in form according to appendix 1 to these rules based on standard rates of compensation of the losses of forestry and landscape production caused by withdrawal of the forest grounds for their use for the purpose of which are not connected with forest management and agricultural industry (further - Standard rates), approved by the order of the acting minister of agricultural industry of the Republic of Kazakhstan of February 25, 2015 No. 18-02/132 (it is registered in the Register of state registration of regulatory legal acts at No. 10613).
6. The groups of types of the wood specified in Standard rates are determined according to appendix 1 to the Rules of cabins of the wood on sites of the state forest fund approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of June 30, 2015 No. 18-02/596 (it is registered in the Register of state registration of regulatory legal acts at No. 11894).
7. Calculation of indemnification of forestry and landscape production with forest cultures is determined by form according to appendix 2 to these rules. These are losses on creations (preparatory work, landing and care of forest cultures) of forest cultures.
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