ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2019 No. 252

About approval of Rules of the organization and carrying out monitoring of use of the lands agricultural purpose provided for maintaining country or farm, farm-production

According to subitem 2-5) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization and carrying out monitoring of use of the lands agricultural purpose provided for maintaining country or farm, farm-production.

2. 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) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within 10 (ten) calendar days from the date of the 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 "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within 10 (ten) calendar days after the 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 10 (ten) working days after the 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 Item.

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 10 (ten) calendar days after day of its first official publication.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of July 3, 2019 No. 252

Rules of the organization and carrying out monitoring of use of the lands agricultural purpose provided for maintaining country or farm, farm-production

Chapter 1. General provisions

1. These rules of the organization and carrying out monitoring of use of the lands agricultural purpose provided for maintaining country or farm, farm-production (further – Rules), are developed according to subitem 2-5) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan (further – the Code) and determine procedure for the organization and carrying out monitoring of use of the lands agricultural purpose provided for maintaining country or farm, farm-production (further – monitoring of use of lands).

2. In these rules the following basic concepts are used:

1) authorized body in the field of veterinary science – the central executive body performing management in the field of veterinary science and also within the powers cross-industry coordination;

2) remote sensing of Earth – process of receipt of information on the Earth's surface by observation and measurement from space and airspace of own and reflected radiation of elements of sushi, the ocean and the atmosphere;

3) 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;

4) local executive body (akimat) (further – local executive body) – the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

5) local government bodies – bodies to which according to the Law of the Republic of Kazakhstan "About local public administration and self-government in the Republic of Kazakhstan" functions according to the solution of questions of local value are assigned;

6) territorial subdivision of department of the central authorized body on management of land resources (further – territorial subdivision) – territorial subdivisions on management of land resources of areas, cities of republican value, the capitals of department of the central authorized body exercising the state control of use and protection of lands;

7) public councils – the advisory and consultative, supervisory bodies formed by the ministries, bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan, bodies of local public administration, subjects of the quasi-public sector concerning their competence, except for the state bodies specified in part two of Item 1 of article 1 of the Law of the Republic of Kazakhstan "About public councils" together with non-profit organizations, citizens;

8) temporary land users (further – land users) – persons whose right of land use is limited to certain term.

3. Treat cases of non-use of the parcel of land provided for maintaining country or farm, farm-production to destination:

1) on ploughland – not work on processing of the parcel of land under sowings of agricultural crops;

2) on haymakings – not carrying out on the mowing parcel of land, overgrowing availability its weeds, bushes, small forest and other signs of degradation of herbage;

3) on pastures – lack of farm animals for pasture or their availability in number of less than twenty percent from maximum permissible regulation of the load of total area of pastures (further – loading Regulation) approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of April 14, 2015 No. 3-3/332 "About approval of maximum permissible regulation of load of total area of pastures" (it is registered in the Register of the state registration of regulatory legal acts No. 11064), and (or) lack of mowing for the purpose of procurement of forages;

4) on long-term plantings - not work on leaving, harvesting and stubbing of written off long-term plantings.

4. To cases of irrational use of lands of agricultural purpose (except for haymakings, long-term plantings and non-productive sites: roads, forest plantations, the rivers, lakes) belong non-compliance with requirements, stipulated in Item 4 and 7 Rules of rational use of the lands of agricultural purpose approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of January 17, 2020 No. 7 (it is registered in the Register of the state registration of regulatory legal acts No. 19893) (further – Rules of rational use of lands of agricultural purpose), and availability at the land user of farm animals for pasture in the quantity exceeding Norma of loading.

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