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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 December 20, 2018 No. 518

About approval of Rules of the organization and carrying out tender on providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production

(as amended of the Order of the Minister of Agriculture of the Republic of Kazakhstan of 01.08.2019 No. 281)

According to subitem 2-6) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan of June 20, 2003 PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization and carrying out tender on providing the right of temporary paid land use (lease) 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 of the Republic of Kazakhstan:

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

2) within 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 "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 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 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 ten calendar days after day of its first official publication.

The deputy Premieres - the Minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan

U. Shukeev

It is approved

Ministry of information and communications of the Republic of Kazakhstan

 

Approved by the Order of the Deputy Prime minister of the Republic of Kazakhstan the Minister of Agriculture of the Republic of Kazakhstan of December 20, 2018 No. 518

Rules of the organization and carrying out tender on providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production

Chapter 1. General provisions

1. These rules are developed according to subitem 2-6) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan of June 20, 2003 (further - the Land code) and determine procedure for the organization and carrying out tender by providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production.

2. During action of the provisions of the law of the Republic of Kazakhstan of June 30, 2016 "About suspension of action of separate regulations of the Land code of the Republic of Kazakhstan and enforcement of the Law of the Republic of Kazakhstan of November 2, 2015 "About modification and amendments in the Land code of the Republic of Kazakhstan" (further - the Law) providing the parcels of land for maintaining country or the farm, farm-production on the right of land use (lease) to foreigners, stateless persons, foreign legal entities, and also legal entities of the Republic of Kazakhstan with foreign participation is not allowed.

3. The procedure and the procedure of providing the parcels of land which are in state-owned property on the right of temporary paid land use (lease) for maintaining country or farm, farm-production are performed according to Chapter 2 of these rules taking into account the provisions and restrictions provided by the Law.

4. The organization and carrying out tender for providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production are performed by local executive bodies of areas, cities of regional value.

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

1) the land commission - the collegiate organ under local executive body created according to Article 43 of the Land Code for consideration of the applications (requests) and preparation of the conclusions about providing the rights to the parcels of land (about determination of the winner of tender on providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production), about change of purpose of the parcels of land and about transfer of lands of water fund to lands of other categories;

2) tender - form of providing the parcel of land on the right of temporary paid land use (lease) for maintaining country or farm, farm-production to the physical persons and legal entities which offered the most advantageous conditions on its use;

3) the participant - the physical person or legal entity of the Republic of Kazakhstan registered in accordance with the established procedure for participation in tender on providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production;

4) the project of intraeconomic land management - the document determining and proving the organization and the device of the territory of farmlands on the near-term outlook, containing complex of the actions providing the most optimum use of each parcel of land taking into account its individual characteristics (fertility, processing properties, location, relief, climate, natural and historical, ecological and other features);

5) authorized body - authorized body on land relations of areas and cities of regional value, within their competence, the stipulated in Clause 14-1 Land code.

Chapter 2. Procedure for the organization and carrying out tender on providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production

6. Providing the parcels of land which are in state-owned property and are not provided in land use on the right of temporary paid land use (lease) for maintaining country or farm, farm-production is performed on the basis of tender on providing the right of temporary paid land use (lease) for maintaining country or farm, farm-production (further - tender) according to the procedure and on conditions, the stipulated in Clause 43-1 Land code and these rules.

7. The organization and carrying out tender are performed by local executive bodies of areas, cities of regional value in the following procedure:

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