ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of April 5, 2022 No. 98

About approval of Rules of renewal of the agreement of temporary paid land use (lease) of the parcels of land of agricultural purpose in case of alienation of the right of land use

According to subitem 4-14) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of renewal of the agreement of temporary paid land use (lease) of the parcels of land of agricultural purpose in case of alienation of the right of land use.

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

2) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.

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 sixty calendar days after day of its first official publication.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of April 5, 2022 No. 98

Rules of renewal of the agreement of temporary paid land use (lease) of the parcels of land of agricultural purpose in case of alienation of the right of land use

Chapter 1. General provisions

1. These rules of renewal of the agreement of temporary paid land use (lease) of the parcels of land of agricultural purpose in case of alienation of the right of land use (further – Rules) are developed according to subitem 4-14) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan (further – the Code) and determine procedure for renewal of the agreement of temporary paid land use (lease) for the parcels of land of agricultural purpose in case of alienation of the right of land use.

Chapter 2. Procedure for renewal of the agreement of temporary paid land use (lease) for the parcels of land of agricultural purpose in case of alienation of the right of land use

2. Renewal of the agreement of temporary paid land use (lease) of the parcels of land of agricultural purpose in the case provided by subitem 5-1) of part six of Item 1 of article 33 of the Code is performed by authorized body on land relations of the area, city of regional value (further – authorized body).

3. The citizen or the legal entity of the Republic of Kazakhstan without foreign participation (further – the land user) who made alienation of the right of land use on lands of agricultural purpose within 3 (three) working days after making of the civil transaction sends to authorized body in the location of the parcel of land the notification on renewal of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose (further – the notification on renewal) in form according to appendix 1 to these rules.

4. The notification on renewal of the land user who made alienation of the right of land use on lands of agricultural purpose is subject to obligatory acceptance, registration, accounting and consideration by authorized body.

5. The authorized body within 5 (five) working days from the moment of receipt of the notification on renewal considers the notification on renewal on correctness of filling and compliance of the requirement of these rules.

Following the results of consideration of the notification about renewals the authorized body makes the decision on renewal of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose (further – the positive decision), or on refusal in renewal of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose on the bases specified in Item 11 of these rules.

In case of decision making about refusal in renewal of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose the authorized body sends to the land user who made alienation of the right of land use on lands of agricultural purpose, motivated refusal with reasons for the reasons of impossibility of renewal of the agreement of temporary paid land use (lease) for the parcel of land of agricultural purpose.

6. In case of adoption of the positive decision to the land user during the term specified in Item 5 of these rules the notification on the conclusion of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose in form according to appendix 2 to these rules goes.

7. The notification on the conclusion of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose goes authorized body the registered mail, the telegram with the assurance of receipt, including by means of the notification the telephone message, short text messages on channels of cellular communication or e-mail, and also with use of other means of communication providing fixation of the notice.

8. The authorized body within 3 (three) working days from the date of adoption of the positive decision prepares the draft agreement of temporary paid land use (lease) of the parcel of land according to the order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2019 No. 41 "About approval of the standard agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production" (it is registered in the Register of state registration of regulatory legal acts No. 18267) or the order of the Minister of Agriculture of the Republic of Kazakhstan of September 26, 2019 No. 353 "About approval of the standard agreement of temporary paid land use (lease) of the parcel of land" (it is registered in the Register of state registration of regulatory legal acts No. 19437).

9. The land user who acquired the right of temporary land use to the parcel of land of agricultural purpose within 3 (three) working days from the date of receipt of the notification on agreement signature of temporary paid land use (lease) of the parcel of land of agricultural purpose addresses to authorized body for agreement signature of temporary paid land use (lease) of the parcel of land of agricultural purpose.

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