ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 3, 2022 No. 180

About approval of Rules of creation of the land management project on forming of the parcels of land

According to subitem 4-2) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of creation of the land management project on forming of the parcels of land.

2. Recognize invalid the order of the Minister of national economy of the Republic of Kazakhstan of May 6, 2015 as No. 379 "About approval of Rules of accomplishment of land management works on development of the land management project" (it is registered in the Register of state registration of regulatory legal acts No. 11370).

3. Exclude Item 12 of the list of orders in the field of land relations to which changes are made of the Minister of national economy of the Republic of Kazakhstan approved by the order of December 22, 2015 No. 782 "About introduction of amendments to some orders in the field of land relations" (it is registered in the Register of state registration of regulatory legal acts No. 13093).

4. 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.

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

6. 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 June 3, 2022 No. 180

Rules of creation of the land management project on forming of the parcels of land

Chapter 1. General provisions

1. These rules of creation of the land management project on forming of the parcels of land (further – Rules) are developed according to subitem 4-2) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan (further – the Code) and determine procedure for creation of the land management project on forming of the parcels of land.

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

1) The Government for Citizens State corporation (further – the State corporation) – the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing maintaining the state land cadastre and state registration of the rights to real estate in the place of its stay;

2) developer – the physical person or legal entity which is engaged in project and prospecting works, and also performing execution of land management projects;

3) the foreign parcel of land – the parcel of land located in other parcel of land;

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

5) the positive conclusion of the land commission – the conclusion of the commission about provision of the rights to the parcels of land in the form of the legal decision;

6) 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 (further – authorized body);

7) the land management project – the scheme (plan) of the parcel of land, data on the area of the parcel of land, its border and location, the information about adjacent owners and land users of the parcels of land and about restrictions, encumbrances and servitudes for the parcels of land;

8) the central authorized body on management of land resources – the state body performing regulation in the field of land relations (further – the central authorized body);

9) the parcel of land – the part of the earth fixed in the procedure established by the Code behind subjects of land relations allocated in the closed borders;

10) the automated information system of the state land cadastre (further – AIS GZK) – the information system intended for maintaining the state land cadastre, comprising quality and quantity characteristics of the parcels of land including about their borders, and also the information about owners of the parcels of land and land users;

11) the servitude – the right of limited target use of others parcel of land, including for pass, journey, laying and operation of necessary communications, hunting and fish farms and other needs;

12) the third parties are persons whose rights and legitimate interests can be infringed when carrying out land management.

3. Development of the land management project is performed by provision of the right to the parcel of land from the lands which are in state-owned property, and when streamlining of the existing parcels of land.

4. By provision of the right to the parcel of land from the lands which are in state-owned property, development of the land management project on forming of the new parcel of land is carried out based on the positive conclusion of the land commission and the statement of person interested in provision of the parcel of land (further – the customer), on development of the land management project.

Provisions of this Item extend to the parcels of land provided according to the procedure, provided by Articles 43, 44 and 45 Codes.

In case of development of the land management project change of location of the parcel of land specified in the act of the preliminary choice of the parcel of land is not allowed.

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