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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 1, 2023 No. 181-VII ZRK

About development of agglomerations

(as amended of the Law of the Republic of Kazakhstan of 05.07.2024 No. 115-VIII ZRK)

This Law governs the public relations directed to creation of legal and organizational conditions for forming, development and functioning of agglomerations in the Republic of Kazakhstan.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) agglomeration - the local system consisting of the capital or the city of republican value, or the city of regional value and settlements located around them corresponding to the criteria determined by this Law;

2) the agglomeration territory - lands and water objects in borders (line) of the capital, city of republican value, the city of the regional value determined by the Government of the Republic of Kazakhstan, and their residential suburbs;

3) structure of agglomeration - the list of the settlements located in the territory of agglomeration;

4) comprehensive plan of development of agglomeration - the document containing the provisions aimed at providing sustainable social and economic development of agglomeration;

5) the center of agglomeration - the capital or the city of republican value, or the city of regional value determined by the Government of the Republic of Kazakhstan;

6) authorized body - the central executive body performing management and cross-industry coordination in the sphere of development of agglomerations.

Article 2. Legislation of the Republic of Kazakhstan on development of agglomerations

1. The legislation of the Republic of Kazakhstan on development of agglomerations is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. The principles of regulation of the relations in the sphere of development of agglomerations

The principles of regulation of the relations in the sphere of development of agglomerations are:

1) principle of economic justification: acceptance by the state of economically reasoned decisions providing favorable conditions, including stimulation of initiatives for forming, development and functioning of agglomerations and investment appeal;

2) principle of coordination: realization of the balanced regional policy taking into account national and local interests by acceptance of agreed decisions by local executive bodies concerning development of agglomerations;

3) concept of justice: respect for interests of the administrative and territorial units entering agglomeration.

Article 4. Reference of settlements to agglomeration

1. Criteria of reference of settlements to agglomeration are:

1) availability of daily labor, production, welfare and other communications with the center of agglomeration;

2) tendency to territorial merge to the center of agglomeration.

2. Reference of settlements to agglomeration is performed by their inclusion in structure of agglomeration which procedure for forming is determined by authorized body.

3. Inclusion of settlements in structure of agglomeration is performed by the Government of the Republic of Kazakhstan according to the offer of authorized body.

Article 5. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the sphere of development of agglomerations;

2) is approved by the list and structure of agglomerations;

3) is approved by comprehensive plan of development of agglomeration;

4) is approved by regulations on council on agglomerations;

5) is approved by structure of council on agglomerations;

6) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 6. Competence of authorized body

Authorized body:

1) realizes the main directions of state policy in the sphere of development of agglomerations;

2) is coordinated by activities of the central state bodies, local executive bodies and local councils of agglomerations concerning development of agglomerations;

3) develops offers on determination of the purposes and tasks aimed at providing forming, development and functioning of agglomerations;

4) renders assistance to local executive bodies of the capital, city of republican value and area which settlements are included into agglomeration, regarding questions of development of agglomerations;

5) is developed by the list and structure of agglomerations;

6) is developed by regulations on council on agglomerations;

Develops 7) and approves regulations on local council of agglomeration;

8) determines requirements to contents of the agreement on the joint solution of questions of local value in the territory of agglomeration;

9) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 7. Powers of local representative bodies of the capital, the cities of republican value, areas which settlements are included into agglomeration, the cities of regional value (the centers of agglomerations), areas which settlements are included into agglomeration

Local representative bodies of the capital, the cities of republican value, areas which settlements are included into agglomeration, the cities of regional value (the centers of agglomerations), areas which settlements are included into agglomeration:

1) is approved by draft agreements on the joint solution of questions of local value in the territory of agglomeration:

between the capital or the city of republican value and area which settlements are included into agglomeration;

between the city of regional value (the center of agglomeration) and areas which settlements are included into agglomeration;

2) make offers in local council of agglomeration;

3) approve the comprehensive plan of development of agglomeration provided by the secretariat of local council of agglomeration;

4) is performed according to the legislation of the Republic of Kazakhstan by other powers on providing the rights and legitimate interests of citizens.

Article 8. Powers of local executive bodies of the capital, the city of republican value and area which settlements are included into agglomeration

1. Local executive bodies of the capital, city of republican value and area which settlements are included into agglomeration:

1) participate in the joint solution of questions of local value of the settlements entering agglomeration;

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