ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of March 13, 2023 No. 90/Tax Code

About approval of Rules about protection, demolition or relaying (transfer) of geodetic Items

According to the subitem 2) of article 13 of the Law of the Republic of Kazakhstan "About geodesy, cartography and space data", I ORDER:

1. Approve the enclosed Rules about protection, demolition or relaying (transfer) of geodetic Items.

2. Recognize invalid some orders according to appendix to this order.

3. To provide to committee of geodesy and cartography of the Ministry of digital development, innovations and aerospace industry 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 digital development, innovations and the aerospace industry of the Republic of Kazakhstan after its official publication;

3) within 10 (ten) working days after state registration of this order submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of March 13, 2023 No. 90/Tax Code

Rules about protection, demolition or relaying (transfer) of geodetic Items

Chapter 1. General provisions

1. These rules about protection, demolition or relaying (transfer) of geodetic Items (further – Rules) are developed according to the subitem 2) of article 13 of the Law of the Republic of Kazakhstan "About geodesy, cartography and space data" (further – the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and determine procedure about protection, demolition or relaying (transfer) of geodetic Items and rendering the state service of issue of permissions to demolition or relaying (transfer) of geodetic Items.

In case of modification and (or) amendments in these rules regarding rendering the state service the authorized body in the field of geodesy and cartography within three working days after state registration of the order which provides modification and (or) amendments informs the operator of information and communication infrastructure of "the electronic government" and Single contact center on the made changes and (or) additions.

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

1) geodetic Item – the engineering design fixing point of the land surface with certain coordinates and (or) heights, and (or) values of gravity;

2) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Protection of geodetic Items

3. Items of the state geodetic, leveling and gravimetric networks, including land signs and the centers of these Items, are state-owned property and are under protection of the state.

4. Accounting of geodetic Items, control of integrity of network of permanent referentsny stations are exercised by the state company authorized on maintaining National fund of space data.

5. The geodetic Item consists of the center, outside sign and external design in the form of the ditch or shaft which is border of geodetic sign. In the absence of external design of geodetic Item, the basis of outside sign are its border.

For geodetic Items which special centers are pledged in walls of buildings and constructions borders of Items and conservation zones are not established. At the same time the wall brand or wall reference point is subject to protection.

6. The parcel of land on which the geodetic Item is located the border of geodetic sign and strip of the earth 1 meter wide lengthways are the conservation zone of geodetic Items.

7. Owners and land users of the parcels of land in the territory of which geodetic Items are placed (further – owners and land users) shall report in authorized body and local executive bodies of the cities of republican value, the capital, cities of regional value, areas about cases of damage or destruction of geodetic Items.

8. Owners and land users shall give opportunity of entrance (approach) to geodetic Items when carrying out geodetic and cartographic works.

9. When carrying out geodetic and cartographic works for surveys density of geodetic Items in geodetic and leveling network constitutes:

in the territories out of settlements in scale 1:25000 and 1:10000 – 1 geodetic Item on 50-60 square kilometer;

in the territories of settlements (the cities, settlements and rural settlements) in scale 1:2000 more largely – 1 geodetic Item on 5-15 square kilometers

10. In cases of receipt of information on damage or destruction of geodetic Items, local executive bodies draw up the statement of damage (destruction) of geodetic Item in form, according to appendix 1 to these rules.

11. Destruction or damage of geodetic Items involves responsibility of article 138 of the Code of the Republic of Kazakhstan established according to Item 2 "About administrative offenses".

Chapter 3. Procedure for demolition or relaying (transfer) of geodetic Items

12. Demolition or relaying (transfer) of geodetic Items is carried out only with permission (further – permission) Committee of geodesy and cartography of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan (further – the service provider).

Issue of permission to demolition or relaying (transfer) of geodetic Items is the state service (further – the state service).

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