Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAND CODE OF THE REPUBLIC OF KAZAKHSTAN

of June 20, 2003 No. 442-II

(as amended on 28-10-2019)

Section I. Basic provisions

Chapter 1. General provisions

Article 1. Land fund of the Republic of Kazakhstan

1. The land fund of the Republic of Kazakhstan according to purpose is subdivided into the following categories:

1) earth of agricultural purpose;

2) earth of settlements (cities, settlements and rural settlements);

3) the earth of the industry, transport, communication, for needs of space activities, defense, homeland security and other nonagricultural appointment;

4) the earth of especially protected natural territories, the earth of improving, recreational and historical and cultural appointment;

5) earth of forest fund;

6) earth of water fund;

7) earth of inventory.

2. The lands specified in Item 1 of this Article are used according to the purpose established for them. The legal regime of lands is determined proceeding from their belonging to this or that category and the permitted use according to zoning of lands (territory).

3. In the territory of the Republic of Kazakhstan on environment the following zones are allocated:

1) forest-steppe;

2) steppe;

3) sukhostepny;

4) semidesertic;

5) desert;

6) foothill and desert and steppe;

7) subtropical desert;

8) subtropical and foothill and desert;

9) the Central Asian mountain;

10) the southern Siberian mountain.

Article 2. Reference of lands to categories, their transfer from one category in another

Reference of lands to the categories specified in Article of 1 of this Code, and also transfer of lands from one category in another in connection with change of their purpose is made by the Government of the Republic of Kazakhstan, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value within their competence on provision and seizure of land, including for the state needs, established by this Code and other legal acts of the Republic of Kazakhstan.

Article 3. Land ownership

The earth in the Republic of Kazakhstan is in state-owned property. The parcels of land can be also in private property on the bases, conditions and in the limits set by this Code.

Article 4. Principles of the land legislation

The land legislation of the Republic of Kazakhstan is based on the following principles:

1) integrity, immunity and inalienability of the territory of the Republic of Kazakhstan;

2) preserving earth as natural resource, basis of life and activities of the people of the Republic of Kazakhstan;

3) protection and rational use of lands;

4) providing ecological safety;

5) target use of lands;

6) priority of lands of agricultural purpose;

7) providing with information on condition of lands and its availability;

8) state support of actions for use and protection of lands;

9) prevention of causing damage to the earth or elimination of its effects;

10) paid nature of use of the earth.

Article 5. Tasks of the land legislation

Tasks of the land legislation of the Republic of Kazakhstan are: establishment of the bases, conditions and limits of origin, change and termination of the property right to the parcel of land and right of land use, procedure of the rights and obligations of owners of the parcels of land and land users; regulation of land relations for the purpose of ensuring rational use and protection of lands, reproduction of fertility of soils, preserving and improvements of the environment; creation of conditions for equal development of all forms of managing; protection of land rights of physical persons and legal entities and state; creation and market development of the real estate; strengthening of legality in the field of land relations.

Article 6. Land legislation

1. The land legislation in the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and the regulatory legal acts of the Republic of Kazakhstan adopted according to it. Features of legal regulation of separate categories of lands of land fund of the Republic of Kazakhstan are established by the laws of the Republic of Kazakhstan.

2. The relations on use and protection of subsoil, waters, atmospheric air, the woods and other vegetation, fauna, objects of the environment having special ecological, scientific and cultural value, especially protected natural territories are regulated by the special legislation of the Republic of Kazakhstan.

3. Implementation by subjects of land relations of the rights belonging to them shall not do harm to the earth as natural resource and other objects of the environment, and also the rights and legitimate interests of other persons.

4. The property relations on ownership, use and the order of the parcels of land, and also on transactions with them are regulated by the civil legislation of the Republic of Kazakhstan if other is not provided by the land, ecological, forest, water legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on subsoil, on plant and animal life, especially protected natural territories.

5. The rights of physical persons and legal entities in the field of land relations cannot be limited, except the cases which are directly provided by the laws of the Republic of Kazakhstan.

6. Foreigners, stateless persons, and also foreign legal entities have the rights and perform duties in land legal relationship on an equal basis with citizens and legal entities of the Republic of Kazakhstan if other is not provided by this Code or other legal acts of the Republic of Kazakhstan.

7. The right of land use of other states in the territory of the Republic of Kazakhstan arises according to the international treaties ratified by the Republic of Kazakhstan.

Article 7. International agreements

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code are applied rules of the specified agreement. The international agreements ratified by the Republic of Kazakhstan are applied to land relations directly, except cases when follows from the international treaty that its application requires the edition of the legal act.

Article 8. Zoning of lands

1. Zoning - determination of the territory of lands with establishment of their purpose and the mode of use.

1-1. Zoning of lands in settlements is carried out for the purpose of delimitation of estimative zones and correction coefficients to base rates of payment for the parcels of land.

2. The organization of zoning of lands at the level of areas, the cities of republican value, the capital, areas, the cities of regional value is performed by the relevant authorized bodies of areas, cities of republican value, the capital, areas, cities of regional value. The project (scheme) of zoning of lands affirms the relevant representative bodies of areas, cities of republican value, the capital, areas, cities of regional value.

The part two of Item 2 of Article 8 is excluded according to the Law of the Republic of Kazakhstan of 13.06.2013 No. 102-V ZRK

3. excluded

4. The target mode of use of the territory determined when zoning lands is obligatory for subjects of land legal relationship.

5. Zoning of lands is carried out according to the decision of local executive bodies and performed at the expense of budgetary funds.

Article 9. Payments for the earth

1. The parcels of land which are in property, permanent land use or primary non-paid temporary land use are assessed with the land tax according to the tax legislation of the Republic of Kazakhstan.

2. For the parcels of land provided by the state in temporary paid land use (lease) the payment for use of the parcels of land is levied.

The procedure for calculation and payment in budget receipt of payment for use of the parcels of land is determined according to the tax legislation of the Republic of Kazakhstan.

By provision in the territory of the Republic of Kazakhstan of the parcel of land in lease to other states the amount of payment for use of the parcels of land is determined by the international treaties ratified by the Republic of Kazakhstan.

3. Sale of the parcels of land from state-owned property in private on paid basis is performed one-timely or by installments according to the decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district within its competence on provision of the parcels of land, except as specified, when the parcel of land is provided in property on a grant basis:

1) to citizens of the Republic of Kazakhstan - owners of premises as ideal share in objects of condominiums;

2) to citizens of the Republic of Kazakhstan for maintaining personal subsidiary farm, gardening, individual housing and country construction according to Item 2 of article 50 of this Code;

To 2-1) scientific centers with the international participation determined according to the procedure, established by the Government of the Republic of Kazakhstan;

To 2-2) domestic industrial enterprises which list and selection criteria for inclusion in the list are determined by the Government of the Republic of Kazakhstan;

To 2-3) small business entities under the objects transferred to them according to Item 2 of article 234 of the Entrepreneurial code of the Republic of Kazakhstan;

3) in other cases provided by this Code and legal acts of the Republic of Kazakhstan.

The payment for paid provision (sale) of the right of private property to the parcel of land (further - payment for the parcels of land) or the rights of temporary paid land use (lease) (further - payment for sale of the right of lease) is estimated on the basis of the cadastral (estimative) cost calculated at base rates of payment for the parcels of land using correction coefficients.

4. The means arriving from sale of the parcels of land of agricultural purpose by the state in private property are enlisted in National fund and used in the procedure established by the legislation of the Republic of Kazakhstan.

5. In case of change of purpose of the parcel of land, except for the parcel of land provided with condition, stipulated in Item the 6th Articles 44 of this Code, for construction of facilities, the provided master plan of the settlement gratuitously provided for maintaining personal subsidiary farm, gardening, individual housing and country construction under other purposes on which this Code provides paid provision of the parcels of land the owner of the parcel of land shall pay in budget receipt the amount equal to the cadastral (estimative) cost of the parcel of land, the stipulated by the legislation Republic of Kazakhstan for the changed purpose.

The local executive body in case of the change of purpose of the parcel of land as an exceptional case provided in part one of this Item approves the amount of cadastral (estimative) cost of the parcel of land which is not subject to payment in the budget with local representative body in the location of the parcel of land.

In case of change of purpose, except for lands, compulsorily aloof for the state needs, the parcel of land of agricultural purpose, and also the agricultural use within line of the settlement for its use for the purpose of which is not connected with maintaining rural and forestry, the owner of the specified parcel of land shall pay in the budget the amount equal to difference between cadastral (estimative) cost, the stipulated by the legislation Republic of Kazakhstan for the changed purpose, and the price at which this site was acquired at the state earlier.

6. The parcels of land and the right of land use in the form of the state natural grants are provided to the legal entity of the Republic of Kazakhstan enabling the realization of the investment project according to this Code and the legislation of the Republic of Kazakhstan in the field of investments.

The decision of local executive body of area, city of republican value, the capital, area, city of regional value on provision of the parcel of land as natural grant is accepted within its competence on provision of the parcels of land based on the decision of authorized body on investments.

7. In case of sale or leasing by the owner of the parcel of land, sale by the non-state land user of the land use right belonging to it to other persons, and also in case of delivery of the parcel of land by it in lease to secondary land users the size, terms and form of payment for the parcels of land are determined by purchase and sale agreements or property hiring according to the civil legislation of the Republic of Kazakhstan.

8. The parcel of land can be provided in payment of the authorized capital (property) of social business corporations at the price estimated at the cadastral (estimative) cost of the parcel of land.

At the same time registration of the parcel of land in property of social business corporations is performed after state registration of release of the announced shares.

Article 10. Base rates of payment for the parcels of land and cadastral (estimative) cost of the parcel of land

1. Base rates of payment for the parcels of land of agricultural purpose by their provision in private property, delivery by the state or the state land users of the parcels of land in lease, the amount of payment for sale of the right of lease and the amount of payment for establishment of the private servitude on the parcels of land which are in state-owned property and are not provided in land use are established by the Government of the Republic of Kazakhstan.

Base rates of payment for the parcels of land by their provision in private property in the regional centers, the cities of republican value, the capital, the cities of regional and district value, settlements and rural settlements are established by joint decisions of representative and executive bodies of areas, cities of republican value, the capital depending on local conditions and features.

At the same time rates of payment for use of the parcels of land are established not lower than the sizes of rates of the land tax.

The payment for sale of the right of lease is established differentially from the cadastral (estimative) cost of the specific parcel of land.

2. The cadastral (estimative) cost of the specific parcel of land is determined by the Government for Citizens State corporation keeping the state land cadastre, according to base rates of payment for the parcels of land provided on paid basis in private property or in lease by the state, using to them correction (raising or lowering) coefficients and drawn up by the act of determination of cadastral (estimative) cost of the parcel of land approved within three working days by authorized body of area, city of republican value, the capital, area, city of regional value within competence of local executive bodies of areas, cities of republican value, the capital, areas, the cities of regional value on provision of the parcels of land.

Base rates of payment for the parcels of land provided in private property in the settlements (settlements and rural settlements) located in residential suburb of the cities of Astana, republican value, the regional centers and the resort area increase twice.

3. The cadastral (estimative) cost of the additional parcels of land provided to citizens of the Republic of Kazakhstan in private property for maintaining personal subsidiary farm, gardening and country construction over the established regulations of free transfer is determined proceeding from base rates of payment for the parcels of land of the rural settlements which are most close located to the estimated sites.

4. On the parcels of land located outside line of settlements, provided (presented) citizens and non-state legal entities under building or which are built up with buildings (structures, constructions) and their complexes including the lands intended for servicing of buildings (structures and constructions) according to their appointment, except for the lands specified in Item 4-1 of this Article, the cadastral (estimative) cost is determined proceeding from the size of ten percent from base rates of payment for the parcels of land provided (provided) for the specified purposes in the cities of regional value which are most close located to the estimated parcels of land.

4-1. By the parcels of land located outside line of settlements, provided (provided) for maintaining country or farm and agricultural production, under the built-up buildings (structures, constructions) necessary for functioning of agricultural industry according to article 97 of this Code, including the lands intended for their servicing the cadastral (estimative) cost is determined proceeding from the size of base rates of payment for the parcels of land by their provision at private property for the agricultural purposes.

5. In case of determination of cadastral (estimative) cost of the parcels of land specified in Items 3 and 4 of this Article correction coefficients for remoteness of these sites from the centers of services industry according to the subitem 3) of item 4 of article 11 of this Code are applied.

Article 11. Correction coefficients to base rates of payment for the parcels of land

1. Borders of estimative zones and correction coefficients to base rates of payment for the parcels of land as the cities of district value, settlements and rural settlements affirm the decision of district representative body according to the offer of local executive body of the area, and as the cities of regional value, the cities of republican value, the capital – representative body of area, city of republican value, the capital according to the offer of local executive body of area, city of republican value, the capital.

At the same time the extreme (maximum) extent of the raising or decreasing coefficient shall not exceed the double size.

2. In case of determination of cadastral (estimative) cost of the parcels of land provided by the state for conducting agricultural production the correction coefficients (raising or lowering) depending on high-quality condition of the parcel of land, its location, water security, remoteness from service centers are applied.

3. The high-quality condition of the parcel of land by types of grounds and types of soils is established based on land cadastral maps, materials soil, geobotanical, soil and meliorative and other researches:

1) the following correction coefficients are applied to cost determination of the parcel of land used as a part of ploughland depending on its meliorative condition and bias of surface:

meliorative condition of lands:

good (the soils which are not salted and not solonetzic, not stony, not bald-headed; depth of ground waters: fresh - more than 3 m mineralized - more than 6 m) - 1,2;

satisfactory (soils slabozasolenny, slabosolontsevaty, slabokamenisty, slightly eroded; depth of low-mineralized ground waters 3-6 m) - 0,9;

unsatisfactory (soils of average and silnozasolenny, average and silnosolontsevaty, stony, average and severely eroded; depth of ground waters with mineralization more than 1 g/l - less than 3 m) 0,6;

surface bias:

to 1 degree - 1; from 1 to 3 degrees - 0,98; from 3 to 5 degrees of 0,96; from 5 to 7 degrees - 0,93; more than 7 degrees - 0,86;

2) the following correction coefficients are applied to cost determination of the parcels of land used as a part of natural fodder grounds (haymakings, pastures) depending on their high-quality condition and bias of surface of the site:

the improved haymakings and pastures:

radical improvement; with seeding of long-term herbs - 1,2;

superficial improvement without change of specific structure of vegetable cover - 1,1;

condition of the lands occupied with haymakings:

good (the parcel of land which is not littered, not bushed, nezalesenny, not stony with well expressed signs of zone vegetation) - 1,2;

satisfactory (the parcel of land littered, bushed, zalesenny, stony with violations of zone structure of vegetable cover. The specified signs are shown on the area up to 40 percent of the territory) - 0,9;

unsatisfactory (the parcel of land littered, bushed, zalesenny, stony with violations of zone structure of vegetable cover. The specified signs are shown on the area over 40 percent of the territory) - 0,7;

surface bias:

to 3 degrees - 1; from 3, to 6 degrees - 0,;;; from 6,1 to 10 degrees - 0,9; from 10,1 to 20 degrees - 0,85; more than 20 degrees of 0,5;

condition of the lands occupied with pastures:

good (the parcel of land which is not littered, not bushed (not eaten bushes), nezalesenny, not stony with well expressed signs of zone vegetation) - 1,2;

satisfactory (the parcel of land littered, bushed (not eaten bushes), zalesenny, stony with violations of zone structure of vegetable cover, availability of silnosbity pastures, the bared saline soils, solonetzic soils, takyrs. The specified signs are shown on the area up to 40 percent of the territory) - 0,9;

unsatisfactory (the parcel of land littered, bushed (not eaten bushes), zalesenny, stony with violations of zone structure of vegetable cover, availability of silnosbity pastures, the bared saline soils, solonetzic soils, takyrs. The specified signs are shown on the area more than 40 percent of the territory) - 0,6;

surface bias:

to 12 degrees - 1; from 13 to 20 degrees - 0,8; over 20 degrees - 0,6.

4. The following correction coefficients are applied to cost determination of the parcels of land depending on water content of the parcel of land, its location in relation to the economic center, remoteness of the parcel of land from the centers of services industry:

1) water content (water security) of the parcel of land:

flooded - 1,2; not flooded - 0,8;

2) location of the parcel of land in relation to the economic center, in kilometers:

to five - 1,;; from 5 to 10 - 1; from 10 to 20 - 0,9; from 20 to 300,8; over 30 - 0,7;

3) remoteness of the parcel of land from service centers depending on quality of roads:

+--------------------------------------------------------------------+
¦Расстояние,  ¦     Дороги с    ¦Дороги с щебеночным¦Грунтовые дороги¦
¦км           ¦твердым покрытием¦    покрытием      ¦                ¦
+-------------+-----------------+-------------------+----------------¦
¦До 20        ¦  1,4            ¦  1,1              ¦    0,7         ¦
+-------------+-----------------+-------------------+----------------¦
¦21-40        ¦  1,2            ¦  0,9              ¦    0,6         ¦
+-------------+-----------------+-------------------+----------------¦
¦41-60        ¦  1,0            ¦  0,7              ¦    0,5         ¦
+-------------+-----------------+-------------------+----------------¦
¦61-80        ¦  0,8            ¦  0,5              ¦                ¦
+-------------+-----------------+-------------------+----------------¦
¦81-100       ¦  0,6            ¦                   ¦                ¦
+-------------+-----------------+-------------------+----------------¦
¦Свыше 100    ¦  0,5            ¦                   ¦                ¦
+--------------------------------------------------------------------+

5. In the presence of several factors raising or lowering the cadastral (estimative) cost of the parcel of land, coefficients are multiplied.

The general amount of increase or lowering of cadastral (estimative) cost of the parcel of land for conducting agricultural production shall not exceed fifty percent from the base rates of payment established according to Item 1 of article 10 of this Code.

Article 12. The basic concepts used in this Code

In this Code the following basic concepts are used:

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 state registration of the rights to real estate in the place of its stay;

1-1) withdrawals - the action of state bodies directed to the termination at the private owner or the land user of the property right or the right of land use to the parcel of land according to the procedure and on the conditions provided by this Code and the laws of the Republic of Kazakhstan;

2) special land fund - the reserve lands formed at the expense of grounds of agricultural purpose, and also the parcels of land which are not used for designated purpose or used with violation of the law of the Republic of Kazakhstan, and lands which owners of conditional land shares and land users refused;

3) affiliirovanny person - the organization which is affiliated in relation to the non-state legal entity or recognized dependent joint-stock company;

3-1) gardening - type of activity, performed on the parcel of land for cultivation of crops and long-term wood and shrubby plantings;

4) primary land users - persons, the land use right by which it is acquired directly from the state according to the procedure, stipulated in Article 32 of this Code, or from other primary land users according to the procedure of alienation of this right;

4-1) border of estimative zones – border of part of the territory of settlements where correction coefficients to base rates of payment for the parcels of land provided by the state depending on the level of development of infrastructure are established;

4-2) truck farming - type of activity, performed on the parcel of land for cultivation of crops, except for long-term wood and shrubby plantings;

5) the unified state register of lands - the resulting document of accounting of the parcels of land as a part of the state land cadastre containing legal, identification, economic and other characteristics;

6) the right of temporary use by the parcel of land which is in private property - the right of the subject to own and use the parcel of land, evolving from the agreement on temporary use by the parcel of land between the owner of the parcel of land and the temporary user (the lessee or the non-paid user);

7) the earth - territorial space within which sovereignty of the Republic of Kazakhstan, natural resource, general means of production and territorial basis of any process of work is established;

8) the order right the earth - legally secure right of the state to determine legal destiny of the earth in the territory of the Republic of Kazakhstan, and also the right of the private owner to make the transactions which are not prohibited by the laws of the Republic of Kazakhstan concerning the parcel of land;

8-1) 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 encumbrances and servitudes on the parcels of land.

The structure and contents of the land management project are established based on regulatory legal acts according to the subitem 4) of Item 1 of article 14 of this Code;

9) decisions of local executive bodies - legal acts of local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, and also akims of the cities of district value, settlements, villages, rural districts about provision of the right to the parcel of land;

10) the rent for the earth - payment for temporary paid land use;

11) right of possession the earth - legally secure opportunity to perform the actual possession of the earth;

12) land cadastre - system of data on the earth, component of the state inventories;

12-1) land commission - the collegiate organ under local executive body created according to Article 43 of this 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;

13) 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 of area, city of republican value, the capital, area, city of regional value;

13-1) authorized body on control of use and protection of lands - the structural division of local executive bodies of area, city of republican value, the capital exercising the state control of use and protection of lands (further - authorized body on control of use and protection of lands);

14) object of land relations - all earth within the territory of the Republic of Kazakhstan, the separate parcels of land regardless of the fact that on them it is located, and from legal basis of their fixedness for certain subjects, and also the rights to the parcels of land and land shares;

15) land legal relationship - the legal relationship on use and protection of the earth connected with management of land resources, fixing of the parcels of land to certain subjects, implementation of the property right and other land rights;

16) subjects of land legal relationship - physical persons and legal entities, and also the states, being participants of land legal relationship and owing to it the having rights and the performing duties in this legal relationship;

17) the land use right - the right of person to own and use the parcel of land which is in state-owned property is termless (permanent land use) or during certain term (temporary land use) on paid and (or) non-paid basis;

18) land resources - the earth which is used or can be used in the course of economic and other activity for satisfaction of material, cultural and other requirements of society;

19) 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);

20) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

20-1) register of persons from whom the parcels of land are compulsorily withdrawn, - data set, fixed on the paper and (or) electronic media providing identification of physical persons and legal entities from which the parcels of land based on the judgment which took legal effect, according to Articles 92 and 93 of this Code are compulsorily withdrawn;

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

22) payment for sale of the right of lease of the parcel of land - lump sum payment for the parcel of land provided on the right of temporary paid land use (lease) which is in state-owned property;

23) the right of private property to the parcel of land - the right of citizens and non-state legal entities to own, use and dispose of the parcel of land belonging to them on the bases, conditions and in the limits set by this Code;

24) the title document on the parcel of land - the document confirming occurrence of dispositive facts (legal structures) based on which arise the rights to the parcel of land, including agreements, decisions of the courts, legal acts of executive bodies, the certificate on the right to inheritance, the transfer act or the separation balance sheet change or stop by reorganization of the non-state legal entities who are owning the parcel of land on the property right or redeemed the right of temporary paid land use (lease);

25) the identification document on the parcel of land - the document containing the identification characteristics of the parcel of land necessary for the purposes of maintaining land, legal and town-planning inventories;

26) pledge of the parcel of land or right of land use - the method of ensuring obligation fulfillment based on the agreement of pledge or based on the laws of the Republic of Kazakhstan owing to which the creditor (pawnbroker) has the right in case of non-execution by the debtor of the obligation provided with pledge to become widespread from the cost of the pledged parcel of land or the right of land use it is preferential before other creditors of person who belongs this parcel of land or the right of land use (pledger), behind the withdrawals established by the Civil code of the Republic of Kazakhstan;

27) unauthorized occupation of the parcel of land - occupation of others parcel of land without the permission of the owner of the parcel of land or the land user, and also occupation of the parcel of land which is in state-owned property and is not provided in land use without relevant decision of the Government of the Republic of Kazakhstan or local executive body;

27-1) land cadastral plan of the parcel of land (further - the land cadastral plan) - the document containing identification characteristics of the parcel of land provided for the purposes of construction within the settlement, necessary for the purposes of maintaining land, legal and town-planning inventories;

28) land share - quantitatively certain share together with other persons in the rights and obligations to the parcel of land which allocation can be made in cases and on the conditions established by this Code and other laws of the Republic of Kazakhstan;

29) immigration land fund - the parcels of land reserved for provision to oralmans and which are part of special land fund;

30) cadastral (estimative) cost - the estimated cost of the parcel of land applied in case of sale by the state of the parcel of land or right of lease to it, determined on the basis of the base rates of payment for the parcels of land which are periodically specified according to official statistical information on the general rate of inflation and correction coefficients to them;

31) secondary land users - persons who acquired the right of temporary land use on the basis of the agreement on secondary land use from primary land user reserving this status;

32) condominium - special pattern of ownership (other right) to the real estate in case of which separate parts of the real estate are in separate (individual) property (other right) of physical and (or) legal entities and those parts of the real estate which are not in separate property including the parcel of land, belong to them on the right of common ownership (other common law) and are not separable from the rights to parts of the real estate which is in separate (individual) property (other right);

32-1) automated information system of the state land cadastre - 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;

33) the state land users - the state republican and utility legal entities;

34) the state natural grants - the parcels of land provided on the right of temporary non-paid land use to the legal entity of the Republic of Kazakhstan for implementation of the investment project with the subsequent voluntary conveyance in property or land use according to the procedure established by this Code and the legislation of the Republic of Kazakhstan in the field of investments;

35) non-state land users are citizens and (or) non-state legal entities;

36) property right objects - the lands which are in the state-owned and private property;

37) personal subsidiary farm - type of activity for satisfaction of own needs on the parcel of land located in the rural zone and residential suburb;

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

39) soil layer - blanket of land of the earth, the special natural education having only to it inherent structure, structure and properties;

40) base rate of payment - the standard price of the parcel of land for determination of its cadastral (estimative) cost by provision by the state of the right of private property to the parcel of land or sale of the right of temporary paid land use (lease);

41) permanent land users - persons whose right of land use has termless character;

42) temporary land users - persons whose right of land use is limited to certain term;

43) national land users are the citizens of the Republic of Kazakhstan, legal entities created according to the legislation of the Republic of Kazakhstan;

43-1)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

44) conditional land share - quantitatively certain share of members of the liquidated or reorganized kolkhozes, employees of the state agricultural organizations transformed in non-state, and also the other persons specified in this Code according to which provision of the rights to the parcels of land which were earlier part of land use of the specified organizations is performed or other rights provided by this Code are exercised;

45) foreign land users are the foreigners, stateless persons, legal entities created according to the legislation of foreign states (foreign legal entities), foreign states, international associations and the organizations;

46) functional zone - the conditional zone including group of purposes of the parcels of land in settlements with the single mode of their use.

Chapter 2. Competence of state bodies in land relations

Article 13. Competence of the Government of the Republic of Kazakhstan

Are within the competence of the Government of the Republic of Kazakhstan in regulation of land relations:

1) development of the main directions of state policy in the field of use and protection of land fund of the Republic;

2) the subitem 2) of Article 13 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

3) provision and seizure of land, including for the state needs, from lands of all categories in the cases connected with creation and expansion of especially protected natural territories of republican value, accomplishment of the international obligations;

3-1) transfer of lands of especially protected natural territories to lands of inventory according to the offer of authorized state body in the field of especially protected natural territories and approval of its procedure;

4)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

4-1)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

4-2) establishment and change of borders (line) of the cities of republican value and capital;

5) approval of offers of local representative and executive bodies of area on change of borders of the cities of regional value, and also establishment and change of residential suburbs around the cities of regional value;

6) determination of procedure for reference of lands to especially protected natural territories;

7)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

7-1)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

7-2)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

8) it is excluded

9) regulation of land relations regarding provision of the lands which are in the territory of one (one) area, the city of republican value, the capital in long-term use another (another) to the area, the city of republican value, the capital;

10) 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 14. Competence of the central authorized body

1. Are within the competence of the central authorized body:

1) generalization of practice of application of the land legislation and its enhancement;

1-1) realization of state policy in the field of regulation of land relations;

1-2) implementation of coordination and methodical management of local executive bodies in the field of regulation of land relations;

2) development and introduction on approval into the Government of the Republic of Kazakhstan of projects of regulatory legal acts in the field of regulation of land relations;

2-1) development and approval of rules of rational use of lands of agricultural purpose in coordination with authorized state body in the field of development of agro-industrial complex;

2-2) development and approval of rules of reservation of lands;

2-3) development and approval of standard regulations on the land commission;

2-4) development and 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;

2-5) development and approval of rules of the organization and carrying out monitoring of use of the lands agricultural purpose provided for maintaining country or farm, agricultural production;

2-6) development and approval of rules of the organization and carrying out tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production;

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