LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2014 No. 225-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public administration

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; The Law of the Republic of Kazakhstan of June 10, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning innovative cluster the "Park of innovative technologies" published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 13, 2014; The law of the Republic of Kazakhstan of June 12, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the investment climate", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 13, 2014):

Table of contents to add 1) with headings of Articles 44-1 and 171 of the following content:

"Article 44-1. Provision of the parcel of land for asset construction within the settlement";

"Article 171. Transitional provisions";

Article 12 to add 2) with subitems 8-1) and 27-1) of the following content:

"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;";

"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;";

Item 1 of Article 14 to add 3) with subitem 7-2) of the following content:

"7-2) approval of the application form, the conclusions of the approving bodies, the act of the choice of the parcel of land, the land cadastral plan by provision of the parcels of land for construction of facilities within the settlement;";

4) in Article 14-1:

add Item 1 with the subitem 16) of the following content:

"16) approval of the land cadastral plan.";

add Item 2 with the subitem 21) of the following content:

"21) approval of the land cadastral plan.";

add Item 3 with the subitem 20) of the following content:

"20) approval of the land cadastral plan.";

5) in Article 43:

3) and 9) of Item 1 to state subitems in the following edition:

"3) the preliminary choice of the parcel of land (in case of purchase of the parcel of land for construction of facilities, except for construction of facilities within the settlement);";

"9) production and issue of the identification document on the parcel of land, except for the parcel of land intended for construction of facilities within the settlement.";

add with Item 1-1 of the following content:

"1-1. The procedure for provision of the right to the parcel of land in case of purchase of the parcel of land for construction of facilities within the settlement is regulated by Article 44-1 of this Code.

Features of provision of the parcels of land depending on purpose are determined according to Articles 44 and 45 of this Code.";

in Item 2:

third to state part in the following edition:

"The decision on refusal in provision of the parcel of land is made based on the negative conclusion of the commission within seven working days from the date of pronouncement of the conclusion of the commission.";

add with part four of the following content:

"The refusal in provision of the parcel of land shall be motivated.";

the seventh and eighth to state parts in the following edition:

"The decision of akims of the cities of district value, settlements, villages, rural districts on refusal in provision of the parcel of land is accepted based on the negative conclusion of the commission within seven working days from the date of pronouncement of the conclusion of the commission. The refusal in provision of the parcel of land shall be motivated.

The conclusion of the commission is constituted in duplicate in the form of the legal decision within five working days after the date of transmission by authorized body in the commission of the offer on possibility of use of the asked parcel of land on the declared purpose according to territorial zoning or provisions of the preliminary choice of the parcel of land (in case of purchase of the parcel of land for construction of facilities, except for construction of facilities within the settlement).";

parts the first, fourth and sixth Item 3 to state in the following edition:

"3. The physical persons and legal entities interested in provision of the property rights by it and (or) land use on the parcels of land submit the application to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, village, rural district in the location of the parcel of land which issue to the applicant the document confirming filing of application.";

"The statement for provision of the right to the parcel of land within three working days arrives in authorized bodies of areas, cities of republican value, the capital, areas, cities of regional value in the location of the parcel of land for determination of possibility of use of the asked parcel of land on the declared purpose according to territorial zoning.";

"In case of representation by the applicant of incomplete document package, necessary for decision making about provision or about refusal in provision of the right to the parcel of land, authorized bodies of areas, the cities of republican value, the capital, areas, cities of regional value in the location of the parcel of land within two working days from receipt date of the statement in the relevant authorized body give written motivated refusal to the applicant in consideration of the application.";

state item 4 in the following edition:

"4. The authorized body of area, city of republican value, the capital, area, city of regional value and structural divisions of the relevant local executive bodies performing functions in the field of architecture and town planning in the location of the parcel of land determine possibility of use of the asked parcel of land by the declared purpose according to territorial zoning.

The term of preparation of offers on possibility of use of the asked parcel of land on the declared purpose constitutes up to ten working days from the moment of receipt of the statement.";

exclude Item 5;

in Item 6:

in part one of the word "seven-day term after decision making" shall be replaced with words "within seven working days from the date of pronouncement of the conclusion of the commission";

in part two of the word "seven-day term from the moment of receipt" shall be replaced with words "within seven working days from the date of removal";

the seventh Item 7 to exclude part;

6) in Article 44:

state Item 1 in the following edition:

"1. In case of purchase of the parcel of land the choice of the parcel of land is made previously for asset construction. Results of the choice of the parcel of land for asset construction, and in necessary cases and for establishment its security or the sanitary protection zone are drawn up by the act of the choice of the parcel of land by authorized body of area, the city of republican value, the capital, the area, city of regional value jointly with the structural divisions of the relevant local executive bodies performing functions in the field of architecture and town planning in the location of the parcel of land.

The purchase of the parcel of land for construction of facilities within the settlement is performed according to Article 44-1 of this Code.

Local executive bodies of area, city of republican value, the capital, area, city of regional value, akims of the city of district value, the settlement, village, rural district shall provide strict observance of the approved master plans or schemes of placement of the territory of the settlement.";

exclude Item 8;

To add 7) with Article 44-1 of the following content:

"Article 44-1. Provision of the parcel of land for asset construction within the settlement

1. In case of purchase of the parcel of land for asset construction within the settlement which is in state-owned property, provision of the parcel of land is made in the following sequence:

1) acceptance to consideration of the application about provision of the appropriate right to the parcel of land;

2) preliminary choice of the parcel of land;

3) approval of the preliminary choice of the parcel of land by means of the state information systems or on papers in case of absence at the approving bodies of these systems;

4) creation of the land cadastral plan;

5) decision making by 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 about provision of the right of land use to the parcel of land with appendix of the land cadastral plan and specifications on connection to engineering networks;

6) conclusion of the provisional agreement (short-term, long-term) paid (non-paid) land use;

7) establishment of borders of the parcel of land on the area.

2. Provision of the parcel of land in land use for asset construction is performed by local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of the cities of district value, settlements, villages, rural districts within their competence established by this Code.

The redemption of the parcel of land provided in land use in private property is made after commissioning of the facility.

Local executive bodies in coordination with bodies of homeland security and territorial subdivisions of authorized body in the field of civil protection shall place information on the approved schemes of master plans, plans of the detailed layout, schemes of engineering communications of settlements on Internet resource and special information stands in the places available to the population, with frequency of updating of data quarterly.

In cases of provision of the parcel of land in areas where there are no engineering networks and constructions, terms of commissioning of the specified networks and constructions, and also points of connection to them are specified.

The specialized state enterprise keeping the state land cadastre shall publish on Internet resource land and cadastral schemes of the cities and areas with frequency of updating of data weekly.

Application forms, the conclusions of the approving bodies, the act of the choice of the parcel of land, the land cadastral plan affirm the central authorized body.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info