ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2015 No. 290

About approval of Rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land, including in electronic form

According to Item 6 of Article 48 of the Land code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land, including in electronic form.

2. To provide to committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy 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) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of March 31, 2015 No. 290

Rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land, including in electronic form

Chapter 1. General provisions

1. These rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land, including in electronic form (further – Rules) are developed according to Item 6 of Article 48 of the Land code of the Republic of Kazakhstan of June 20, 2003 (further – the Land code) and determine procedure for the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land, including in electronic form, being in state-owned property and not provided in land use.

1-1. During action of the provisions of the law of the Republic of Kazakhstan of June 30, 2016 "About suspension of action of separate regulations of the Land code of the Republic of Kazakhstan and enforcement of the Law of the Republic of Kazakhstan of November 2, 2015 "About modification and amendments in the Land code of the Republic of Kazakhstan" (further - the Law) sale of land of agricultural purpose in private property to citizens and legal entities of the Republic of Kazakhstan is not allowed.

1-2. No. 366 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 03.09.2018

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

1) auction - the tendering form directed to sale of object of the biddings to physical persons and legal entities in case of which the main criterion of determination of the winning bidder is the price offered by participants;

2) the auctioneer - person holding auction;

3) the initial price - the price with which the biddings (tenders, auctions) on each object of the biddings begin;

4) minimum price - the price below which sale of object is not allowed.

Minimum price of object at the biddings (tenders, auctions) is established not below cadastral (estimative) cost, and in case of sale of the property right to the parcels of land of agricultural purpose it is not lower than the size of fifty percent from its cadastral (estimative) cost determined by The Governments for Citizens State corporation and approved by authorized body on land relations of area, the cities of republican value, the capital, area, city of regional value within their competence, the stipulated in Clause 14-1 Land code;

5) the parcel of land - the part of the earth fixed in the procedure established by the Land code behind subjects of land relations allocated in the closed borders;

6) 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;

7) tender - the tendering form directed to sale of object of the biddings to the physical persons and legal entities which offered the most advantageous conditions on its use;

8) the participant - the physical person or legal entity registered in accordance with the established procedure for participation in the biddings;

9) the electronic copy of the document - the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;

10) the state information system of permissions and notifications - the information system which is component of "the electronic government", intended for implementation in electronic form of licensing, allowing procedures regarding receipt of permission with assignment of identification number, the direction of the notification by the applicant and ensuring these processes;

11) the biddings - auction or competitive form of sale of objects of the biddings;

12) object of the biddings - the right of private property or the right of lease of the parcel of land;

13) the English method of the biddings - method of the biddings in case of which starting price raises with in advance announced step to the moment when there is one participant who offered top price;

14) the Dutch method of the biddings - method of the biddings in case of which starting price goes down with the announced step to the moment when one of participants agrees to purchase object at the announced price;

15) the seller - local executive body of area, city of republican value, the capital, area, city of regional value, according to item 4 of Article 48 of the Land code;

16) the buyer - the winning bidder (tenders, auctions) who signed the purchase and sale agreement with the seller;

17) authorized body - authorized body on land relations of area, city of republican value, the capital, area, city of regional value, within their competence, the stipulated in Clause 14-1 Land code;

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