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

of February 28, 2015 No. 178

About approval of Rules of reservation of lands

(as amended of the Order of the Minister of national economy of the Republic of Kazakhstan of 22.12.2015 No. 782)

According to subitem 2-2) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan, I ORDER:

1. Approve the enclosed Rules of reservation of lands.

2. To provide to development department of infrastructure of economy 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 in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and 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.

Minister

E.Dosayev

It is approved

Minister of Finance of the Republic of Kazakhstan

May 14, 2015

 

_________________ B. Sultanov

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2015 No. 178

Rules of reservation of lands

1. General provisions

1. These rules are developed according to subitem 2-2) of Item 1 of Article 14 and with Article 49-2 of the Land code of the Republic of Kazakhstan of June 20, 2003 (further - the Code) and determine procedure for reservation of lands, except cases of reservation of the parcels of land intended for creation and expansion of especially protected natural territories of republican and local value.

2. According to articles 16-18 of the Code the decision on reservation of lands is made by local executive bodies of areas, cities of republican value, the capital, and in borders of settlements, except for the cities of republican value, the capital, - local executive bodies of areas, cities of regional value (further - local executive body).

3. The basic concepts used in these rules:

1) authorized bodies on land relations - the structural divisions of local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value performing functions in the field of land relations;

2) 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 according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically;

3) the state land cadastre - system of data on natural and economic provision of the lands of the Republic of Kazakhstan, location, target use, the sizes and borders of the parcels of land, their quality characteristic, about accounting of land use and cadastral cost of the parcels of land, other necessary data;

4) state bodies - state bodies which competence includes implementation of the complex schemes of town-planning planning of the territories, master plans of settlements, projects (schemes) of passing of automobile and railway roads, documents of System of state planning of the Republic of Kazakhstan approved in accordance with the established procedure.

2. Procedure for reservation of lands

4. State bodies within fifteen working days from the date of acceptance or the introduction in legal force of the approved complex schemes of town-planning planning of the territories, master plans of settlements, projects (schemes) of passing of automobile and railway roads, documents of System of state planning of the Republic of Kazakhstan (further - Documents) notify authorized bodies on land relations of areas, cities of republican value and the capital in the location specified in them, the parcels of land for their further reservation.

5. Authorized bodies on land relations of areas, cities of republican value and the capital consider Documents and in case of finding of the zarezerviruyemy parcels of land in borders of settlements, except, the cities of republican value and the capital within two working days from the date of receipt of the notification send it to authorized bodies on land relations of areas, cities of regional value.

6. Authorized bodies on land relations within two working days from the date of receipt of the notification sends its copy to the State corporation for receipt of the land cadastral information.

7. The state corporation within five working days represents to authorized bodies on land relations of the data on the zarezerviruyemy parcels of land, and also their situational scheme locations from base of the automated information system of the state land cadastre.

8. Authorized bodies on land relations within five working days after receipt of the land cadastral information on the basis of the available and received data are prepared by the offer on reservation of lands and sends it to state bodies which direct the notification for review.

In the offer on reservation of lands the following data are specified:

1) location of zarezerviruyemy lands, their total area, explication;

2) purposes and terms of reservation;

3) about owners, land users and owners of servitudes which sites are in the territory of zarezerviruyemy lands, (in case of their availability);

4) about adjacent owners and land users;

5) situational scheme.

9. State bodies within three working days from the date of receipt of the offer on reservation represent to authorized bodies on land relations the conclusion about consent (in any form) (further - the Conclusion).

10. In case of the consent of state bodies with the offer on reservation authorized bodies on land relations within three working days from the date of receipt of the Conclusion send it in local executive body for consideration.

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