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

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.

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

Chapter 1. General provisions

1. These rules of reservation of lands (further - Rules) are developed according to subitem 2-2) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan (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 the subitem 6) of Item 1, subitem 5-3) of Item 2 of Article 16, subitem 4-1) of Article 17 and subitem 4-1) of article 18 of the Code, reservation of lands is performed by local executive bodies of areas, cities of republican value, the capital, and within area borders - local executive bodies of areas (except areas in the cities), within borders (line) of the city and in the territory placed under administrative authority of local executive body of the city of regional value - local executive bodies of the cities of regional value (further - local executive body).

According to subitem 6-1) of Item 1 of article 16 of the Code, reservation of the parcels of land in the territory of settlements which enter agglomeration for the construction of facilities of social, transport and engineering infrastructure financed by local executive bodies of the capital, the cities of republican value is performed by local executive bodies of areas.

3. In these rules 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 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", ensuring rendering the state services electronically;

2) 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;

3) information system of the single State Immovable Property Cadastre - the information system containing data of land and legal inventories which procedure for maintaining is determined by the Code and the Law of the Republic of Kazakhstan "About state registration of the rights to real estate";

4) 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.

Chapter 2. Procedure for reservation of lands

4. 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, the conclusions about determination of the sphere of scope of environmental impact assessment, documents of System of state planning of the Republic of Kazakhstan, management programs by the state fund of subsoil and other documents approved in accordance with the established procedure which according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code about subsoil and subsurface use) are the bases for such reservation (further - state bodies), within fifteen working days from the date of approval of complex schemes of town-planning planning of the territories, master plans of settlements, projects (schemes) of passing of automobile and railway roads, the conclusions about determination of the sphere of scope of environmental impact assessment, documents of System of state planning of the Republic of Kazakhstan, management programs by the state fund of subsoil and other documents which according to the Code about subsoil and subsurface use are the bases for such reservation (further - Documents) notify authorized body on land relations of area, city 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 body on land relations of the data on the zarezerviruyemy parcels of land, and also their situational scheme locations from information system of the single State Immovable Property Cadastre.

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