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The document ceased to be valid since  January 14, 2019 according to Item 2 of the Joint Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 11, 2018 No. 502, on December 11, 2018 No. 101 

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

of December 23, 2015 No. 784

About approval of criteria for evaluation of degree of risks and checking sheets of subjects of land relations behind use and protection of lands, geodetic and cartographic activities

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, I ORDER:

1. Approve:

1) criteria for evaluation of degree of risks of subjects of the land relations influencing land legal relationship and not being subjects of private entrepreneurship according to appendix 1 to this order;

2) criteria for evaluation of degree of risks behind use and protection of lands for the subjects influencing use of land resources according to appendix 2 to this order;

3) criteria for evaluation of degree of risks for subjects of geodetic and cartographic activities, according to appendix 3 to this order;

4) checking leaf behind use and protection of lands for subjects of the land relations influencing land legal relationship and not being subjects of private entrepreneurship according to appendix 4 to this order;

5) checking leaf behind use and protection of lands for the public institutions performing activities in the field of regulation of land relations according to appendix 5 to this order;

6) checking leaf behind use and protection of lands for the subjects influencing use of land resources according to appendix 6 to this order;

7) checking leaf behind geodetic and cartographic activities, according to appendix 7 to this order.

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:

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 the direction it the copy on official publication in periodic printing editions and information and legal the Ad_let system;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of June 23, 2015 No. 444 "About approval of criteria for evaluation of degree of risks and forms of checking sheets of subjects of land relations behind use and protection of lands, geodetic and cartographic activities" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 92397, published in information system of law of Ad_let on August 5, 2015).

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

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

Minister of national economy of the Republic of Kazakhstan 

E.Dosayev

It is approved

Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

2015

 

 

S. Aytpayeva

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 23, 2015 No. 784

Criteria for evaluation of degree of risks of subjects of the land relations influencing land legal relationship and not being subjects of private entrepreneurship

1. These criteria for evaluation of degree of risks of subjects of the land relations influencing land legal relationship and not being subjects of private entrepreneurship (further - Criteria) are developed according to the Land code of the Republic of Kazakhstan of June 20, 2003 and the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 for reference of subjects of control of use and protection of lands to degrees of risks.

2. In these Criteria the following concepts are used:

1) risk of the subject of land relations - probability of damnification to land resources, violations of the rights of owners to the earth and land users taking into account severity of its effects;

2) subjects of control of use and protection of lands - the public institutions performing activities in the field of regulation of land relations and not being subjects of private entrepreneurship;

3) gross violations - the violations of requirements of the land legislation influencing to legitimate interests of physical persons and legal entities, valuable interests of the state, expressed in violations of procedure for decision making and provision of the parcels of land or the right of lease of the parcels of land by local executive bodies, and also akims of the city of district value, the settlement, the village, rural districts, except for decision making terms;

4) considerable violations - the violations of requirements of the land legislation expressed in non-compliance with fixed terms of consideration of petitions (statements) with physical persons and legal entities, decision makings by local executive body about provision or about refusal in provision of the rights to the parcels of land, considerations and approvals of the land management project, the conclusion of the purchase and sale agreement or temporary paid (non-paid) land use and also non-compliance with requirements of rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land and procedure for transfer of agricultural holdings from one type in another;

5) insignificant violations - the violations of the land legislation expressed in non-compliance with requirements for provision of information on availability of the parcels of land for housing construction, special land fund, violation of terms of preparation of offers according to territorial zoning on possibility of use of the asked parcel of land on the declared purpose, non-compliance with the local executive body by structural division performing functions in the field of architecture and town planning of term of preparation of the act of the choice of the parcel of land with its situational scheme.

3. The subjects of control of use and protection of lands performing activities in the field of regulation of land relations are the local executive bodies, authorized bodies and structural divisions of local executive bodies performing functions in the field of architecture and town planning.

4. Determination of subjects of control on risk degrees is performed by objective and subjective criteria according to degree of risks.

5. By objective criteria subjects of control are divided into two risk groups:

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