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The document ceased to be valid since  June 17, 2018 according to Item 2 of the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of May 5, 2018 No. 194

I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 15, 2015 No. 770

About approval of the Rules of identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan

According to item 4 of article 386 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) of PRIKAZYVAYU:

1. Approve the enclosed Rules of identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan.

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

Acting minister of national economy of the Republic of Kazakhstan

M. Kusainov

It is approved

Minister of Finance of the Republic of Kazakhstan

December 15, 2015

 

___________ Sultanov B.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 15, 2015, No. 770

Rules of identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan

1. General provisions

1. These rules of identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan (further - Rules) are developed according to item 4 of article 386 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (further - the Tax code) and determine procedure for identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan.

2. The basic concepts used in these rules:

1) authorized body on control of use and protection of lands - the structural division of local executive bodies of area, city of republican value, the capital exercising the state control of use and protection of lands;

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) body of state revenues - the state body which within the competence is performing ensuring receipts of taxes, customs payments and other obligatory payments in the budget, realization of customs affairs in the Republic of Kazakhstan, powers according to the prevention, identification, suppression, disclosure and investigation of the crimes and offenses carried by the laws of the Republic of Kazakhstan to maintaining this body, and also which is carrying out other powers, stipulated by the legislation the Republic of Kazakhstan;

4) registering body - the territorial authority of justice performing state registration of real estate in the place of its stay.

3. Identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the land legislation of the Republic of Kazakhstan is made as a result of implementation:

accounting of the parcels of land intended for construction of facilities according to Article 14-1 of the Land code of the Republic of Kazakhstan of June 20, 2003 (further - the Code);

monitoring of execution of terms, stipulated in Clause 92 Codes for development of the parcels of land intended for construction of facilities, their use in the corresponding purposes with observance of the land legislation of the Republic of Kazakhstan;

checks of owners (land users) of the parcels of land provided for construction of facilities regarding confirmation of the facts of use (non-use) of such sites in the corresponding purposes or uses with observance (violation) of the land legislation of the Republic of Kazakhstan.

2. Procedure for identification of the parcels of land intended for construction of facilities and which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan

4. Accounting of the parcels of land intended for construction of facilities according to article 14-1 of the Code is made by authorized body on land relations and performed by collection of land and cadastral and other information on the parcels of land intended for construction of facilities.

5. Monitoring of execution of terms, stipulated in Clause 92 Codes for development of the parcels of land intended for construction of facilities of their use in the corresponding purposes and with observance of the land legislation of the Republic of Kazakhstan is performed by authorized body on land relations by results:

the inventory count of lands which is carried out at the initiative of local executive body;

the comprehensive examination of lands conducted by the working group created by local executive body;

information analysis from the town-planning inventory about under construction (planned to construction) objects on the parcels of land allocated under construction;

monitoring under construction (planned to construction) objects and complexes (including with use of the official www.economy.gov.kz Internet resource);

receipts of information from the legal inventory on state registration of the rights to real estate, the parcel of land.

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