On approval of public service standards in the field of land relations

Unofficial translation

Footnote. Abolished by order of the Minister of Agriculture of the Republic of Kazakhstan dated 01.10.2020 No. 301 (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication).

In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” as of April 15, 2013, I hereby ORDER:

1. To approve:

the public service standard “Decision-making on the provision of land plots for placing road service facilities on roadsides or facilities outside them, when an access road is required to approach them” in accordance with Appendix 1 to this order;

the public service standard “Sale in private ownership of a land plot earlier provided for land use” in accordance with Appendix 2 to this order;

the public service standard “Sale of a land plot in private ownership by installments” in accordance with Appendix 3 to this Order;

the public service standard “Conclusion of contracts for the sale of a land plot” in accordance with Appendix 4 to this order;

the public service standard “Conclusion of land lease agreements” in accordance with Appendix 5 to this order;

the public service standard “Enqueuing for a land plot” in accordance with Appendix 6 to this Order.

2. In accordance with the procedure established by the legislation, the Land Management Committee of the Ministry of Agriculture of the Republic of Kazakhstan shall:

1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days of the state registration of this order, send it in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

3) within ten calendar days of the state registration of this order, send its copy to print periodicals for its official publication;

4) place this order on the website of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

5) within ten working days of the state registration of this order, submit information on the implementation of measures, provided for in subparagraphs 1), 2), 3) and 4) of this paragraph, to the Legal Service Department of the Ministry of Agriculture of the Republic of Kazakhstan.

3. The control over the execution of this order shall be assigned to the supervising vice-minister of agriculture of the Republic of Kazakhstan.

4. This order shall take effect ten calendar days after its first official publication.

Deputy Prime-Minister of the Republic of Kazakhstan –
Minister of Agriculture of the Republic of Kazakhstan	U.Shukeev

"AGREED"

Ministry of Information and Communications of

the Republic of Kazakhstan

"AGREED"

Ministry of Industry and Infrastructure

Development of

the Republic of Kazakhstan

Appendix 1 to Order № 25 as of
January 24, 2019 of the Deputy
Prime Minister of the Republic of
Kazakhstan - Minister of
Agriculture of the Republic of
Kazakhstan

Public service standard
“Decision-making on the provision of land plots for placing road service facilities on roadsides
or facilities outside them, when an access road is required to approach them”
Chapter 1. General provisions

1. The public service “Decision-making on the provision of land plots for placing road service facilities on roadsides or facilities outside them, when an access road is required to approach them” (hereinafter referred to as the public service).

2. The public service standard (hereinafter referred to as the Standard) is developed by the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

3. The public service is provided by local executive bodies of regions, the cities of Astana, Almaty and Shymkent, districts, cities of regional significance (hereinafter referred to as the service provider).

Applications for the public service are accepted by and the results of its performance are received from:

1) the office of the service provider;

2) the “electronic government” web portal www.egov.kz (hereinafter referred to as the portal).

Chapter 2. The procedure for the public service’s provision

4. The time frames for the provision of the public service are as follows:

1) from the date of submission of the package of documents to the service provider and to the portal:

1 – stage: determination of the possibility to use the requested land plot for the declared intended purpose, preparation of the act of selection of a land plot, the land commission’s issue of an opinion - 23 (twenty-three) working days;

2 – stage: from the date of approval of the land management project, making a decision on granting the land use right to the land plot - 7 (seven) working days;

2) the maximum allowable waiting time for submitting a package of documents - 15 (fifteen) minutes;

3) the maximum allowable service time - 15 (fifteen) minutes.

5. The public service is provided either in electronic (fully automated) and (or) paper-based form.

6. The result of the public service’s provision is the service provider’s decision to grant the right to a land plot or a reasoned refusal to provide the public service on the grounds specified in paragraph 10 of this Standard.

The result of the public service’s provision is delivered either in electronic (fully automated) and (or) paper-based form.

The result of the public service’s provision on the portal is sent to the “personal account” of the service recipient in the form of an electronic document signed by the electronic digital signature (hereinafter referred to as EDS) of the authorized person of the service provider.

7. The state service is provided free of charge to individuals and legal entities (hereinafter referred to as the service recipient).

8. The work schedule of:

1) the service provider is Monday through Friday, from 09:00 to 18:30, lunch break 13:00-14:30, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan as of December 13, 2001 “On Holidays in the Republic of Kazakhstan” (hereinafter referred to as the Law on Holidays).

Applications are accepted and results of the public service’s provision are received between 09:00 and 17.30, lunch break 13:00-14:30.

The public service is provided at the location of the land plot on a first-come-first-served basis, without prior appointment and express service.

2) the portal – twenty-four hours, except for interruptions for technical reasons in connection with repairs (when the service recipient applies after working hours, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan and Article 5 of the Law on Holidays, applications are accepted and results of the public service’s provision are delivered the next working day).

9. The service recipient (or his/her attorney-in-fact), including persons with benefits, shall present one copy of:

to the service provider:

1 - stage:

1) an application for a land plot to place road service facilities on roadsides or facilities outside them, when an access road is required to approach them in accordance with the form in the Appendix to this Standard;

2) an identity document (required for identification);

3) the layout of the land plot;

4) approval of the National operator for road management regarding roads of national and international significance;

2-stage:

an approved land management project;

to the portal:

1-stage:

2) an electronic copy of the layout of the land plot;

3) an electronic copy of the approval of the National operator for road management regarding roads of national and international significance;

2-stage:

an electronic copy of the approved land management project.

It is not allowed to request service recipients to present documents that can be obtained from information systems.

The service provider receives information on identity documents, documents on registration (re-registration) of a legal entity, registration of an individual entrepreneur, or on the commencement of business as an individual entrepreneur, which confirm the right of ownership to immovable property, title documents and identification documents on a land plot, on the absence of encumbrances on the land plot from the relevant state information systems through the payment gateway of the “electronic government”.

The service provider obtains the service recipient’s consent to use the information, constituting a law-protected secret, contained in information systems, when providing public services, unless otherwise provided for by the laws of the Republic of Kazakhstan.

Upon the service recipient’s submission of all required documents:

to the service provider, the paper-based application’s acceptance is confirmed with the office’s registration mark on its copy indicating the date and time of the application’s receipt;

to the portal, the status of acceptance of the request for the public service’s provision, as well as a notification indicating the date and time of receipt of the result of the public service’s provision, is sent to the “personal account”.

10. The grounds for refusing to provide the public service are as follows:

1) inaccuracy in the documents submitted by the service recipient for receiving the public service, and (or) the data (information) contained therein;

2) there is a final and binding court decision regarding the service recipient, which deprives the service recipient of a special right related to the public service’s receipt;

3) inconsistency of the service recipient and (or) submitted materials, data and information required for the provision of the public service to the requirements established by part 2 of paragraph 1 and paragraph 6 of Article 24, part 6 of paragraph 3 and paragraph 6-1 of Article 43, part 2 of paragraph 6 of Article 49-2, paragraphs 2, 2-1 and 4 of Article 50 of the Land Code of the Republic of Kazakhstan as of June 20, 2003 and paragraphs 3 and 4 of Article 8 of the Law of the Republic of Kazakhstan “On Automobile Roads” as of July 17, 2001.

Chapter 3. The complaints procedure regarding decisions, actions (inaction) of the central state body, as well as the service provider and (or) its officials concerning the provision of public services

11. An appeal against decisions, actions (inaction) of the Ministry, as well as the service provider and (or) its officials regarding the provision of public services: a complaint shall be filed with the head of the service provider or the head of the Ministry on working days at the addresses specified in paragraph 14 of this Standard.

The complaint is submitted in writing by mail, through the portal or by hand through the office of the service provider or the Ministry.

The complaint’s acceptance is confirmed by its registration (stamp, incoming number and date) in the office of the service provider, the Ministry, with the indication of the name and initials of the person who accepted the complaint, the time and place to get a response to the complaint. The complaint is signed by an individual or a representative of a legal entity.

When applying through the portal, information on the complaints procedure can be obtained by calling the Single Contact Center 1414, 8 800 080 7777.

When sending a complaint through the portal to the service recipient from the “personal account”, one can avail of information about the application, which is updated during the service provider’s processing of the application (marks of delivery, registration, execution, response about consideration or refusal to consider).

The service recipient’s complaint received by the service provider, the Ministry is subject to consideration within five working days of its registration. A reasoned response about the results of the complaint’s consideration is sent to the service recipient by mail, through the portal or handed out by the office of the service provider, the Ministry.

In case of disagreement with the results of the provided public service, the service recipient may file a complaint with the authorized body for assessing and monitoring the quality of the provision of public services.

The service recipient’s complaint received by the authorized body for assessing and monitoring the quality of the provision of public services is subject to consideration within fifteen working days of its registration.

12. In cases of disagreement with the results of the provided public service, the service recipient shall apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements with account of the features of the provision of the public service, including that provided in electronic form

13. To provide the public service, it is necessary to provide conditions for service recipients while they wait and necessary documents are prepared (chairs for waiting, places for filling out documents equipped with stands with a list of necessary documents and samples for filling them out), fire safety measures shall be taken.

The service provider’s building shall have an entrance with ramps to enable access for people with disabilities.

14. Addresses of the places where public services are provided are posted on the website of the Ministry: www.moa.gov.kz, section “Public services”, subsection “Addresses of places for the public service’s provision”– “Local executive bodies”.

15. The service recipient can receive information about the procedure and status of the provision of the public service in remote access mode through the “personal account”, as well as the Single Contact Center.

16. Contact phone numbers of call centers for issues related to the provision of public services: 1414, 8 800 080 7777.

	Appendix to the public service
	standard “Decision-making on the provision of land plots for placing road service facilities on roadsides or facilities outside them, when an access road is required to approach them”
	Form

      To the akim of ___________________________________________________________________
      (region, city, district, village, rural settlement,
      rural district)
      (surname, name, patronymic
      (if any)
      from____________________________________________________________________________
      (surname, name, patronymic
      (if any) of an individual ____________________________________________________________
      or the full name of
      a legal entity)
      (individual identification number or business identification number)
      ________________________________________________________________________________an individual or representative of a legal entity, _________________________________________
      contact phone number
      (if any), address of ________________________________________________________________
      the place of business
      (for legal entities) or _______________________________________________________________
      residential address
      (for individuals))
      Application for the provision of a land plot for placing road service facilities on roadsides or facilities outside them, when an access road is required to approach them
      I hereby apply for the provision of a land plot located at ___________________________________
      ________________________________________________________________________________
      (address (location) of the land plot)
      the area ____________ hectare(s), for ________________________________________________,
      (intended purpose of the land plot)
_____________________________________, __________________________________________
      (indicate the type of the right) (presence (absence) of another
      land plot (in accordance with paragraph 2 of Article 50 of the Land Code
      of the Republic of Kazakhstan as of June 20, 2003)
      I consent to the use of data constituting a law-protected secret, which are
      contained in the information systems.
      Service recipient __________________________________________________________________
      (surname, name, patronymic (if any)
      ________________________________________________________________________________
      of an individual or authorized representative of a legal entity, signature)

Appendix 2 to Order № 25
as of January 24, 2019 of the Deputy Prime-Minister of
the Republic of Kazakhstan –
Minister of Agriculture of
the Republic of Kazakhstan

Public service standard
“Sale in private ownership of a land plot earlier provided for land use”

Chapter 1. General provisions

1. The public service “Sale in private ownership of a land plot earlier provided for land use” (hereinafter referred to as the public service).

2. The public service standard (hereinafter referred to as the Standard) is developed by the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

3. The public service is provided by local executive bodies of the regions, the cities of Nur-Sultan, Almaty and Shymkent, districts, cities of regional significance, towns of district significance, akim of a village, rural settlement, rural district (hereinafter referred to as the service provider).

An application for the public service is accepted by and the result of its performance is received from the office of the service provider.

Сноска. Пункт 3 в редакции приказа Министра сельского хозяйства РК от 27.09.2019 № 356 (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Chapter 2. The procedure for the public service’s provision

4. The time frames for the public service’s provision are as follows:

1) from the date of submission of the package of documents to the service provider - 15 (fifteen) working days;

2) the maximum allowable waiting time for submitting a package of documents - 15 (fifteen) minutes;

3) the maximum allowable service time - 15 (fifteen) minutes.

5. The public service is provided in paper-based form.

The result of the public service’s provision is delivered in paper-based form.

7. The state service is provided free of charge to individuals and legal entities (hereinafter referred to as the service recipient).

8. The work schedule of the service provider is Monday through Friday, from 09:00 to 18:30, lunch break 13:00-14:30, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan as of December 13, 2001 “On Holidays in the Republic Kazakhstan”.

Applications are accepted and results of the public service’s provision are received between 09:00 and 17.30, lunch break 13:00-14:30.

The public service is provided at the location of the land plot on a first-come-first-served basis, without prior appointment and express service.

9. The service recipient (or his/her attorney-in-fact), including persons with benefits, shall provide the service provider with one copy of:

1) an application for sale in private ownership of a land plot earlier provided for land use in accordance with the form in the Appendix to this Standard;

2) an identity document (for identification);

3) the act of cadastral (appraised) value of the land plot.

It is not allowed to request service recipients to present documents that can be obtained from information systems.

When the service recipient submits all required documents to the service provider, the paper-based application’s acceptance is confirmed with the office’s registration mark on its copy indicating the date and time of the application’s receipt.

10. The grounds for refusing to provide the public service are as follows:

1) inaccuracy in the documents submitted by the service recipient for receiving the public service, and (or) the data (information) contained therein;

2) there is a final and binding court decision regarding the service recipient, which deprives the service recipient of a special right related to the public service’s receipt;

The complaint is submitted in writing by mail, through the portal or by hand through the office of the service provider or the Ministry.

When applying through the portal, information on the complaints procedure can be obtained by calling the Single Contact Center 1414, 8 800 080 7777.

12. In cases of disagreement with the results of the provided public service, the service recipient shall apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements with account of the features of the provision of the public service

The service provider’s building shall have an entrance with ramps to enable access for people with disabilities.

14. Addresses of the places where the public service is provided are posted on the website of the Ministry: www.moa.gov.kz, section “Public services”, subsection “Addresses of places for the public service’s provision”– “Local executive bodies”.

16. Contact phone numbers of call centers for issues related to the provision of public services: 1414, 8 800 080 7777.

Appendix to the public service
standard “Sale in private
ownership of a land plot earlier
provided for land use”
Form

To the akim of ______________________________________________________________

(region, city, district, village, rural settlement,

rural district) _______________________________________________________________

(surname, name, patronymic (if any)

from ______________________________________________________________________

(surname, name, patronymic

(if any) of an individual _______________________________________________________

or the full name of a legal entity) _______________________________________________

(individual identification number or business identification number)

__________________________________________________________________________

(details of an identity document of _______________________________________________

an individual or representative of a legal entity, ____________________________________

contact phone number

(if any), address of ___________________________________________________________

the place of business

(for legal entities) or _________________________________________________________

residential address

(for individuals))

Application for the sale in private ownership of a land plot earlier provided for land use

I hereby apply for the right to private ownership of the land plot

earlier provided for land use located at ___________________________________________

__________________________________________________________________________

(address (location) of the land plot)

the area ____________ hectare (s), for __________________________________________.

(intended purpose of the land plot)

I consent to the use of data constituting a law-protected secret, which are

contained in the information systems.

Service recipient ____________________________________________________________

(surname, name, patronymic (if any)

__________________________________________________________________________

of an individual or authorized representative of a legal entity, signature)

Appendix 3 to Order № 25
as of January 24, 2019 of the
Deputy Prime-Minister of
the Republic of Kazakhstan –
Minister of Agriculture of the
Republic of Kazakhstan
Public service standard

“Sale of a land plot in private ownership by installments”

Chapter 1. General provisions

1. The public service “Sale of a land plot in private ownership by installments” (hereinafter referred to as the public service).

2. The public service standard (hereinafter referred to as the Standard) is developed by the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

3. The public service is provided by local executive bodies of the regions, the cities of Nur-Sultan, Almaty and Shymkent, districts, cities of regional significance, towns of district significance (hereinafter referred to as the service provider).

An application for the public service is accepted by and the result of its performance is received from the office of the service provider.Сноска. Пункт 3 в редакции приказа Министра сельского хозяйства РК от 27.09.2019 № 356 (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Chapter 2. The procedure for the public service’s provision

4. The time frames for the public service’s provision are as follows:

1) from the date of submission of the package of documents to the service provider - 15 (fifteen) working days;

2) the maximum allowable waiting time for submitting a package of documents - 15 (fifteen) minutes;

3) the maximum allowable service time - 15 (fifteen) minutes.

5. The public service is provided in paper-based form.

The result of the public service’s provision is delivered in paper-based form.

7. The state service is provided free of charge to individuals and legal entities (hereinafter referred to as the service recipient).

Applications are accepted and results of the public service’s provision are received between 09:00 and 17.30, lunch break 13:00-14:30.

The public service is provided at the location of the land plot on a first-come-first-served basis, without prior appointment and express service.

9. The service recipient (or his/her attorney-in-fact), including persons with benefits, shall provide the service provider with one copy of:

1) an application for sale of a land plot in private ownership by installments in accordance with the form in the Appendix to this Standard;