Unofficial translation
In accordance with paragraph 2 of Article 51 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003, I HEREBY ORDER:
1. To approve the attached Rules for reimbursement of losses and losses of forestry production.
2. The Committee for Forestry and Wildlife of the Ministry of Agriculture of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of registration of this order, its sending in the Kazakh and Russian languages to the Republican state enterprise on the basis of the right of economic management “Republican Legal Information Center” for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) within ten calendar days after the state registration of this order, sending its copy to official publication in periodicals;
4) placement of this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;
5) within ten working days after the state registration of this order, submission of information to the Department of Legal Services of the Ministry of Agriculture of the Republic of Kazakhstan on the implementation of measures provided for in subparagraphs 1), 2), 3) and 4) of this order.
3. The supervising vice minister of agriculture of the Republic of Kazakhstan shall be authorized to oversee the execution of this order.
4. This order shall come into force ten calendar days after the day of its first official publication.
| Minister of agriculture of the | |
| Republic of Kazakhstan | S. Omarov |
"AGREED"
Ministry of finance of the
Republic of Kazakhstan
"AGREED"
Ministry of national economy of the
Republic of Kazakhstan
| Approved by the order of the Minister of agriculture of the Republic of Kazakhstan dated May 20, 2019 № 203 |
Rules for reimbursement of losses and losses of forestry production
Chapter 1. General provisions
1. These Rules for reimbursement of losses and losses of forestry production (hereinafter referred to as the Rules) are developed in accordance with paragraph 2 of Article 51 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003 (hereinafter referred to as the Forest Code) and determine the procedure for reimbursement of losses and losses of forestry production.
2. Reimbursement of losses and losses of forestry production is carried out by individual and legal entities to which land plots are transferred, in accordance with the calculations made by the state forestry institution.
3. The following basic concepts are used in these Rules:
1) forest crops - artificially created stands of forest trees and shrubs;
2) state forestry institution (hereinafter - the forestry institution) - an institution established in the manner prescribed by the legislation of the Republic of Kazakhstan for the implementation of measures to protect the state forest fund, reproduce forests and afforestation, regulate the forest use;
3) type of forest - a set of sites with forest stands or stands, united by the uniformity of forest conditions, the similarity of origin, composition, ground cover and community of forestry activities;
4) an applicant - individual and legal entities in whose interests the transfer of lands of the state forest fund to lands of other categories is made for purposes not related to forestry, and (or) the withdrawal of lands of the state forest fund for state needs;
5) forest stand - a set of trees that are the main component of forest stands.
Chapter 2. Procedure for reimbursement of losses and losses of forestry production
4. An applicant in an arbitrary form at the location of the land plot submits an application to the forestry institution for reimbursement of losses and losses of forestry production when transferring the lands of the state forest fund to lands of other categories for purposes not related to forestry (hereinafter - the application).
Within 10 working days from the date of receipt of the application, the forestry institution calculates the reimbursement of losses and losses of forestry production when transferring the lands of the state forest fund to lands of other categories for purposes not related to forestry, certifies it with the seal and signature of the head in accordance with the appendixes 1, 2 and 3 to these Rules.
The calculations are made in duplicate; one copy of the calculations is handed to the applicant, the second copy remains in the forestry institution.
5. Calculation of reimbursement of losses for the category of lands of the state forest fund is made in the form in accordance with appendix 1 to these Rules on the basis of the standards for reimbursement of losses of forestry production caused by the withdrawal of forest lands for their use for the purposes not related to forestry and agriculture (hereinafter – the Standards), approved by the order of the acting Minister of Agriculture of the Republic of Kazakhstan dated February 25, 2015 No. 18-02 / 132 (registered in the Register of state registration of regulatory legal acts under No. 10613).
6. The forest type groups specified in the Standards are determined in accordance with appendix 1 to the Rules for forest cutting on the lands of the state forest fund, approved by the order of the Minister of Agriculture of the Republic of Kazakhstan dated June 30, 2015 No. 18-02 / 596 (registered in the Register of state registration of regulatory legal acts under No. 11894).
7. The calculation of reimbursement of losses of forestry production in the presence of forest crops is determined according to the form in accordance with appendix 2 to these Rules. These are the losses on creation (preparatory work, planting and care of forest crops) of forest crops.
8. The calculation of reimbursement of losses of forestry production at payment rates in the presence of wood is determined in accordance with paragraph 2 of Article 587 of the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget” (Tax Code), in the form according to appendix 3 to these Rules.
9. The amounts of losses calculated in accordance with appendix 1 to these Rules, and in the case of losses calculated in accordance with appendixes 2 and 3 to these Rules, are subject to reimbursement to the budget within six months from the date the decision is made to grant the right to a land plot or change the purpose of forest lands.
The applicant submits a copy of the confirmation of payment of reimbursement of losses and losses to the forestry institution.
| Appendix 1 to the Rules for reimbursement of losses and losses of forestry production Form |
Calculation of reimbursement of losses for the category of lands of the state forest fund
№ | Name of forest institution | Forestry | Forest type groups | Area, hectare | Amount per 1 hectare, thousand tenge | Amount, thousand tenge |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1 | ||||||
2 | ||||||
3 | ||||||
Total | ||||||
Signature of the head of the forestry institution
__________________________________________________________________________
(position, surname, name, patronymic (if any), signature)
Applicant's signature: _______________________________________________________
(position, surname, name, patronymic (if any)), signature
Date of preparation __________________ Stamp here
| Appendix 2 to the Rules for reimbursement of losses and losses of forestry production Form |
Calculation of reimbursement of losses of forestry production
in the presence of forest crops
№ | Name of works | Rationale | Amount in tenge / tiyin |
1 | 2 | 3 | 4 |
1 | |||
2 | |||
Total | |||
Signature of the head of the forestry institution
__________________________________________________________________________
(position, surname, name, patronymic (if any), signature)
Applicant's signature: ________________________________________________________
(position, surname, name, patronymic (if any)), signature)
Date of preparation __________________ Stamp here
| Appendix 3 to the Rules for reimbursement of losses and losses of forestry production Form |
Calculation of reimbursement of losses of forestry production at payment
rates in the presence of wood
№ | Name of tree and shrub species | Timber depending on the diameter of the trunk in the upper end, without bark, meter cubic / tenge | Firewood in the bark, meter cubic / tenge | Amount, thousand tenge | ||
large | middle | small | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1 | ||||||
2 | ||||||
3 | ||||||
Total | ||||||
Signature of the head of the forestry institution
__________________________________________________________________________
(position, surname, name, patronymic (if any), signature)
Applicant's signature: ________________________________________________________
(position, surname, name, patronymic (if any)), signature)
Date of preparation __________________ Stamp here