Procedures for obtaining a land plot

Land Code of the Republic of Kazakhstan

Non-official translation

Code of the Republic of Kazakhstan dated 20 June, 2003 No.442

Unofficial translation

      Footnote. Throughout the whole text of the Code:
      the words “returnees (oralmans)” are substituted by the word “oralmans” by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 276;
      the words “necessity”, “peasant (farm) enterprise” are respectively substituted by the words “needs”, “peasant or farm enterprise” by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279;
      the words “documents of title”, “document of title” are respectively substituted by the words “identification documents”, “identification document” by the Law of the Republic of Kazakhstan dated 26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after its first official publication);
      the words “(city of republican significance, the capital), districts (cities of oblast subordinance)”, “(city of republican significance, the capital), district (city of oblast subordinance”, “oblast (city of republican significance, the capital)”, “oblasts (city of republican significance, the capital)”, “(cities of oblast subordinance”, “(city of oblast subordinance)” are respectively substituted by the words “cities of republican significance, the capital, districts, cities of oblast subordinance”, “city of republican significance, the capital, district, city of oblast subordinance”, “oblast, city of republican significance, the capital”, “oblasts, cities of republican significance, the capital”, “cities of oblast subordinance”, “city of oblast subordinance” by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Throughout the whole text the words “aul (village)”, “auls (villages)”, auls, villages” are respectively substituted by the words “village”, “villages” by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

   Section I. Basic provisions

   Chapter 1. General provisions

      Article 1. Land fund of the Republic of Kazakhstan

      1. In accordance with the designation, the land fund of the Republic of Kazakhstan shall be divided into the following categories:
      1) agricultural lands;
      2) lands of inhabited localities (cities, rural settlements and rural-type settlements);
      3) lands for industry, transport, communication, needs of space activities, defence, national security and other non-agricultural purposes;
      4) specially protected natural areas, lands of health-improving, recreative and historical-cultural destination;
      5) forest fund lands;
      6) water fund lands;
      7) reserved lands;
      2. The lands, mentioned in paragraph 1 of this Article shall be used in accordance with established designation. Legal regime of lands shall be determined proceeding from their belongings to one or another category and permitted use in accordance with zoning of lands (territory).
      3.The following zones shall be distinguished on natural environments in the territory of the Republic of Kazakhstan:
      1) forest-steppe;
      2) steppe;
      3) dry-steppe;
      4) semi-desert;
      5) desert;
      6) submontane and desert and steppe;
      7) subtropical and desert;
      8) subtropical and submontane and desert;
      9) central Asian mountainous;
      10) South-Siberian mountainous.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 2. Rating of lands in categories, their transfer from one category to another

      Rating of lands in categories, mentioned in Article 1 of this Code, as well as transfer of lands from one category to another, linked with change of their designation shall be performed by the Government of the Republic of Kazakhstan, local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance within their competence upon provision and seizure of land plots, including for the state requirements, established by this Code or other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 115 (the order of enforcement see Article 2 of the Law No.116); dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 3. Land ownership

      Land in the Republic of Kazakhstan shall be in the state ownership. As well, land plots may be in the private ownership on the grounds, conditions and within the ambit established by this Code.

      Article 4. Principles of land legislation

      Land legislation of the Republic of Kazakhstan shall be based on the following principles:
      1) integrity, inviolability and inalienability of the territory of the Republic of Kazakhstan;
      2) preservation of the land as a natural resource, living and activity bases of the people of the Republic of Kazakhstan;
      3) protection and rational use of lands;
      4) safety ecologic provision;
      5) intended land use;
      6) priority of agricultural lands;
      7) provision of information about lands condition and its accessibility;
      8) state support of the activities for use and protection of lands;
      9) prevention of endamagement to the land or removal of its consequences;
      10) serviceability for land use.

      Article 5. Objectives of land legislation

      Objectives of the land legislation of the Republic of Kazakhstan shall be: establishment of the bases, conditions and limits for the origin, modification and termination of land title and land use right, procedure for the exercise of the rights and obligations of land plots’ owners and land users; regulation of land relations in order to provide the rational use and protection of lands, soil fertility recovery, preservation and improvement of the natural environment; arrangement of conditions for equal development of all the forms of husbandry; protection of the rights to land of individuals and legal entities and the state; creation and development of the property market; consolidation of legality in the field of land relations.

      Article 6. Land legislation

      1. Land legislation in the Republic of Kazakhstan shall be based on the Constitution of the Republic of Kazakhstan and consist of this Code and regulatory legal acts of the Republic of Kazakhstan adopting in accordance with this Code.
      2. Relations on use and protection of mineral resources, water, natural air, forests and other vegetation, animal world, objects of environment that have a special ecological, scientific and cultural value, specially protected natural areas shall be regulated by the special legislation of the Republic of Kazakhstan.
      3. Exercise of rights by the subjects of land relations belonged to them shall not harm the land as a natural resource and other objects of environment, as well as the rights and legal interests of other persons.
      4. Property relations on possession, use and disposal of land plots, as well as on consummation of transactions with them shall be regulated by the civil legislation of the Republic of Kazakhstan unless otherwise provided by the land, environmental, forestry, water legislations of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on subsurface resources, on plant and animal life, on specially protected natural areas of the Republic of Kazakhstan.
      5. Rights of individuals and legal entities established by the Laws may not be restricted by the acts of state bodies.
      6. Foreign persons, stateless persons and foreign legal entities shall use the rights and incur obligations in land legal relations on an equal basis with citizens and legal entities of the Republic of Kazakhstan unless otherwise provided by this Code or other legislative acts of the Republic of Kazakhstan.
      7. Land use right of other states in the territory of the Republic of Kazakhstan shall be originated in accordance with international treaties, ratified by the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 9 January, 2007 No. 213 (the order of enforcement see Article 2).

      Article 7. International treaties

      If an international treaty, ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, the rules of mentioned treaties shall be applied. International treaties, ratified by the Republic of Kazakhstan shall be applied directly to land relations, except the cases when it follows from the international treaty that the application requires the issuance of legislative act.

      Article 8. Land zoning

      1. Zoning – determination of land areas with establishment of their designation and use regime.
      1-1. Land zoning in inhabited localities shall be conducted in order to establish the borders of evaluative zones and evaluating factors to the base rates of fees for land plots.
      2. Organization of land zoning on the levels of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance shall be carried out by the relevant authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance. Draft (diagram) of land zoning shall be approved by the relevant representative bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance.
      3.Is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).
       4. Purposeful regime of use of the territory, determined upon land zoning shall be obligatory for the subjects of land legal relations.
      5. Land zoning shall be conducted by decision of local executive bodies and shall be carried out at the expense of budget funds.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 9. Payments for land

      1. Land plots being in ownership, permanent land use or primary free temporary land use shall be levied by land taxes in accordance with the tax legislation of the Republic of Kazakhstan.
      2. Fee for use of land plots provided for temporary compensated land use (lease) by the state shall be charged.
      Procedure for calculating and payment to the budget income of fee for land use shall be determined in accordance with the tax legislation of the Republic of Kazakhstan.
      Upon provision of the land plot in the territory of the Republic of Kazakhstan to the other states on lease, the amount of fee for land use shall be determined by international treaties, ratified by the Republic of Kazakhstan.
      3. Sale of land plots from the state property to the private ownership on a remuneration basis shall be carried out in a lump sum or by installment by decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district within its competence on provision of land plots, with the exception of cases when the land plot shall be provided in the ownership without compensation to:
      1) citizens of the Republic of Kazakhstan – owners of housing units as an ideal share in the objects of condominiums;
      2) citizens of the Republic of Kazakhstan for personal subsidiary husbandry, gardening, personal housing and suburban construction in accordance with paragraph 2 of Article 50 of this Code;
      2-1) scientific centers with international participation, determined in the manner, established by the Government of the Republic of Kazakhstan;
      2-2) domestic industrial enterprises, the list and selection criterions for short listing of which shall be determined by the Government of the Republic of Kazakhstan;
      2-3) subjects of small business for objects transferred to them in accordance with subparagraph 5) of the first part of paragraph 2 of Article 19 of the Law of the Republic of Kazakhstan “On private enterprise”;
      3) in other cases provided by this Code and legislative acts of the Republic of Kazakhstan.
      Fee for the compensated granting (sale) of the right of private ownership to land plot (hereinafter – land fee) or right of temporary compensated land use (lease) (hereinafter – fee for sale of leasehold) shall be calculated on the basis of cadastral (assessed) value calculated on the base rates of the fee for land plots with the application of evaluating factors.
      4. Funds received from the sale of land plots of the agricultural status by the state to the private ownership shall be included to the National Fund and shall be used in the manner prescribed by the legislation of the Republic of Kazakhstan.
      5. In change of designation of the land plot, with the exception of the land plot provided with the condition established by paragraph 6 of Article 44 of this Code for construction of objects, provided by the comprehensive plan of the inhabited locality, provided without compensation for personal subsidiary husbandry, gardening, personal housing and suburban construction management and other purposes, in which this Code provides paid grant of land plot, the owner of the land plot shall be obliged to pay the sum equal to the cadastral (assessed) value of the land plot to the budget income provided by the legislation of the Republic of Kazakhstan for the changed designation.
      In the exceptional instance provided by the first part of this paragraph, the local executive body in the change of designation of the land plot shall coordinate with the cadastral (assessed) value of the land plot unliable to be paid to the budget with the local representative body at place of location of the land plot.
      In change of the designation, with the exception of the lands appropriated for the state requirements, agricultural land plot, as well as agricultural use within the bounds of inhabited locality for the use with the aims not linked with the management of agricultural economy and forestry, the owner of the specified land plot shall be obliged to pay a sum to the budget equal to the difference between cadastral (assessed) value provided by the legislation of the Republic of Kazakhstan for the changed designation, and price at which the land plot was previously purchased from the state.
      6. Land plots and land use right in the form of the state land grant shall be granted to a legal person of the Republic of Kazakhstan carrying out the investment project in accordance with this Code and investment legislation of the Republic of Kazakhstan.
      Decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance about the provision of the land plot in capacity of the land grant shall be adopted within its competence upon provision of the land plots on the basis of decision of authorized investments body.
      7. Upon selling or leasing of the land plot by the owner, selling of the land use right to other persons by the non-state land user, as well as in leasing of the land plot by him to the secondary land users, the amount, terms and payment forms for land plots shall be established by the buy and sell agreement or contract of tenancy in accordance with the civil legislation of the Republic of Kazakhstan.
      8. Land plot may be provided to be paid by the charter the capital (property) of the social-entrepreneurial corporations having a status of the national company, at a price calculated on cadastral (assessed) value of the land plot.
      By this, registration of the land plot to the ownership of social-entrepreneurial corporations having a status of the national company shall be performed after the state registration of pronounced stock issues.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 04.05.2005 No. 48; dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 05.07.2006 No. 162 (shall be enforced from the date of its first official publication); by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 13.02.2009 No. 135-IV (the order of enforcement see Article 3); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten days from the date of its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 10. Base rates of payment for land plots and cadastral (assessed) value of a land plot

      1. Base rates of payments for agricultural land plots at their provision to the private ownership, leasing by the state or state land users, the amount of fee for sale of leasehold and amount of fee for establishment of the private easement on land plots in the state ownership and not granted to land use, shall be established by the Government of the Republic of Kazakhstan.
      Base rates of payments for land plots at their provision to the private ownership in administrative center of oblast, cities of republican significance, the capital, cities of oblast and district subordinance, rural settlements and rural-type settlements shall be established by the joint decisions of representative and executive bodies of oblasts, cities of republican significance, the capital depending on local conditions and specifics.
      By this, rates of payment for land use shall be established at least equal to the amount of rates of land tax.
      Fee for sale of lease right shall be established on a case from cadastral (assessed) value of a specific land plot.
      2. Cadastral (assessed) value of a specific land plot shall be established by the state specialized enterprises leading the state land cadastre in accordance with the base rates of payments for land plots granted to the private ownership for a fee or on lease by the state with the application of evaluating (multiplying or decreasing) factors and shall be executed by the act of determining the cadastral (assessed) value of the land plot, approved within three business days by the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance within the competence of local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance upon grant of land plots.
      Base rates of payments for land plots granted to the private ownership in inhabited localities (rural settlements and rural-type settlements) located in suburban zones of Astana, cities of republican significance, regional centers and resort zone shall be increased twofold.
      3. Cadastral (assessed) value of the additional land plots granted to citizens of the Republic of Kazakhstan to the private ownership for personal subsidiary husbandry, gardening, personal housing and suburban construction management beyond the established standards of free transfer shall be determined based on the base rates of payments for land plots of rural-type settlements which are the nearest to the assessable plots.
      4. On land plots located beyond the boundaries of inhabited localities granted to the citizens and non-state legal entities for building construction or built-up by buildings (constructions, installations) and their complexes, including lands intended for janitorial service (constructions, installations) in accordance with their purposes, with the exception of lands mentioned in paragraph 4-1 of this Article, the cadastral (assessed) value shall be determined based on amount of ten percent from base rates of payments for land plots granted for stated purposes in cities of oblast subordinance.
      4-1. On land plots located beyond the boundaries of inhabited localities granted for management of peasant or agrarian economy and agricultural production for built-up buildings (constructions, installations) needed for functioning of agricultural economy according to Article 97 of this Code, including lands intended for their service, the cadastral (assessed) value shall be determined based on amount of base rates of payments for land plots at their provision to private ownership for agricultural purposes.
      5. In determining of cadastral (assessed) value of land plots mentioned in paragraphs 3 and 4 of this Article, the evaluating factors shall be applied for the remoteness of these land plots from the centers of service sector in accordance with subparagraph 3) of paragraph 4 of Article 11 of this Code.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06 June, 2007 No. 279; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 11. Evaluating factors to base rates of payments for land plots

      1. Boundaries of evaluation zones and evaluating factors to the base rates of payments for land plots in cities of district subordinance, rural settlements and rural-type settlements shall be approved by the decision of district representative body on the suggestion of local executive body of district, and in cities of oblast subordinance, cities of republican significance, the capital – by the representative body of oblast, city of republican significance, the capital on the suggestion of local executive body of oblast, city of republican significance, the capital.
      By this, the ceiling (maximum) amount of multiplying or decreasing factor shall not exceed twofold size.
      2. In determining of cadastral (assessed) value of land plots granted by the state for agricultural production conducting, the evaluating factors (multiplying or decreasing) shall be applied depending on quality of land plot, its location, water supply, remoteness from the service center.
      3. The quality of land plots by types of farm lands and soil shall be established on the basis of land and cadastral maps, materials of soil, geobotanical, soil and reclamation and other surveys:
      1) for determining of value of the land plot used as a part of arable land, depending on its reclamation condition and ground slope, the following evaluating factors shall be applied:
      reclamation condition of lands:
      good (non-saline and non- alkali, non-stony, non-eroded soils; cover thickness of subsoil waters: fresh – more than 3 m., mineralized – more than 6 m.) – 1,2;
      satisfactory (soils are subsaline, weakly solonetzic, slightly stony, weakly eroded; cover thickness of low-salt subsoil waters 3-6 m.) – 0.9;
      unsatisfactory (soils are moderately and severely saline, moderately and strongly solonetzic, stony, moderately and severely eroded; cover thickness of subsoil waters with salinity level more than 1 g/L – less than 3 m.) – 0,6;
      ground slope:
      to 1 degree – 1; from 1 to 3 degrees – 0,98; from 3 to 5 degrees – 0,96; from 5 to 7 degrees – 0,93; more than 7 degrees – 0,86;
      2) for determination of the value of land plots used as a part of the natural forage lands (hay lands, pastures) depending on their quality and ground slope of the field the following evaluating factors shall be applied:
      advanced hay and pastures:
      reclamations; with complementary seeding of perennial grasses – 1,2;
      simplificated improvement without change of species composition of plant cover – 1,1;
      condition of lands occupied by hay lands:
      good (land plot is clean, non-bushy, unforested, non-stony with well-defined characteristics of zonal vegetation) – 1,2;
      satisfactory (land plot is weeded, bushy, forested, stony with breaches of zonal structure of plant cover. Indicated features are revealed on the area to 40 percent of the territory) – 0,9;
      unsatisfactory (land plot is weeded, bushy, forested, stony with a breach of zonal structure of plant cover. Indicated features are revealed on the area over 40 percent of the territory) – 0,7;
      ground slope:
      to 3 degrees – 1; from 3,1 to 6 degrees – 0,95; from 6,1 to 10 degrees – 0,9; from 10,1 to 20 degrees – 0,85; more than 20 degrees – 0,5;
      condition of lands occupied by pastures:
      good ( land plot is clean, non-bushy (by ungrazed shrubs), unforested, nonstony with well-defined characteristics of zonal vegetation) – 1,2;
      satisfactory (land plot is weeded, bushy (by ungrazed shrubs), forested, stony with a breach of zonal structure of plant cover, with existence of overgrazed pastures, denuded external solonchaks, sodic soils, takyrs. Indicated features are revealed on the area to 40 percent of the territory) – 0,9;
      unsatisfactory (land plot is weeded, bushy (by ungrazed shrubs), forested, stony with breaches of zonal structure of plant cover, with existence of overgrazed pastures, denuded external solonchaks, sodic soils, takyrs. Indicated features are revealed on the area to 40 percent of the territory) – 0,6;
      ground slope:
      to 12 degrees – 1; from 13 to 20 degrees – 0,8; over 20 degrees – 0,6.
      4. For determination of the value of land plots depending on watering of the land plot, its location in reference to economic center, remoteness of the land plot from the service sector, the following evaluating factors shall be applied:
      1) watering (water supply) of the land plot:
      waterlogged – 1,2; unwatered – 0,8;
      2) location area of the land plot in reference to economic center, in kilometers:
      to 5 – 1,2; from 5 to 10 – 1; from 10 to 20 – 0,9; from 20 to 30 – 0,8; over 30 – 0,7;
      3) remoteness of the land plot from service sector depending on the quality of roads:

Distance, km

Hard surfaces road

Crushed rock road

Unmet ailed road

to 20

21-40

41-60

61-80

81-100

Over 100

1,4

1,2

1,0

0,8

0,6

0,5

1,1

0,9

0,7

0,5

0,7

0,6

0,5

      5. In existence of several factors increasing or decreasing the cadastral (assessed) value of the land plot, the factors shall be multiplied.
      Total size of increase or decrease of cadastral (assessed) value of the land plot for agricultural production conducting shall not exceed fifty percent from the base rates of payments established in accordance with paragraph 1 of Article 10 of this Code.
      Footnote. Article 11 as amended by the Laws dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days from its first official publication).

      Article 12. Basic definitions used in the Code

      The following basic definitions shall be used in this Code:
      1) seizure – action of state bodies directed to terminate the right of ownership or land use right of the land plot from private owner or land user in a manner and in terms provided by this Code and Laws of the Republic of Kazakhstan;
      2) special land fund – reserve lands formed due to the farm lands, as well as land plots not used for their intended purpose or used with a breach of the legislation of the Republic of Kazakhstan, and lands abandoned by the owners of conditional land shares and land users;
      3) affiliated person – affiliated organization in reference to non-state legal person or recognized as dependent joint-stock society;
      4) primary land users – persons whose land use right is gained directly from the state in the manner provided by Article 32 of this Code, or from other primary land users in the procedure of alienation of this right;
      4-1) boundary of evaluation zones – border of part of inhabited locations territory where the evaluating factors shall be established to the base rates of payment for land plots granted by the state depending on infrastructure level;
      5) united state land register – outcome document of registration of land plots as a part of the state land cadastre, containing legal, identity, economic and other characteristics;
      6) right of temporary use of land plot which is in the private ownership, – right of subject to own and use the land plot arising on the basis of agreement of temporary use of the land plot between owner of the land plot and temporary user (land tenant or free user);
      7) land – territorial space within which the sovereignty of the Republic of Kazakhstan, natural resource, all common production means and territorial basis of any labour process shall be established;
      8) right to dispose of land – legally provided right of the state to determine the legal fate of the land in the territory of the Republic of Kazakhstan, as well as right of the private ownership to make transactions not prohibited by the Laws of the Republic of Kazakhstan;
      9) decisions of the local executive bodies – legal act of local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance, as well as akims of cities of district subordinance, rural settlements, auls, villages, rural districts on granting of the right to land plot;
      10) lease payment for land – payment for temporary land use for a fee;
      11) right to possession of land – legally provided opportunity to perform the factual possession of land;
      12) land cadastre – system of information of land, component of the state cadastres;
      13) authorized body on land relations – structural subdivision of local executive bodies of oblast, the capital, district, city of oblast subordinance exercising functions in the field of land relations (hereinafter – authorized body of oblast, city of republican significance, district, city of oblast subordinance);
      14) object of land relations – land within the territory of the Republic of Kazakhstan, separate land plots independently from what is located on them, and from legal foundations of assignment of separate subjects, as well as right of land plots and land shares;
      15) land legal relations – legal relations for use and protection of lands linked with land management, assignment of land plots to the separate subjects, exercise of right of ownership and other rights of land;
      16) subjects of land legal relations – physical and legal entities, as well as states which are the participants of land legal relations and thereby having rights and obligations in this legal relation;
      17) land use right – right of the person to possess and use a land plot which is in the state ownership with no fixed term (permanent land use) or within specified time (temporary land use) for a fee and (or) without compensation;
      18) land resources – land which shall or may be used in the course of economic or other activity for satisfaction of material, cultural and other needs of society;
      19) central authorized body on land management – state body performing the regulation in the field of the land relations (hereinafter – central authorized body);
      20) classifier of designation of the land plots – grouping of the types of permitted use of land plots by type and kind of functional purpose (use) of the plot territory and buildings and installations (premises) in accordance with zoning of the territory;
      21) land plot – allocated part of land in contour boundaries assigned in the manner prescribed by this Code to the subjects of land relations;
      22) fee for selling the leasehold of land plot – lump-sum payment for granted on the basis of right of temporary land use (lease) land plot for a fee, which is in the state ownership;
      23) right of private ownership for a land plot – right of citizens and non-state legal entities to possess, use and dispose of land plots belonged to them on the basis, conditions and within the ambits established by this Code;
      24) land title document – document confirming approach of legal facts (legal composition) on the basis of which the right of land plot shall be arising, changed or terminated, including agreements, court judgements, legal acts of executive bodies, heirship certificate, transfer act or division balance sheet upon insolvent reorganization of non-state legal entities having in possession the land plot on the basis of right of ownership or ransomed a right of temporary land use (lease) for a fee;
      25) identity number for land plot – document containing identifying characteristics of the land plot essential for the purpose of land, legal and town-planning cadastres conducting;
      26) pledge of land plot or land use right – based on agreement of the pledge or under the Laws of the Republic of Kazakhstan the method of ensuring performance of obligations in which the creditor (pledgeholder) in case of secured obligation default by debtor shall have the right to find fulfillment from the cost of laid land plot or land use right with preference over other creditors of the person owns this land plot or land use right (pledger) unless otherwise provided by the Civil Code of the Republic of Kazakhstan;
      27) unauthorized occupation of a land plot – occupation of another’s land plot without permission of owner of the land plot or land user, as well as occupation of the land plot in the state ownership and not provided for land use without relevant decision of the Government of the Republic of Kazakhstan or local executive body;
      28) land share – quantitatively fixed partnership share with other persons in rights and obligations on land plot, apportionment of which may be performed subject to cases and conditions established by this Code and other Laws of the Republic of Kazakhstan;
      29) immigrant land fund – land plots reserved for assignment to oralmans and land plots forming part of special land fund;
      30) cadastral (assessed) value – calculated value of the land plot applied upon selling of the land plot or right of leasehold determined on the basis of base rates of payment for land plots, clarified on a periodic basis according to the official statistics information about common inflation rate and evaluating factors to them;
      31) secondary land users – persons received the temporary land use right on the basis of agreement of the secondary land use from the primary land user, reserving this status;
      32) condominium – a special form of ownership (other right) of realty in which the particular parts of the realty are in a separate (individual) propriety (other right) of individuals and legal persons, and those parts of realty which are not in a separate propriety, including the land plot belong to them on the basis of right of common participatory share ownership (other common right) and are not separate from the rights of parts of realty which is in a separate (individual) propriety (other right);
      33) state land users – state republic and municipal legal entities;
      34) state land grants – land plots granted on the basis of right of temporary land use to a legal person of the Republic of Kazakhstan without compensation for implementation of the capital investment project followed by free transfer to the propriety or land use in the manner prescribed by this Code and legislation of the Republic of Kazakhstan;
      35) non-state land users – citizens and (or) non-state legal entities;
      36) objects of right of ownership – lands which are in the state and private ownership;
       37) personal subsidiary husbandry – type of activity for satisfaction of own needs on the land plot located in the rural area and suburban zone;
      38) easement – right of limited designated use of another’s land plot, including for the purposes of passage, thoroughfare, laying of communications and operations, hunting and fish farms and other purposes;
      39) soil layer – hanging layer of the dry land of the Earth, special natural formation having a structure, composition and characteristic inhering only in it;
      40) base rate of payment – standard price of the land plot for determining of its cadastral (assessed) value upon granting of right of private ownership of land plot by the state or selling of the temporary compensated land use right (lease);
      41) permanent land users – persons whose land use right is not limited in time;
      42) temporary land users – persons whose land use right is limited by specified period;
      43) national land users – citizens of the Republic of Kazakhstan, legal entities established in accordance with the legislation of the Republic of Kazakhstan, including enterprises with a foreign participation;
      44) conditional land share – quantitatively certain share of the members of dissolved or reorganized kolkhozes, employees of the state agricultural organizations reformed into non-state agricultural organizations, as well as other persons stated in this Code, in accordance with which grant of land titles, previously included in composition of land use of mentioned organizations shall be performed or other rights provided by this Code shall be exercised;
      45) foreign land users – foreign persons, stateless persons, legal entities established in accordance with the legislation of the foreign states (foreign legal entities), foreign states, international associations and organizations.
      Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; as amended by the Laws of the Republic of Kazakhstan dated 26.07.2007 No. 311; dated 19.03.2010 No. 258-IV; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

   Chapter 2. Competence of state bodies in the field of land relations

      Article 13. Competence of the Government of the Republic of Kazakhstan

      Competence of the Government of the Republic of Kazakhstan in the field of regulation of land relations shall include:
      1) development of the focal points of a state policy in the field of use and protection of land fund of the Republic;
      2)is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) granting the land titles and seizure of land plots including for state requirements, from the lands of all categories in cases, linked with creation and expansion of the conservation area of republican significance, meeting international commitment and land use for needs of defence or national security;
      3-1) transfer of specially protected natural areas to reserve lands on the suggestion of authorized state body in the field of specially protected natural areas and approval of its order;
      4) confirmation of forms of the identity documents of title to the land plot and land use right;
      4-1) adoption of regulations of the grant of rights to the land plots for individual housing construction;
      5) matching of proposals of the oblast representative executive bodies, on the issues of boundary adjustments of districts and cities of oblast subordinance, as well as establishment and change of suburban zones around the cities of oblast subordinance;
      6) approval of order of designation of the lands to specially protected natural areas and reservation of lands for these territories, list of the specially protected natural areas of republican and international status, as well as regulations of land rezoning from the land fund to the lands of other categories, not linked with forest management;
      7) approval of order of the state land cadastre and monitoring of lands conducting;
      7-1) adoption of regulations of rational land use of agricultural lands;
      7-2) adoption of regulations of the land grant occupied by territorial waters for building of artificial structures;
      8)(is excluded by the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125).
      9) regulation of land relations in so far as provision of lands in the territory of one oblast, city of republican significance, the capital to the long term use of other oblast, city of republican significance, the capital;
      10) other functions assigned on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 13 as amended by the Republic of Kazakhstan dated 05.07.2006 No. 162 (shall be enforced from the date of its first official publication); dated 06.07.2007 No. 279; dated 01.12.2008 No. 94-IV (the order of enforcement see Article 2); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days from its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 14. Competence of a central authorized body and its territorial bodies

      1. Competence of a central authorized body shall include:
      1) generalization of the practice in the application of land legislation and its improvement;
      1-1) implementation of state policy in the field of regulation of land relations;
      1-2) carrying out of coordination and organizational supervision of local executive bodies in the field of regulation of land relations;
      2) development and introduction of the drafts of regulatory legal acts in the field of regulation of land relations for approval to the Government of the Republic of Kazakhstan;
      2-1) development and introduction of the draft regulations of rational use of agricultural lands for approval to the Government of the Republic of Kazakhstan as may be agreed with an authorized body in the field of development of agroindustrial complex;
      3) verification of correctness of the state land cadastre and monitoring of lands;
      4) development and approval of regulatory legal acts and statutory documents, methods on land tenure, state land cadastre and monitoring of lands;
      5) carrying out of expert examination of drafts and diagrams of republican significance, concerning the issues of use and protection of lands;
      6) cooperation with central and local executive bodies on the issues of regulation of land relations;
      7) confirmation of the forms of certificate of agricultural land plots;
      7-1) confirmation of the classifier of lands’ designation on the basis of drafts (diagrams) of lands zoning;
      8) establishment of the structure, composition, content and forms of land and cadastral documentation;
      9) monitoring management of lands;
      10) organization of conducting the state land cadastre and making-out a balance of lands of the Republic of Kazakhstan on the grounds of these balances of lands of oblasts, cities of republican significance, the capital;
      11) preparation of drafts of the legal acts of the Government of the Republic of Kazakhstan on the issues of provision and seizure of land plots, including for the state requirements, transfer of land plots, as well as for the state requirements, from one category to another, within its competence;
      12) state verification of use and protection of lands;
      13)is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      13-1) coordinations of proposals of local executive body of oblast, city of republican significance, the capital on the issues of provision of agricultural land plots to foreign persons, stateless persons and foreign legal entities;
      14) legality control of decisions of the authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance on the applications of individual and legal entities;
      15) consideration of cases on administrative infractions in the field of land legislation;
      16) development and confirmation of forms of compulsory official reporting, check lists, risk evaluation criteria, semi-annual checkout list in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;
      16-1) development and approval of industrial incentive scheme;
      17) exercise of other authorities, provided by this Code, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      2. Competence of a territorial body on management of land resources of oblast, city of republican significance, the capital shall include:
      1) state verification of use and protection of lands;
      2)is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      3) issue of breves, compulsory for fulfillment on elimination of detected violations of land legislation;
      4) consideration of cases on administrative infractions in the field of land legislation;
      5) preparation and commencement of actions to the court on the issues, mentioned in subparagraph 4) of paragraph 1 of Article 148 of this Code;
      6) monitoring management of lands of oblast, city of republican significance, the capital;
      7) control of correctness of conducting the land cadastre;
      8) suspense of building construction, mining activity, exploitation of objects, geological and other works if they are carried out with violation of the land legislation, established regime of land use, as well as if these works are conducted upon the drafts that didn’t undergo expert examination or received adverse determination.
      Footnote. Article 14 in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 14-1. Competence of authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance

      1. Competence of an authorized body of oblast shall include:
      1) preparation of proposals and drafts of decisions of a local executive body of oblast on provision of land plots for subsurface use (for performance of work on production; on combined prospecting and production; on construction and (or) exploitation of subsurface structures, not linked with prospecting and (or) production), construction (reconstruction) of main pipelines, objects of oil and gas processing, objects on use of renewable energy resources, for industrial and innovation projects of the subjects of industrial and innovation activity, creation and expansion of specially protected natural areas of local significance, as well as upon compulsory alienation the land plots for state requirements in detection and for development of deposits of commercial minerals, for construction (reconstruction) of main pipelines, creation and expansion of specially protected natural areas of local significance, implementation of investment strategic projects in accordance with the Law of the Republic of Kazakhstan “On investments”;
      1-1) implementation of state policy in the field of regulation of land relations;
      2) preparation of proposals and drafts of decisions of the local executive body of oblast on provision of land plots for the state research establishments and their development farms, as well as state seed farms and stud farms;
      2-1) preparation of proposals and drafts of decisions of a local executive body of oblast on provision of land plots, occupied by the territorial waters, for construction of artificial structures;
      3) preparation of proposals on reservation of lands;
      4) approval of cadastral (assessed) value of specific land plots, selling to the private ownership by the state within its competence;
      5) determination of separability and impartibility of land plots within its competence;
      6) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;
      7) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of oblast;
      8) organization of holding of the land market (tenders, auctions) within its competence;
      9) carrying out of expert examination of drafts and diagrams of oblast, city, district significance, concerning the issues of use and protection of lands;
      10) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use within its competence and control of fulfilling the terms of concluded agreements;
      11) making-out a balance of the lands of oblast on the basis of these districts, cities of oblast subordinance;
      12)is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months from the date of its first official publication);
      13) preparation of proposals on the grant of permissions by a local executive body of oblast for use of land plots for engineering survey works in accordance with Article 71 of this Code;
      14) preparation of proposals on transfer of farm lands from one type to another;
      14-1) detection of unused lands or lands, used with violation of the legislation of the Republic of Kazakhstan with provision of information on these violations to territorial bodies on management of land resources of oblast, city of republican significance, the capital.
      15)is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013).
      2. Competence of an authorized body of the city of republican significance, the capital in the territory, transferred to its ministerial authority shall include:
      1)is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months from the date of its first official publication);
      1-1) implementation of state policy in the field of regulation of land relations;
      2) preparation of proposals on the grant of permissions by a local executive body of the city of republican significance, the capital for use of land plots for engineering survey works in accordance with Article 71 of this Code;
      3) preparation of proposals on transfer of farm lands from one type to another;
      4) preparation of proposals on reservation on lands;
      5) making-out a balance of the lands of the city of republican significance, the capital;
      6) preparation of proposals and drafts of decisions of a local executive body of the city of republican significance, the capital on provision of land plots and change of their designation;
      7)is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      8)is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013);
      9) issue of certificates of agricultural land plots;
      10) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use and control of fulfilling the terms of concluded agreements;
      11) exposure of unowned land plots and organization of their registration;
      12) preparation of proposals upon compulsory alienation of land plots for state requirements;
      13) determination of separability and impartibility of the land plots;
      14) approval of cadastral (assessed) value of specified land plots selling to the private ownership by the state;
      15) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;
      16) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of the city of republican significance, the capital;
      17) organization of conducting the land market (tenders, auctions);
      18) carrying out of expert examination of drafts and diagrams, concerning the issues of use and protection of lands;
      19) record keeping of owners of the land plots and land users, as well as other subjects of the land legal relations;
      20) detection of unused lands and lands, used with violation of the legislation of the Republic of Kazakhstan, as well as not according to designation, with provision of information on these violations to territorial bodies on management of land resources of oblast, city of republican significance, the capital.
      3. Competence of authorized bodies of districts, cities of oblast subordinance within the boundary of district, boundary (limit) of the city and in the territory transferred to his ministerial authority shall include:
      1) detection of unowned land plots and organization of work on their registration;
      1-1) implementation of state policy in the field of regulation of land relations;
      2) preparation of proposals and drafts of decisions of a local executive body of district, city of oblast subordinance on provision of land plots and change of their designation;
      2-1) preparation of proposals and drafts of decisions of the district executive body on provision of land plots for subsurface use, linked with the state geological study of subsurface resources and prospecting;
      3) preparation of proposals on compulsory alienation of land plots for state requirements;
      4) determination of separability and impartibility of land plots;
      5) approval of cadastral (assessed) value of specified land plots, selling to the private ownership by the state;
      6) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;
      7) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of districts, cities of oblast subordinance;
      8) organization of development of the land and economic facilities drafts of the territories of inhabited localities;
      9) organization of conducting the land market (tenders, auctions);
      10) carrying out of expert examination of drafts and diagrams of city, district significance, concerning the issues of use and protection of lands;
      11) making-out a balance of the lands of districts, cities of oblast subordinance;
      12) record keeping of the owners of land plots and land users, as well as other subjects of the land legal relations;
      13)is excluded by the Law of the Republic of Kazakhstan dated 08.01.2012 No. 64-V (shall be enforced from 01.01.2013);
      14)is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      15) issue of certificates of the agricultural land plots;
      16) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use and control of fulfilling the terms of concluded agreements;
      17) preparation of proposals on the grant of permissions by a local executive body of the district, city of oblast subordinance for use of land plots for engineering survey works in accordance with Article 71 of this Code;
      18) preparation of proposals on transfer of farm lands from one type to another;
      18-1) detection of unused lands and lands, used with violation of the legislation of the Republic of Kazakhstan, with provision of information on these violations to territorial bodies on management of land resources of oblast, city of republican significance, the capital;
      19) preparation of proposals on reservation of lands.
      Footnote. The chapter is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 15. Competence of local representative bodies and local self-government bodies

      1. The competence of local representative bodies in the field of regulations of land relations in the relevant territories shall include:
      1)is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) approval of land and economic facilities drafts in the territory of inhabited localities, including farm lands, transferred to the jurisdiction of local executive bodies of oblast subordinance, akims of city of district subordinance, rural settlement, village, rural district;
      3)(is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      4) hearing reports of the heads of local executive bodies and organizations on the state of use and protection of land resources;
      5) adoption of decisions on establishment of boundaries between administrative-territorial entities within the competence established by the legislative acts of the Republic of Kazakhstan;
      5-1) approval of boundaries of suburban zones in accordance with Article 110 of this Code;
      5-2) matching of draft contracts on redemption of the land plot for the state requirements;
      6)(is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      7) exercise of other authorities in accordance with the legislation of the Republic of Kazakhstan on ensuring the rights and legal interests of citizens.
      2. Local self-government bodies in the field of regulation of land relations shall provide community participation in solution of questions of local significance within the powers, established by the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 16. Competence of a local executive body of oblast, city of republican significance, the capital

      1. Competence of a local executive body of oblast shall include:
      1)is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      1-1) submission of the area of suburban zones boundaries of the cities of district subordinance for approval of a local representative body;
      2) grant of land plots for subsurface use (for performance of work on production; on combined prospecting and production; on construction and (or) exploitation of subsurface structures, not linked with prospecting and (or) production, construction (reconstruction) of main pipelines, objects of oil and gas processing, objects on use of renewable resources, for industrial and innovation projects of the subjects of industrial and innovation activity, as well as compulsory alienation of the land plots for state requirements in detection and for development of deposits of commercial minerals, for construction of main pipelines, implementation of investment strategic projects in accordance with the Law of the Republic of Kazakhstan “On investments”;
      3) provision of land plots for the cattle drive routes of temporary use of the inter-district significance;
      4) grant of permissions on use of land plots for engineering survey works in accordance with paragraph 2 of Article 71 of this Code;
      5) provision of land plots for the state research establishments and their development farms, as well as for the state seed farms and stud farms;
      5-1) provision of land plots, occupied by territorial waters for construction of artificial structures as may be agreed with an authorized state body in the field of use and protection of inventory of water resources, water supply, water diversion;
      6) reservation of lands in accordance with Article 49-2 of this Code;
      7) provision and seizure of land plots as well as for the state requirements, from the lands of all categories in cases, linked with creation and expansion of specially protected natural areas of local significance, with the exception of cases provided by subparagraph 3) of Article 13 of this Code;
      8) regulation of land relations in so far as provision of lands, being in the territory of one district, city of oblast subordinance to the long term use of other district, city of oblast subordinance;
      9) provision and seizure of land plots as well as for state requirements in cases provided by Article 90 of this Code, with the exception of forestry fund lands;
      9-1) establishment of public easements in accordance with Article 69 of this Code;
      10) carrying out of coordination and operating control of district, city (oblast subordinance) executive bodies in so far as use and protection of land resources;
      10-1) provision of proposals on the issues of provision of agricultural lands on approval of a central authorized body to foreign persons, stateless persons and foreign legal entities;
      11)(is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      12) exercise of other authorities in behalf of local state administration, laid upon local executive bodies by the legislation of the Republic of Kazakhstan.
      2. Competence of a local executive body of city of republican significance, the capital in the field of regulation of land relations shall also include:
      1) grant of land plots to the private ownership and land use, with the exception of cases provided by Article 13 of this Code;
      1-1) grant of land plots for the purposes of construction of facilities of harnessing of renewable resources;
      2) seizure of land plots including for the state requirements, with the exception of cases provided by Article 13 of this Code;
      2-1) allocation of land plots to the common-use land in the lands of inhabited localities, as well as exclusion from the categories of common-use lands in connection with change of their designation;
      2-2)is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) development of the land and economic facilities drafts of the inhabited localities territory, within their ministerial authority for approval by the relevant representative body and their enforcement;
      3-1) establishment of public easements in accordance with Article 69 of this Code;
      4) provision for approval of drafts (diagrams) of land zoning for the representative bodies of city of republican significance, the capital;
      5)is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      5-1) provision of the proposals on the issues of grant of agricultural lands on approval of the central authorized body for foreign persons, stateless persons and foreign legal entities;
      5-2) placement of approved drafts of the land and economic facilities of the territory of inhabited localities on the special informative stands in the places open to the inhabitants;
      5-3) reservation of lands in accordance with Article 49-2 of this Code;
      6) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 13.02.2009 No. 135-IV (the order of enforcement see Article 3); dated 04.07.2009 No. 166-IV; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 17. Competence of a district (except districts in cities) executive body

      The competence of district (except districts in cities) executive body in the field of regulation of land relations within the boundaries of district, with the exception of lands of inhabited localities shall include:
      1) grant of land plots to the private ownership and land use, with the exception of cases provided by Article 13, 16, 18 and 19 of this Code;
      1-1) grant of land plots for subsurface use, linked with the state geological study of subsurface resources and prospecting;
      2) seizure of land plots including for the state requirements, with the exception of cases provided by Article 13, 16, 18 of this Code;
      3)is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) development of the land and economic facilities drafts of the inhabited localities territory, including the farm lands transferred to the jurisdiction of rural executive bodies for approval by the relevant representative body and their enforcement;
      4-1) reservation of lands in accordance with Article 49-2 of this Code;
      5) providing permission for land plot use for engineering survey works according to paragraph 2 of Article 71 of this Code;
      5-1) establishment of public easements in accordance with Article 69 of this Code;
      5-2) placement of approved land and economic facilities drafts of the inhabited localities territory on the special informative stands in the places open to the inhabitants;
      6) establishment of the special land fund;
      7)is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      8) provision for approval of drafts (diagrams) of land zoning for the representative bodies of district;
      9)is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 No. 116); dated 06.07.2007 No. 279; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 18. Competence of a local executive body of city of oblast subordinance

      The competence of local executive body of the city of oblast subordinance in the field of regulation of land relations within the boundaries (limit) of the city and in the territory transferred to its ministerial authority shall include:
      1) grant of land plots to the private ownership and private land use, with the exception of cases provided by the articles 13, 16 and 19 of this Code;
      2) seizure of land plots including for the state requirements, with the exception of cases provided by the articles 13 and 16 of this Code;
      2-1) allocation of land plots to the common-use land in the lands of inhabited localities, as well as exclusion from the categories of common-use lands in connection with change of their designation;
      3)is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) development of the land and economic facilities drafts of the inhabited localities territory, within their ministerial authority for approval by the relevant representative body and their enforcement;
      4-1) reservation of lands in accordance with Article 49-2 of this Code;
      5) providing permission for land plot use for engineering survey works according to paragraph 2 of Article 71 of this Code;
      5-1) establishment of public easements in accordance with Article 69 of this Code;
      5-2) placement of approved land and economic facilities drafts of the inhabited localities territory on the special informative stands in the places open to the inhabitants;
      6) establishment of the special land fund;
      7)is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      8) provision for approval of drafts (diagrams) of land zoning for the representative body of city of oblast subordinance;
      9)is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 19. Competence of akims of city of district subordinance, rural settlement, village, rural districts

      Competence of akims of cities of district subordinance, rural settlement, village, rural districts in the field of regulations of land relations within the boundaries (limit) of the city, rural settlement, village shall include:
      1) grant of land plots to the private ownership and private land use, with the exception of cases provided by the articles 13 and 16 of this Code;
      1-1) establishment of public easements in accordance with Article 69 of this Code;
      2) proposal to the district (city) akimat on the issue of seizure of land plots, including for the state requirements;
      2-1)is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      3)is excluded by the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).
      Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 19-1. Competence of administration of special economic zone

 

      Footnote. Article 19-1 is excluded by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012).

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