Frequently Asked Questions

1. How and by whom transfer of land from one category to another?
   
   RK Land Fund in accordance with the intended purpose is divided into categories (agricultural land, settlements, industry and so on. D.) And used according to the set for their intended purpose.
   Land Classification for categories, as well as the transfer of land from one category to another due to changes in their purpose is made by state bodies within their competence (Art. 1.2).


2. is the land in Kazakhstan in whose ownership?
   
   The land in Kazakhstan is state-owned. Land may also be privately owned on terms, conditions and within the limits established by law (Art. 3).


3. What are the principles and objectives of land legislation in the Republic of Kazakhstan?
   
   RK Land legislation is based on the following principles:
   
   
   • the integrity, inviolability and inalienability of the territory of the Republic of Kazakhstan;
   • preservation of land as a natural resource;
   • protection and rational use;
   • environmental safety;
   • target use;
   • priority land for agricultural purposes;
   • provide information about the state of the land and its availability;
   • the state support measures for the use and protection of land;
   • to prevent damage to land or elimination of its consequences;
   • payment for land use.
   Hence the problem: the establishment of the bases, conditions and limits of creation, change and termination of property rights on land and land use rights; the procedure for exercising the rights and responsibilities of owners and users; regulation of land relations, reproduction of soil fertility, protection of land, strengthening the rule of law and so on. d. (vv. 4,5).


4. What is the zoning of the land and who spends?
   
   Zoning - the definition of areas of land to establish their purpose and usage
   . Organization of zoning at a certain level of exercise appropriate executive bodies, the zoning projects representative bodies say. Target mode of using the territory defined for zoning and approved in the order listed above is for the subjects of land relations binding. This work is carried out at the expense of the local budget (Article 8).


5. What are the payment for the land in the Republic of Kazakhstan, as well as their base rates?
   
   At first, land owned, permanent land use or primary gratuitous temporary use, are subject to land tax.
   Secondly, with the land provided by the state for temporary compensated land use (rent) will be charged for use.
   Provision of land from state ownership to private is made on a reimbursable basis through the sale of a lump sum or in installments by decision of the executive body, except in cases where land is available in the property free of charge (the owners of residential premises, private habitation., Gardening, country construction, etc. )..
   The fee is calculated on the basis of inventory (estimated) value, calculated according to the base rates with the use of correction factors. In turn, the base rates established by the Government of the Republic of Kazakhstan (not lower land tax rates) (vv. 9,10).


6. What is the competence of akims of villages, rural districts?
   
   To their competence legislation relates:
   
   
   • the provision of land in private ownership and land use with the exception of matters within the competence of the regional, district and city executive bodies;
   • make proposals to the district (city) akimat on seizure, including through the purchase of land for public needs;
   • other matters of their competence (Art. 19).
7. How to perform (v. 19) if the boundaries of settlements are not set in nature?
   
   Borders (feature of towns and villages villages) established and modified by the joint decision of district (city) representative and executive bodies. On the basis of that decision on the establishment of it (the border line) in kind (Art. 19,108).


8. When and how the ownership occurs on the land?
   
   The right of ownership arises by:
   
   
   • of property rights;
   • transfer of ownership;
   • transfer of ownership (inheritance, etc.);
   On the basis of:
   
   
   • acts of state bodies;
   • civil transactions;
   • other grounds stipulated by the legislation of the Republic of Kazakhstan (vv. 20-23).
9. The emergence of ownership of agricultural land.
   
   agricultural land, owned by the state, may be provided to individuals and legal entities on land use right or the right of private property, in which case provided RK citizens to lead a peasant (farmer's) economy and non-state legal entities of Kazakhstan for conducting a commodity agriculture and afforestation.
   Provision of private property rights to agricultural land is carried out on a scheduled basis.
   Citizens and non-state legal entities can acquire private property rights to a land plot for conducting a peasant (farmer's) economy, at a price equal to the cadastral (assessed value), at a discounted price (set by the Government of the Republic of Kazakhstan).
   A person who is fully reimbursing the acquisition of private ownership of land has the right to make any kind of transaction with the land, not prohibited by the legislation of Kazakhstan. Preferential acquisition gives the same right after the expiration of 10 years from the date of state registration of private ownership of the land (v. 24).


10. How is the state ownership?
    
    Land can be:
    
    
    • sold or transferred free of charge to private ownership;
    • provided to temporary or permanent land use;
    • implemented in other legal forms and cases stipulated by the legislation of the Republic of Kazakhstan (art. 27).


11. How is the provision and transfer of land use rights?
    
    The provision of land use right means giving the person the right to land directly by the State, is made on the basis of the decision of the executive body, in accordance with its competence.
    The transfer of land use right means giving the person the right to land other land users, which is based on civil law transactions, and on this basis produced and alienation of land use rights (Art. 32, 33).


12. What is the official land plot?
    
    This is a special kind of long-term temporary gratuitous land use. The list of categories of employees entitled to the official land plot shall be established by the Government of the Republic of Kazakhstan.
    Official Land Plot refers to a secondary temporary free use, and available for the duration of, in connection with which it is allocated. Call of the allotment reserved for the employees of a number of categories (pension, military service, families of the victims and others.). Accomplishment of any transactions in respect of land use rights official land allotment is not allowed (art. 41).


13. What is the procedure for granting the right to land?
    
    The provision of rights to a land plot of land owned by the state, in the following order:
    
    
    • excitement application;
    • preselect;
    • the development and approval of land management projects;
    • the decision of the local executive body;
    • the establishment of land boundaries on the ground;
    • production and issuance of documents certifying the right to land;
    • the state registration of rights (Art. 43-46).


14. What are the rules for granting land to private property for free?
    
    
    • to ancillary services (including homestead and field plots) in rural areas - 0.25 hectares of rain-fed and 0.15 ha of irrigated lands;
    • for individual housing construction - 0,10 hectares;
    • gardening and country construction - 0,12 hectares
    .
    Re-free provision of land for these purposes is not permitted (Art. 50).


15. What is the common ownership of land or common land?
    
    This land, owned two or more persons and belongs to them by right of common ownership. It may be in common ownership with the definition of the share of each, or without it.
    The procedure for using such a site is determined by the contract between the participants of joint ownership (public land). Agreement on the order of use of land is subject to state registration (Art. 53-54).


16. What is the procedure for determining the proportion of land jointly owned?
    
    If the size of the land share of the co-owners (total equity of land use) to the site can not be determined on the basis of the Republic of Kazakhstan legislation and not established by agreement of all the participants, land shares are considered equal.
    Agreement as all the participants can be established the procedure for determining and collecting of their land shares depending on the contribution of each of them in the acquisition and development of the common land (v. 56).


17. Can implemented section of land located in the common property (land)?
    
    may with the prior definition of a land share of each participant. If the land is recognized as indivisible, it is separated and recovered from his land share in kind is not permitted (Art. 57-59).


18. What is the legal regime of matrimonial property on the land?
    
    It is determined in accordance with the rules provided for civil and matrimonial law governing property relations between spouses. Land and house, belonging to the spouses before marriage, and they have received as inheritance a gift, owned by each of them. They may be considered joint property if it is established that during the marriage at the expense of community property made investments, significantly enhancing the value of these sites, unless otherwise provided by contract between the spouses (art. 60).


19. What are the rights to a land plot of tenants of apartment buildings?
    
    This land is common property owners of the premises, located in a part of the condominium object. The division of this site is allowed, but with the written consent of all participants of the condominium. Transfer of ownership of an apartment (room) to another person entail the transfer to the purchaser of an apartment (room) an appropriate share in the right to land (Art. 62).


20. Easements, registration and termination
    
    easement or right of limited targeted use of someone else's land can occur:
    
    
    • directly from the legal act;
    • on the basis of an agreement between the parties concerned;
    • on the basis of an act of the local executive body;
    • on the basis of a court decision.
    Action easement is terminated as a result of failure of the right holder, prolonged disuse (three years), the expiry of the period for which it was established, on the basis of agreement between the parties, the court's decision, and others. The emergence, change and termination of an easement is subject to state registration in the legal cadastre. Not subject to registration those easements, which arise on the basis of legal acts (Art. 67-75).


21. Pawn - order and registration
    
    The subject of pledge may be land owned by the mortgagor on the right of private ownership or land use rights. For collateral, in this case the rules of real estate mortgage.
    To pledge land or land use right mortgagor provides the mortgagee:
    
    
    • the documents certifying the right to land (act ...);
    • a certificate of registration of the land;
    • the written consent of participants in joint ownership;
    • an act of inventory (estimated) value;
    • the act of the appraised value of real property;
    • land border plan;
    • list of all known to the pledgor, at the time of conclusion of the contract, the rights of third parties on the subject of mortgage (pledge right, use, lease, easements, etc.);
    • other materials needed to establish reliable data on land plot.
    The pledge of land or land use rights subject to state registration of real estate transactions (Art. 76-80).


22. What can justify the termination of private ownership of land or land use rights?
    
    right to terminate if:
    
    
    • the alienation of land owner or land user of land use rights to others;
    • waiver;
    • loss of rights;
    • expiration;
    • the early termination of the lease;
    • termination of employment (service allotment) (vv. 76-80).


23. The refusal, withdrawal, redemption
    
    The owner or land user may opt out of the ownership of land belonging to him or land use rights, in the manner prescribed for the termination of the lease contract or a contract for temporary free use.
    The land can be seized for public needs through the purchase or exchange of indemnity, except for seizures may be the basis of inappropriate use, use in violation of the law, the confiscation (Art. 82-86).


24. How is the price of the redeemable land for public needs?
    
    is determined by agreement of the parties, it must include the market value of the land or land use rights to it, being on it of real estate, as well as all damages due to the loss of land.
    Price for agricultural land (excluding losses), acquired by the owner of the state, and redeemable for public needs, is determined in the amount paid by the state. With incomplete payment of the amount for the land (excluding losses), sold by the state in installments, and redemption of it for state needs the land price is determined in the amount paid to the State the amount (Art. 87).


25. What are the restrictions on withdrawal of land?
    
    This is the case of irrigated agricultural land, land experimental fields of research institutes and educational establishments, forestry and water funds, biological and irrigation and reclamation, and fish farming (v. 90).


26. What is the temporary withdrawal?
    
    In the case of natural disasters, the martial law regime, accidents, epidemics, epizootics and other emergency land in the public interest by a decision of the local executive bodies may be temporarily withdrawn from the owner or land use and compensation fixed it. Assessment, on which offset losses may be challenged in the courts (Article 91).


27. What is the procedure adopted in the translation of agricultural land from one type to another?
    
    The need for translation can be justified by natural factors, economic feasibility. The reason may be - the application of the owner or land user, as well as the initiative of the local executive body
    . Translation can be done on the land plot, a group of sites, the array, and so on. D. Pre-studied planning and cartographic materials, land development projects, reclamation construction, soil. geobotanical surveys, survey, land registry data, inventory and others.
    Materials on the transfer of farmland from one species to another are assembled and transferred to the regional authority for land management to summarize and relevant approvals. Then the materials are transferred to the regional authority, which, summarizing the material in the whole area, with its conclusion directs them:
    
    
    • to transfer non-irrigated arable land in the less valuable farmland - to the district executive body for a final decision;
    • translation of irrigated arable land in irrigated land types - to agree on the central authorized agency for land management, which, coordinating materials with the relevant departments, with its conclusion directs the regional executive body for a final decision on the matter (98 st. ).


28. As available land plots for peasant (farmer) economy?
    
    Provided Kazakhstan citizens on the right of private ownership or the right of temporary paid land use, for up to 49 years, and for the conduct of transhumance on the right of temporary gratuitous land use.
    The advantage enjoyed by citizens, who will run the economy based on personal labor participation, with special agricultural knowledge, skills, and experience with living in the area.
    The citizen's application to the local executive body and the attached materials agreed on the location of allocated land are the grounds for granting him the right to land (Art. 101).


29. What are the categories of land available land for private farming, gardening and dacha construction?
    
    Kazakhstan citizens for private farming, gardening and dacha construction available in private ownership plots of agricultural land, rural settlements and land reserve.
    In turn, the land owners have the right to unite in simple partnerships, cooperatives (Art. 102).


30. What is the procedure section of land to be privatized gosselhozpredpriyaty?
    
    Section to be (on the conditional land shares) farmland within the boundaries of land privatized gosselhozprdpriyatiya except:
    
    
    • the lands included in the line of settlements;
    • included in the spetszemfonda;
    • radiation, contaminated, violated et al., As well as transhumance.
    The size of land share is calculated in the (n) by dividing the total area of ​​agricultural land on the number of persons eligible for a conditional land share.
    The score-hectare (score of soil yield class x the square) by dividing the sum of points-of hectares of farmland, the number of persons eligible for a conditional land share.
    The results determine the size of conditional land share and the list of persons entitled to it, shall be approved by resolution of the general workforce (protocol approval by the district (city) executive body). Then executed certificate of the right to conditional land share (Art. 103).


31. What is included in the loss of agricultural production, and what is the procedure for their compensation?
    
    The withdrawal of agricultural land for purposes not related to agricultural production, causing him losses which are recoverable in the national budget in order to maintain agricultural production through the recovery of agricultural land and their quality. These losses are compensated in addition to damages.
    Dimensions losses installed as part of land project, which is the basis for the decision by the local executive bodies.
    Dimensions losses are determined on the basis of standards that are accepted by the Government of the Republic of Kazakhstan, on the basis of the cost of providing new land development or improvement of land to the level of production of agricultural products to them in the amount of not less than obtained on the seized lands (vv. 105-106).


32. What is included in land management, his conduct?
    
    Planning includes and provides:
    
    
    • development of national, provincial and regional schemes (projects), land zoning and use programs, improvement and protection of land resources;
    • drafting inter-farm land, withdrawal and the establishment of boundaries, making the documents on ownership and land use;
    • To identify and land use in the area of ​​borders, the development of remediation projects, inventory, conducting topographic and geodetic, cartographic, soil, geobotanical and other-finding and exploratory work, drawing up thematic maps, atlases, etc.
    Land management is carried out by executive agencies, or at the request of land owners or land users, as well as on the initiative of the territorial bodies of land administration.
    The procedure and technology implementation land survey work are set by regulations approved by the central competent authority for land management, which are mandatory for all performers of land surveying work.
    Agreed in the prescribed manner of land use documentation is approved by the relevant authorities, shall be amended only with the approval authority which approved this documentation. Implementation of land management project includes: the transfer of the project to the area, the development of all elements of the project registration and issuance of land use planning materials and documents (Article 149-151.) .


33. What is the SLC, its content, the cadastral division of land and cadastral documentation and the order of reference?
    
    SLC - is a system of information on the natural and economic situation of the Republic of Kazakhstan land
    . Organization of the SLC in the Republic of Kazakhstan by the central competent authority for land management and its territorial bodies. SLC underway on a single system on the whole territory of the Republic of Kazakhstan RSE specialized, in relation to which the central authorized agency for land administration is a government body. Data SLC are public information resource. The unit of account and store data SLC is a plot of land allocated to the closed borders, embodied in the prescribed manner for the subjects of land relations. On the content of the SLC includes such kinds of works:
    
    
    • the formation of cadastral case of land;
    • keeping the quantity and quality of the land;
    • account owners and users;
    • keeping zemuchastkov for state registration purposes;
    • State cadastral valuation of the land and soil evaluation;
    • accumulation, processing and management of the bank on zemuchastki data and their subjects and others on paper and in electronic form;.
    • creation and maintenance of the AIS SLC;
    • production and maintenance of LC cards, including digital;
    • keeping LC books and unified state register of land;
    • manufacturing of certifying documents.
    Implemented cadastral division of the territory of the Republic of Kazakhstan for the purpose of assignment of cadastral numbers zemuchastkov. The unit of the cadastral division are user blocks. The list of codes assigned to regions, cities of republican status, areas and towns of regional (district) values ​​for the purpose of formation of cadastral numbers zemuchastkov established by the Government of the Republic of Kazakhstan. Formed land and cadastral documentation, consisting of a base (zemkadastrovoe case zemkadastrovaya book, a unified state register of land and zemkadastrovye card), periodically updated and compiled annually.
    SLC is conducted on paper and can be conducted with the use of electronic systems for collecting, processing and storing information. The procedure for conducting the SLC set RK legislation (Art. 152-157).


34. monitoring, task management, the use of information
    
    Land Monitoring - a system of basic, operational, periodic observations of the qualitative and quantitative status of all zemfonda Kazakhstan regardless of the forms of land ownership, purpose and nature of the land use
    . Objectives:
    
    
    • the timely detection of changes in land status, their assessment, prognosis and recommendations;
    • Information Support reference SLC, land, control over land use and protection.
    Organization conducting land monitoring by the central authorized agency for land management. Conduct of business and use its data is determined by the Government of Kazakhstan (art. 159-162).


35. What is the procedure for funding to ensure the implementation of land relations?
    
    Work carried out in establishing the boundaries of the areas of the capital and the cities of national significance, management and monitoring of the SLC, preparation of land for agricultural purposes and passports etc., Carried out by the decision of the Government of the Republic of Kazakhstan, financed from the national budget.
    Establish the boundaries of districts and cities of regional and district value, rural districts, towns, land zoning, transfer of agricultural land from one type to another, the land-economic device villages et al., Conducted by the decision of the local executive bodies, financed from the local budget.
    Applications of private land owners and land users are executed by their means (art. 163).


36. The procedure for collecting damages
    
    The losses caused to owners or land users shall be compensated in full by the causer.
    In determining the amount of compensation are included:
    
    
    • the market value of the land or land use rights;
    • market value located on a plot of real estate, including perennial plants;
    • the value of the costs associated with the development of the site;
    • lost profits.
    The definition of losses, the amount, timing and form of compensation established by agreement (Art. 164-166).


37. Land disputes, the responsibility for violation of land legislation
    
    The debate dealt with in court. Individuals and legal entities, state bodies and officials responsible for violation of land legislation, bear responsibility in accordance with the procedure established by legislative acts of the Republic of Kazakhstan (art. 167-168).


38. Do the right to buy land in private ownership of those to whom they passed on the right of temporary land use, for conducting a peasant (farmer's) economy and commercial agriculture?
    
    They have the right to redeem the established order in zemkodekse (Art. 170).


39. How to be those who gave their land to the secondary land use (sublease) for the conduct of a peasant (farmer's) economy and commercial agriculture?
    
    obliged to January 1, 2005 to terminate the contracts on secondary land use. In the case of non-realization of rights of the lessors specified termination of the secondary land use contracts and termination of the rights of land users are made in court (lawsuit serves territorial bodies on land management) and land confiscated and transferred to spetszemfond area (Art. 170).


40. How to be those who previously bought from the state the right to permanent land use (long-term) land plot for conducting a peasant (farmer's) economy and commercial agriculture?
    
    Those who bought the state the right to permanent land use (the right long-term land-use) land plot for conducting a peasant (farmer's) economy and commercial agriculture have become owners of land plots without additional charge for the purchase of private property rights within the limits of land set zemkodeksom (Art. 170).


41. How to be the holder of the right to conditional land share, which had previously transferred the right to rent?
    
    obliged to January 1, 2005 to implement this right by committing one of the acts:
    
    
    • to buy back land to private ownership; get temporary use common or separate land plot for conducting self-management of a peasant (farmer's) economy and commercial agriculture;
    • to transfer as a contribution to the authorized capital hoztovarischestva, in payment for the shares of the company or as a contribution to a production cooperative.
    In this case the selection zemuchastka at the expense of conditional land shares in the procedure of land management (Art. 170).


42. How to be the holder of the right to conditional land share is transferred to the contribution to the authorized capital, and so on. D.?
    
    It has the right to secede from the participants (members) and released (section) in-kind share or unit, including land (Art. 170).


43. How and where to deal with disputes relating to the right to the conditional share?
    
    All disputes of this problem are discussed in court (art. 170).


44. How to be those who have documents certifying the rights to land plots granted to the adoption of a code?
    
    remain valid in view of changes in land rights established by the land legislation of Kazakhstan (art. 170).


45. How and who leads the SLC?
    
    Being on a uniform across the territory of Kazakhstan republican system of specialized state-owned enterprises, in relation to which the central authorized agency for land management is a body of public administration (Art. 170).


46. Who and how the state control over land use and protection?
    
    State control by the central authorized agency for land management and its territorial bodies, as well as other authorized bodies within their competence (Art. 145).


47. Who sets the procedure of state control?
    
    The Government of the Republic of Kazakhstan (art. 145).


48. What officials exercise state control over land use and protection?
    
    The main state inspector on the use and protection of land -. The head of the central authorized agency for land management
    The main state inspectors on use and protection of lands of the relevant administrative-territorial units.
    State inspectors on use and protection of land (Art. 146).


49. What is the composition of reserve land?
    
    All the lands that are not represented in the ownership or use of land under the jurisdiction of district executive authorities.
    Land on which conducted the testing of nuclear weapons, transferred by the decision of the Government of the Republic of Kazakhstan in the reserve lands (Art. 137).


50. What is the order of the Code?
    
    The Code applies to land legal relations arising after its entry into force.
    Adopted before the introduction of the Code of regulations governing land relations, apply to the extent not inconsistent with the approved Code (Art. 169).