Article 105. Compensation of losses of agricultural production of the Land Code of the Republic of Kazakhstan

Home / RLA / Article 105. Compensation of losses of agricultural production of the Land Code of the Republic of Kazakhstan

1. Losses of agricultural production caused by the withdrawal of agricultural land for use for purposes unrelated to agriculture are subject to reimbursement to the budget in order to maintain the level of agricultural production by restoring the area of agricultural land and their quality.

These losses are compensated in addition to the damages provided for in Article 166 of this Code.

2. Compensation for losses of agricultural production is made by persons to whom agricultural land is provided from all categories of land, with the exception of industrial, transport, communications, defense, national security and other non-agricultural lands, for needs not related to agriculture, as well as persons for whom protective, sanitary and protective zones are established.

Losses of agricultural production are also subject to compensation in the event of a change in the purpose of agricultural land used or owned by citizens and legal entities.

Losses of agricultural production are subject to compensation within six months from the date of the decision on granting the right to a land plot or changes in the purpose of agricultural land.

3. Individuals and legal entities to whom land plots are provided for the following purposes are exempt from compensation for losses.:

1) individual housing construction, construction of schools, preschool organizations, organizations of secondary, technical and vocational, post-secondary education, medical institutions and cultural facilities within the boundaries of settlements;

2) construction of reclamation systems;

3) placement of fish-breeding pools, construction of fish ponds, fish-breeding facilities, buildings, structures and other structures and structures related to aquaculture;

4) construction of facilities that ensure environmental protection without causing deterioration of the adjacent land;

5) forest reclamation of degraded lands, lands contaminated with chemical and radioactive substances;

6) construction of facilities related to agriculture.

7) creation and operation of a nuclear safety zone.

Losses are also not reimbursed when land plots are provided to state nature reserves, state national nature parks, state natural reserves, state regional nature parks, state zoological parks, state botanical gardens, state arboretum parks and state natural monuments, for historical and cultural purposes, for the needs of defense and national security, as well as in other in cases stipulated by regulatory legal acts of the Government of the Republic of Kazakhstan.

The footnote. Article 105 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 N 116 (for the procedure of entry into force, see art. 2 of the Law N 116); dated 07.07.2006 N 176 (effective from the date of its official publication); dated 27.07.2007 N 320 (for the procedure of entry into force, see art. 2); dated 13.02.2012 No. 553-IV (effective after ten calendar days after its first official publication); dated December 29, 2014 No. 269-V (effective from 01.01.2015); dated 05/04/2018 No. 151-VI (effective after ten calendar days after the date of its first official publication); dated 02.01.2021 No. 399-VI (effective after ten calendar days after the date of its first official publication); dated 05.07.2023 No. 17-VIII (effective from January 1, 2024).

The Land Code of the Republic of Kazakhstan dated June 20, 2003

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