Article 12. The basic concepts used in the Code of the Land Code of the Republic of Kazakhstan

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The following basic concepts are used in this Code:

1) The Government for Citizens State Corporation (hereinafter referred to as the State Corporation) is a legal entity established by decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on accepting applications for the provision of public services and issuing their results to the service recipient on a "one–stop shop" basis, and ensure the provision of public services. services in electronic form;

1-1) withdrawal is an action by state bodies aimed at terminating a private owner or land user's ownership or land use rights to a land plot in accordance with the procedure and under the conditions provided for by this Code and the laws of the Republic of Kazakhstan.;

2) special land fund - reserve lands formed at the expense of agricultural lands, as well as land plots that are not used for their intended purpose or used in violation of the legislation of the Republic of Kazakhstan, and lands that have been abandoned by holders of conditional land shares and land users;

3) affiliated person - an organization that is a subsidiary of a non-governmental legal entity or is recognized as an affiliated joint-stock company;

3-1) gardening is a type of activity carried out on a land plot for growing crops and perennial tree and shrub plantings.;

4) primary land users are persons whose right of land use has been obtained directly from the state in accordance with the procedure provided for in Article 32 of this Code, or from other primary land users in the manner of alienation of this right.;

4-1) the boundary of the assessment zones is the boundary of a part of the territory of settlements, where correction factors are set for basic rates of payment for land plots provided by the state, depending on the level of infrastructure development.;

4-2) horticulture is a type of activity carried out on a plot of land for growing crops, with the exception of perennial tree and shrub plantations;

5) the unified state register of lands is the final document of the accounting of land plots as part of the state land cadastre, containing legal, identification, economic and other characteristics.;

5-1) public cadastral map is a digital map that contains information (information) from the land, legal and urban planning cadastres of the Republic of Kazakhstan, as well as other information from government agencies and (or) organizations in accordance with the legislation of the Republic of Kazakhstan.;

6) the right of temporary use of a privately owned land plot is the right of a subject to own and use a land plot arising on the basis of an agreement on the temporary use of a land plot between the owner of the land plot and a temporary user (tenant or gratuitous user);

7) land is the territorial space within which the sovereignty of the Republic of Kazakhstan, a natural resource, the entire common means of production and the territorial basis of any labor process are established.;

8) the right to dispose of land is the legally secured right of the state to determine the legal fate of land in the territory of the Republic of Kazakhstan, as well as the right of a private owner to make transactions with respect to his land plot that are not prohibited by the laws of the Republic of Kazakhstan;

8-1) land management project - a scheme (plan) of a land plot, information on the area of the land plot, its boundaries and location, information on related owners and land users of land plots and on encumbrances and easements on land plots.

The composition and content of the land management project are established on the basis of regulatory legal acts adopted in accordance with this Code.;

9) decisions of local executive bodies - legal acts of local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, as well as akims of cities of regional significance, towns, villages, rural districts on granting the right to a land plot;

10) rent for land - payment for temporary paid land use;

11) the right to own land is a legally secured opportunity to actually own land.;

12) land cadastre - a system of information about land, an integral part of state cadastres;

12-1) Land Commission – a collegial body under the local executive body of a region, a city of regional significance (on the territory transferred to its administrative subordination) and a district for reviewing applications (applications) and preparing conclusions on granting rights to land plots (on determining the winner of a tender for granting the right to temporary paid land use (lease) for farming, agricultural production facilities), on changing the purpose of land plots (with the exception of lands of settlements) and on the transfer of lands of the water fund to lands of other categories;

13) authorized body for land relations is a structural subdivision of local executive bodies of a region, city of republican significance, capital, district, city of regional significance, performing functions in the field of land relations (hereinafter referred to as the authorized body of a region, city of republican significance, capital, district, city of regional significance;

13-1) Is excluded by the Law of the Republic of Kazakhstan dated 30.06.2021 No. 59-VII (effective from 01.01.2022).

14) the object of land relations is the entire land within the territory of the Republic of Kazakhstan, individual land plots, regardless of what is located on them, and regardless of the legal grounds for their assignment to individual entities, as well as the rights to land plots and land shares;

15) land legal relations - legal relations on the use and protection of land related to the management of land resources, the assignment of land plots to individual entities, the exercise of ownership and other rights to land;

16) subjects of land legal relations - individuals and legal entities, as well as states that are participants in land legal relations and therefore have rights and responsibilities in this legal relationship.;

17) land use right - the right of a person to own and use a land plot owned by the state for an indefinite period (permanent land use) or for a certain period (temporary land use) on a paid and (or) gratuitous basis;

18) land resources - land that is used or can be used in the course of economic and other activities to meet the material, cultural and other needs of society;

19) the central authorized body for land resources management is a state body responsible for regulating land relations (hereinafter referred to as the central authorized body).;

20) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);

20-1) the register of persons from whom land plots have been forcibly seized is a set of data recorded on paper and (or) electronic media providing identification of individuals and legal entities from whom land plots have been forcibly seized on the basis of a court decision that has entered into legal force, in accordance with Articles 92 and 93 of this Code;

21) land plot - a part of the land allocated within closed borders, assigned in accordance with the procedure established by this Code to the subjects of land relations;

22) payment for the sale of the right to lease a land plot is a one-time payment for a publicly owned land plot granted on the right of temporary paid land use (lease).;

23) the right of private ownership of a land plot is the right of citizens and non-governmental legal entities to own, use and dispose of a land plot belonging to them on the grounds, conditions and within the limits established by this Code.;

24) title document for the land plot - a document confirming the occurrence of legal facts (legal structures) on the basis of which the rights to a land plot arise, change or terminate, including contracts, court decisions, legal acts of executive bodies, certificate of inheritance, transfer act or separation balance sheet during the reorganization of non-governmental legal entities owning a land plot by right of ownership or who have bought the right of temporary paid land use (lease), protocol on the results of auctions for the sale of a land plot or the right to lease a land plot;

25) identification document for a land plot is a document containing the identification characteristics of a land plot necessary for the purposes of maintaining land, legal and urban planning cadastres.;

26) pledge of a land plot or land use rights - a method of securing the fulfillment of obligations based on a pledge agreement or on the basis of the laws of the Republic of Kazakhstan, by virtue of which the creditor (mortgagee) has the right, in case of non-fulfillment by the debtor of the obligation secured by the pledge, to obtain satisfaction from the value of the pledged land plot or land use right primarily before other creditors of the person who owns this land plot or land use right (mortgagor), except for exceptions established by the Civil Code of the Republic of Kazakhstan;

27) unauthorized occupation of a land plot is the occupation of someone else's land plot without the permission of the land plot owner or land user, as well as the occupation of a land plot owned by the state and not provided for land use, without an appropriate decision of the Government of the Republic of Kazakhstan or a local executive body;

27-1) the land cadastre plan of a land plot (hereinafter referred to as the land cadastre plan) is a document containing the identification characteristics of a land plot provided for construction purposes within a settlement, village, necessary for the purposes of maintaining land, legal and urban cadastre;

28) land share - a quantified share of participation, together with other persons, in the rights and obligations to a land plot, which may be allocated in the cases and under the conditions established by this Code and other laws of the Republic of Kazakhstan.;

28-1) cadastral passport of the real estate object – an identification document containing the technical and identification characteristics of a primary or secondary real estate object, as well as the identification characteristics of a land plot located in cities of republican significance, the capital, cities of regional and district significance, in accordance with a form approved by the state body responsible for state regulation and control of activities in the field of state registration of rights to immovable property and state technical inspection real estate;

28-2) the information system of the unified State cadastre of real estate is an information system containing information from land and legal cadastres, the procedure for maintaining which is determined by this Code and the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property";

29) excluded by the Law of the Republic of Kazakhstan dated 05/13/2021 No. 39-VII (effective ten calendar days after the date of its first official publication);

30) cadastral (estimated) value - the estimated value of a land plot used when the state sells a land plot or the right to lease it, determined on the basis of basic rates of payment for land plots, periodically updated according to official statistical information on the general level of inflation and correction factors to them.;

31) secondary land users - persons who have obtained the right of temporary land use on the basis of a secondary land use agreement from a primary land user who retains this status.;

32) a condominium is a special form of ownership (other right) to real estate, in which certain parts of real estate are in separate (individual) ownership (other right) of individuals and (or) legal entities, and those parts of real estate that are not in separate ownership, including land, belong to them on the right of common shared ownership (other common law) and are inseparable from the rights to parts of real estate that are in separate (individual) ownership (other law);

32-1) is excluded by the Law of the Republic of Kazakhstan dated 04/05/2023 No. 221-VII (effective from 07/01/2023).

33) state land users - state republican and municipal legal entities;

34) state grants in kind – land plots provided on the right of temporary gratuitous land use to a legal entity of the Republic of Kazakhstan for the implementation of an investment project with subsequent gratuitous transfer to ownership or land use in accordance with the procedure established by this Code and the legislation of the Republic of Kazakhstan in the field of investments;

35) non-governmental land users - citizens and (or) non-governmental legal entities;

36) objects of ownership - lands that are in state and private ownership;

36-1) territorial subdivision of the department of the central authorized body (hereinafter referred to as the territorial subdivision) – territorial divisions for the management of land resources of regions, cities of republican significance, and the capital of the department of the central authorized body that exercise state control over the use and protection of land;

37) personal subsidiary farming is a type of activity for satisfying one's own needs on a land plot located in rural and suburban areas;

38) easement - the right of limited targeted use of someone else's land, including for passage, passage, laying and operation of necessary communications, hunting and fishing farms, aquaculture and other needs;

39) the soil layer is the surface layer of the earth's land, a special natural formation that possesses only its inherent structure, composition and properties.;

40) the base fee rate is the standard price of a land plot for determining its cadastral (estimated) value when the state grants the right of private ownership of a land plot or sells the right of temporary paid land use (lease).;

41) permanent land users - persons whose right of land use is of an indefinite nature;

42) temporary land users - persons whose right of land use is limited for a certain period of time;

43) national land users - citizens of the Republic of Kazakhstan, legal entities established in accordance with the legislation of the Republic of Kazakhstan;

43-1) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

44) conditional land share is a quantified share of members of liquidated or reorganized collective farms, employees of state agricultural organizations transformed into non-state ones, as well as other persons specified in this Code, in accordance with which rights to land plots that were previously part of the land use of these organizations are granted, or other rights provided for by by this Code;

45) foreign land users - foreigners, stateless persons, legal entities established in accordance with the legislation of foreign states (foreign legal entities), foreign states, international associations and organizations;

46) a functional zone is a conditional zone that includes a group of designated land plots in populated areas with a single mode of their use.

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

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Republic of Kazakhstan

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