Article 148. Rights and duties of officials of bodies exercising state control over the use and protection of lands of the Land Code of the Republic of Kazakhstan

     1. Officials exercising state control over the use and protection of lands have the right to:  

     1) send materials on violations of the land legislation of the Republic of Kazakhstan to the relevant authorities or the State Corporation in order to resolve the issue of bringing the perpetrators to justice;  

     2) to draw up protocols on administrative offenses for violation of the land legislation of the Republic of Kazakhstan;  

     3) to make decisions on cases of administrative offenses for violation of the land legislation of the Republic of Kazakhstan;  

     4) prepare and file lawsuits in court regarding compensation for damage resulting from violations of the land legislation of the Republic of Kazakhstan, forced seizure of land plots that are not used for their intended purpose and have not been developed or used in violation of the legislation of the Republic of Kazakhstan, cancellation of unlawful decisions related to the provision, change of purpose, seizure, forced alienation for state needs of land land plots, as well as the execution of documents issued by government officials, state control over the use and protection of lands, regulations on the elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan in cases of non-fulfillment within the time period specified in the regulation, or improper execution by the persons to whom these regulations were issued, and the collection of fines from individuals, officials and legal entities;

     5) freely visit organizations, inspect land plots owned and used, and land plots occupied by military, defense and other special facilities, subject to the established visiting regime upon presentation of documents provided for in paragraph 3 of Article 147 of the Entrepreneurial Code of the Republic of Kazakhstan;  

     6) to give owners of land plots and land users, as well as officials of local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, the State Corporation, akims of cities of regional significance, towns, villages, rural districts mandatory instructions for the elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan;

     6-1) give instructions on the elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan;

     7) suspend industrial, civil and other construction, development of mineral deposits, operation of facilities, carrying out agrotechnical, forestry, exploration, prospecting, geodetic and other works if they are carried out in violation of the land legislation of the Republic of Kazakhstan, the established regime for the use of lands of specially protected areas and may lead to destruction, pollution, contamination or damage the fertile soil layer, the development of erosion, salinization, waterlogging and other processes that reduce soil fertility, including the adjacent territory, as well as if these works are carried out on projects that have not passed the examination or received a negative conclusion.;  

     8) receive statistical information on the state of the land fund from government agencies;  

     9) suspend the construction of residential and industrial facilities in the absence of title and identification documents.  

     2. Officials exercising state control over the use and protection of lands are obliged to:  

     1) take timely measures against violators of the land legislation of the Republic of Kazakhstan;  

     2) objectively prepare the materials of the inspections.

     3. Decisions, actions (inaction) of officials exercising state control over the use and protection of lands, and the information that served as the basis for actions (decision-making) may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     An application for decisions, actions (inaction) of officials exercising state control over the use and protection of lands, and information that served as the basis for actions (decision-making) is submitted to the court after their appeal to a higher official.

     4. Officials and individuals who impede the implementation of state control over the use and protection of lands, using threats of violence or violent actions against officials exercising state control over the use and protection of lands, are responsible in accordance with the laws of the Republic of Kazakhstan.  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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