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Home / RLA / Article 16. Competence of the local executive body of the region, the city of republican significance, the capital of the Land Code of the Republic of Kazakhstan

Article 16. Competence of the local executive body of the region, the city of republican significance, the capital of the Land Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 16. Competence of the local executive body of the region, the city of republican significance, the capital of the Land Code of the Republic of Kazakhstan

     1. The competence of the local executive body of the region includes:

     1) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);  

     1-1) submission for approval to the local representative body of the region of the boundaries of suburban areas of cities of regional significance;

     1-2) formation of the composition of the land commission, development of regulations on it and sending it for approval to the relevant local representative body;

     2) provision of land plots for subsurface use (for mining; combined exploration and production; construction and (or) operation of underground structures not related to exploration and (or) production), construction (reconstruction) of main pipelines, oil and gas processing facilities, as well as forced alienation of land land plots for government needs during the discovery and development of mineral deposits, for the construction of main pipelines;

     3) provision of land plots for temporary cattle runs of interdistrict significance;  

     4) issuance of permits for the use of land plots for survey work in accordance with paragraph 2 of Article 71 of this Code;  

     5) provision of land plots to state scientific research organizations and their experimental farms, as well as to state seed farms and breeding plants;

     5-1) provision of land plots occupied by territorial waters for the construction of artificial structures in coordination with the authorized state body in the field of use and protection of water resources, water supply, sanitation;

     5-2) development and approval of plans for the development and reconstruction of pasture infrastructure facilities;

     5-3) development and approval of action plans to combat degradation and desertification of pastures;

     5-4) development and approval of action plans for irrigation of pastures;

     6) reservation of lands in accordance with Article 49-2 of this Code;

     6-1) reservation of land plots on the territory of settlements that are part of the agglomeration for the construction of social, transport and engineering infrastructure facilities funded by local executive bodies of the capital and cities of republican significance;

     7) provision and withdrawal, including for state needs, of land plots from lands of all categories in cases related to the creation and expansion of specially protected natural territories of local significance, with the exception of the cases provided for in subparagraph 3) of Article 13 of this Code.;  

     8) regulation of land relations regarding the provision of lands located on the territory of one district, city of regional significance, for long-term use to another district, city of regional significance;

     9) provision and withdrawal, including for state needs, of land plots in the cases provided for in Article 90 of this Code, with the exception of forest fund lands;  

     9-1) establishment of public easements in accordance with Article 69 of this Code;

     10) coordination and management of the activities of district, city (regional significance) executive bodies regarding the use and protection of land resources;

     10-1) 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);  

     10-2) submission of semi-annual and annual reports to the authorized body in the field of development of the agro-industrial complex on:  

     rational use of pastures;  

      carrying out measures to combat degradation and desertification of pastures;  

     carrying out measures for irrigation of pastures;

     10-3) submission for approval to the state bodies specified in the second part of paragraph 1 of Article 120 of this Code of materials on the provision and seizure of land for the needs of defense and national security;

     10-4) provision and withdrawal of land plots for the needs of defense and national security;

     10-5) collecting data on the feed intensity of pastures and the condition of pasture infrastructure facilities;

     11) excluded by the Law 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);  

     12) exercising other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.

     2. The competence of the local executive body of the city of republican significance, the capital in the field of regulation of land relations also includes:  

     1) provision of land plots for private ownership and land use, with the exception of the cases provided for in Article 13 of this Code;  

     1-1) provision of land plots for the construction of facilities for the use of renewable energy sources;

     1-2) is excluded by the Law of the Republic of Kazakhstan dated 04/05/2023 No. 221-VII (effective from 07/01/2023).  

     1-3) approval of the list of government agencies and other organizations to coordinate the scheme of allotment of land in accordance with the standard list;

     2) seizure of land plots, including for state needs, with the exception of the cases provided for in Article 13 of this Code;  

     2-1) the assignment of land plots to public lands on the lands of settlements, as well as exclusion from the composition of public lands in connection with a change in their intended purpose;  

     2-2) excluded by the Law of the Republic of Kazakhstan dated 07/20/2011 No. 464-IV (effective after ten calendar days after its first official publication);  

     3) development of projects for the land management of the territory of settlements under their administrative subordination, for approval by the relevant representative body and ensuring their implementation;  

     3-1) establishment of public easements in accordance with Article 69 of this Code;

     4) submission of land zoning projects (schemes) to the representative bodies of the city of republican significance, the capital for approval;

     4-1) provision of land plots seized for state needs to non-governmental land users for temporary gratuitous land use for the construction of state social facilities (state general education schools and preschool organizations, hospitals and polyclinics) with their further gratuitous transfer, including land plots, without changing the identification characteristics in the communal ownership of the local executive body in accordance with the laws of the Republic of Kazakhstan "On the special status of the city of Almaty" and "On the status of the capital of the Republic of Kazakhstan";

     5) excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (effective after ten calendar days after its first official publication).      

5-1) 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);  

     5-2) placement of approved land management projects for the territory of settlements on special information stands in places accessible to the public and on information resources in electronic form;

     5-3) reservation of lands in accordance with Article 49-2 of this Code;

     5-4) submission for approval to the state bodies specified in the second part of paragraph 1 of Article 120 of this Code of materials on the provision and seizure of land for the needs of defense and national security;

     5-5) provision and withdrawal of land plots for the needs of defense and national security;

     6) exercising other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.

 

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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