Article 43-1. Specifics of the provision of state-owned land plots for farming or agricultural production of the Land Code of the Republic of Kazakhstan
1. The provision of land plots owned by the state and not provided for land use on the right of temporary paid land use (lease) for farming or agricultural production is carried out on the basis of a tender for granting the right of temporary paid land use (lease) for farming or agricultural production (hereinafter referred to as – competition) in accordance with the procedure and conditions established by this article, with the exception of the cases specified in paragraph 3 of this Article.
2. In case of refusal to grant the right to a land plot for farming or agricultural production due to the need for such provision at tenders by local executive bodies of districts and cities of regional significance, tenders for the requested land plot must be held no later than ninety calendar days from the date of the decision to refuse to grant the right to the land plot.
3. Displaced persons in regions designated by the Government of the Republic of Kazakhstan shall be provided with land plots for farming or farming out of competition on the right of temporary short-term paid land use (lease) for up to five years in amounts not exceeding the minimum amounts established in accordance with paragraph 5 of Article 50 of this Code, without the right to alienate, transfer to as a contribution to the authorized capital of a business partnership, to pay for shares of a joint-stock company, or as a contribution to a production cooperative.
Repeated provision of land plots for the specified purposes is not allowed.
A change of permanent place of residence from the regions determined by the Government of the Republic of Kazakhstan shall entail the termination of the land use right granted on the basis of part one of this paragraph in accordance with Article 81 of this Code.
Displaced persons residing in regions designated by the Government of the Republic of Kazakhstan for more than five years are granted the right to conclude a contract for a new term on the right of long-term land use in accordance with the procedure provided for in Article 37 of this Code.
The provisions specified in the first part of this paragraph do not apply to a contract concluded for a new term.
4. The competition is conducted using the web portal of the register of state property in electronic form in accordance with the procedure determined by the central authorized body.
The organization and holding of the competition are carried out by local executive bodies of districts and cities of regional significance.
5. The land plot is put up for tender after:
publication of the notice of the competition;
carrying out land management works.
6. The provision of pastures at the competition is carried out taking into account the Plan for the management and use of pastures.
7. The maximum size of land plots put up for tender is determined by joint decisions of local representative and executive bodies of districts and cities of regional significance, depending on local conditions and specifics.
In this case, the specified dimensions must not exceed the maximum size of land plots established in accordance with paragraph 4 of Article 50 of this Code.
8. Does not have the right to participate in ongoing competitions:
persons who are on the register of persons whose land plots have been forcibly seized;
winners of past contests who refused to sign a temporary paid land use (lease) agreement for agricultural land for farming or agricultural production within one year from the date of such contests.
9. The results of the competition are formalized by the protocol. The protocol on the results of the competition may be appealed to the court.
The protocol on the results of the competition is the basis for the adoption by local executive bodies of districts and cities of regional significance of a decision on granting the right of temporary paid land use (lease) to a land plot.
10. The authorized body of districts, cities of regional significance within one working day sends the decision of the local executive bodies of districts, cities of regional significance on granting the right of temporary paid land use (lease) of agricultural land for farming or agricultural production to the republican state enterprise on the right of economic management, established by decision of the Government of the Republic of Kazakhstan, for drawing up a passport of agricultural land plots.
11. Based on the decision of the local executive bodies of districts and cities of regional significance on granting the right of temporary paid land use (lease) to a land plot by the authorized body of districts and cities of regional significance, a contract for temporary paid land use (lease) of agricultural land for farming or agricultural production is concluded with the winner of the competition.
12. Based on the results of the concluded agreement on temporary paid land use (lease) of an agricultural land plot for farming or agricultural production, its use is monitored, including the fulfillment by the winner of the competition of the obligations assumed following the results of the competition:
1) the first five years of the lease annually;
2) in subsequent periods: on irrigated agricultural land – every three years, on non–irrigated agricultural land - every five years.
13. Monitoring of the use of agricultural land plots provided for farming or agricultural production is carried out in accordance with the procedure determined by the central authorized body.
The positive results of monitoring the use of agricultural land plots provided for farming or agricultural production are the basis for concluding such an agreement for a new period in accordance with the procedure determined by the central authorized body.
The Land Code of the Republic of Kazakhstan dated June 20, 2003 No. 442.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 8, 2026, No. 342-VIII SAM
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