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Article 43-1. The specifics of the provision of state-owned land for peasant or farm farming, 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 in accordance with the procedure and conditions established by the Legislation of the Russian Federation. this article.
1-1. In case of refusal to grant the right to a land plot due to the need for such provision at tenders for granting the right to temporary paid land use (lease) for farming or agricultural production by the local executive body of the city of regional significance and the district, tenders for the requested land plot must be held no later than ninety calendar days from the date of the decision about the refusal to grant the right to a land plot.
1-2. Displaced persons in regions designated by the Government of the Republic of Kazakhstan are provided with land plots for farming or farming on the right of temporary short-term paid land use (lease) for up to five years in a non-competitive manner in amounts not exceeding the minimum amounts established in accordance with paragraph 5 of Article 50 of this Code, without the right of alienation, transfer 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.
The 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 of long-term land use rights in accordance with the procedure provided for in Article 37 of this Code.
The restrictions specified in the first part of this paragraph do not apply to a contract concluded for a new term.
2. The list of land plots put up for tender for granting the right of temporary paid land use (lease) for farming, agricultural production, is formed by the authorized body of the district, city of regional significance, taking into account previously received applications for the provision of such land plots and is coordinated with public councils, non-governmental organizations in the field of agro-industrial complex, the National Chamber of Entrepreneurs The Republic of Kazakhstan and local self-government bodies.
The inclusion of pastures in the list of land plots put up for tender for granting the right of temporary paid land use (lease) for farming, agricultural production, is carried out taking into account the Plan for the management of pastures and their use.
The coordinating bodies and organizations, within ten working days from the date of receipt of the list of land plots put up for tender for granting the right of temporary paid land use (lease) for farming, agricultural production, with a diagram of their location, submit conclusions with a reasoned justification for their position.
The list of land plots put up for tender for granting the right of temporary paid land use (lease) for farming, agricultural production, is considered agreed upon in the event of a positive conclusion from at least three-quarters of the total number of approving bodies and organizations.
The agreed list of land plots put up for tender for granting the right of temporary paid land use (lease) for farming, agricultural production, is approved by the local executive body of the district, city of regional significance within three working days from the date of approval.
The land plots included in the list are put up for tender to grant the right of temporary paid land use (lease) for peasant or farm management, agricultural production after land management works, the period of which should not exceed forty-five working days from the date of approval of the specified list.
2-1. The maximum sizes of land plots put up for tender for granting the right of temporary paid land use (lease) for farming or agricultural production are 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.
3. The organization and holding of a tender for granting the right of temporary paid land use (lease) for farming or agricultural production are carried out by local executive bodies of districts and cities of regional significance.
4. The local executive body of a district or city of regional significance, in order to ensure the holding of a tender for granting the right to temporary paid land use (lease) for farming or agricultural production, shall carry out:
1) publication of a notice on holding a tender for granting the right of temporary paid land use (lease) for farming or agricultural production in periodicals distributed in the territory of the relevant administrative-territorial unit, as well as on the Internet resource of the local executive body;
2) sending notices on holding a tender for granting the right of temporary paid land use (lease) for farming or agricultural production to local executive bodies of districts and cities of regional significance within the relevant region, as well as to the central authorized body for posting on its Internet resource.
To ensure the availability of information on the holding of a tender for granting the right of temporary paid land use (lease) for farming, agricultural production, the local executive body of the district, city of regional significance in accordance with subparagraph 2) The first part of this paragraph places this notice on its Internet resource, as well as special information stands of government agencies in places accessible to the public, and immediately sends it to the akims of cities of regional significance, towns, villages., rural districts for placement on their Internet resources and special information stands in places accessible to the public.
5. The notification must contain:
1) the date, time and place of the tender for granting the right of temporary paid land use (lease) for farming, agricultural production, as well as the deadline and place of submission of applications;
2) characteristics of the land plot (location, area, composition of land, qualitative characteristics of soils, bonus score, water availability, agricultural specialization of the region).
6. The local executive body of a district or city of regional significance begins accepting applications for participation in a tender for granting the right to temporary paid land use (lease) for farming or agricultural production upon the expiration of thirty calendar days from the date of the first publication of a notice of a tender for granting the right to temporary paid land use (lease) for farming or farming agriculture, agricultural production in periodicals, distributed on the territory of the relevant administrative-territorial unit, and on the Internet resource of the local executive body, and in the case of a repeat competition - after fifteen calendar days.
Acceptance and registration of applications for participation in a tender for granting the right to temporary paid land use (lease) for farming or agricultural production is carried out within fifteen working days from the date of the start of the application, and in the case of a repeat tender – within ten working days.
An application for participation in a tender for granting the right of temporary paid land use (lease) for farming or agricultural production is submitted on paper or via the electronic government web portal in accordance with the legislation of the Republic of Kazakhstan with mandatory assignment of a registration number and notification to the applicant.
An application for participation in a tender for granting the right of temporary paid land use (lease) for farming or agricultural production, submitted through the e-government web portal, is sent to the local executive body of the district or city of regional significance on the day of summing up the results of the competition in accordance with the procedure determined by the central authorized body.
7. The day of the end of the competition for granting the right of temporary paid land use (lease) for farming, agricultural production is considered to be the day of summing up its results.
The results of the competition for granting the right to temporary paid land use (lease) for farming or agricultural production are summarized on the day following the deadline for submitting applications for participation in the competition for granting the right to temporary paid land use (lease) for farming or agricultural production.
8. Persons who are in the register of persons from whom land plots have been forcibly seized, as well as persons specified in paragraph five of paragraph 19 of this Article, are not entitled to participate in ongoing tenders for granting the right to temporary paid land use (lease) for farming or agricultural production.
9. An application for participation in a tender for granting the right of temporary paid land use (lease) for farming or agricultural production must contain:
1) for non–governmental legal entities of the Republic of Kazakhstan – the name of the legal entity, its location, information on state registration (re-registration) as a legal entity, information on the managers and participants or shareholders of the applicant - legal entity, indicating the amount of their share in the authorized capital (of the total amount of the authorized capital), information on affiliated companies the applicant;
2) for individuals – the surname, first name and patronymic (if it is indicated in the identity document) of the applicant, place of residence, citizenship, individual identification number, information about the identity document of the applicant;
3) the location of the land plot claimed by the applicant;
4) competitive offer;
5) obligations to conclude a contract for temporary paid land use (lease) of an agricultural land plot for farming or agricultural production within three working days from the date of receipt of the notification of the need to sign the said contract if the applicant is recognized as the winner of the tender for granting the right to temporary paid land use (lease) for farming or farming, agricultural production.
An application for participation in a tender for granting the right of temporary paid land use (lease) for farming or agricultural production may be submitted by authorized representatives of an individual or a non-governmental legal entity of the Republic of Kazakhstan on the basis of a power of attorney issued and executed in accordance with the legislation of the Republic of Kazakhstan.
10. The tender offer, with the exception of the provision of a land plot for aquaculture, must contain:
The competitive offer for conducting aquaculture must contain:
1) business plan (projected volume of investments, area of cultivation of agricultural crops, number of farm animals, applied agricultural technologies, availability of agricultural machinery and technological equipment, qualified specialists in the field of agriculture, the number of jobs created);
2) obligations for the preparation and development of an on-farm land management project, the implementation of measures for the development of agricultural infrastructure;
3) obligations to comply with the requirements of the land legislation of the Republic of Kazakhstan, including the rules for the rational use of agricultural land and the rules for the rational use of pastures, the implementation of indicative indicators for diversifying the structure of acreage in accordance with the specialization of the region, compliance with scientifically sound agricultural technologies, phytosanitary and quarantine requirements.
The competitive offer for conducting aquaculture must contain:
1) business plan (projected volume of investments, volume of cultivation of aquaculture facilities, availability of appropriate infrastructure and equipment for aquaculture, qualified specialists in the field of aquaculture, number of jobs created);
2) obligations to comply with the requirements of the land legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of aquaculture.
The tender offer is submitted in a closed envelope in a stitched form with numbered pages, except in cases when it is submitted via the e-government web portal.
11. The obligations and business plan proposed by the applicant in the tender offer are an integral part of the contract for temporary paid land use (lease) of agricultural land for farming or agricultural production.
12. An application for participation in a tender for granting the right of temporary paid land use (lease) for farming or agricultural production that does not comply with the requirements of paragraph 9 of this Article is subject to rejection.
13. A tender for granting the right of temporary paid land use (lease) for farming or agricultural production is conducted by the land commission in accordance with paragraph 2 of Article 43 of this Code.
14. The winner of the competition for granting the right of temporary paid land use (lease) for farming, agricultural production is determined by the land commission on the basis of a comparison of bids by awarding points, taking into account the relevant criteria.
Persons who have lived in a given area, city, village, or settlement for at least 5 years are given an advantage to agricultural cooperatives in the form of awarding additional points to their bids when receiving a land plot in accordance with the procedure determined by the central authorized body.
The Land Commission evaluates, compares the bids and determines the winning bid.
When considering bids and applications for participation in a tender for granting the right to temporary paid land use (lease) for farming, agricultural production, grammatical and arithmetic errors that do not affect the substance of the submitted bids and applications, which can be corrected, are not taken into account.
15. The results of the tender for granting the right of temporary paid land use (lease) for farming or agricultural production are formalized by a protocol decision of the land commission.
The protocol decision of the land commission is signed by the chairman and all members of the land commission who participated in the meeting, as well as by the secretary of the Land Commission on the day of summing up.
In case of disagreement with the protocol decision of the land commission, a member of the land commission has the right to express a dissenting opinion, which must be stated in writing and attached to the protocol decision of the land commission.
The protocol decision signed by the members of the land commission on the results of the tender for granting the right to temporary paid land use (lease) for farming or agricultural production is posted on the Internet resource of the authorized body of the district, city of regional significance within one working day and sent to all applicants and the central authorized body no later than three working days for posting on his Internet resource.
The protocol decision of the land commission on the results of the tender for granting the right to temporary paid land use (lease) for farming or agricultural production may be appealed to the court. Filing an application to the court suspends the execution of the protocol decision of the land commission.
16. The protocol decision of the land Commission on the results of the tender for granting the right of temporary paid land use (lease) for farming or agricultural production contains the following information about:
1) applicants whose applications for participation in the competition were rejected, with a reasoned answer of the reasons for their rejection;
2) the applicant, whose application for participation in the competition was approved, indicating the arguments that served as the basis for determining him as the winner.
17. The protocol decision of the land commission on the results of the tender for granting the right of temporary paid land use (lease) for farming or agricultural production is sent within two working days to the local executive body of the district, city of regional significance for making a decision on granting the right of temporary paid land use (lease) of agricultural land for farming or farming. farms or agricultural production.
The local executive body of a district or city of regional significance makes a decision on granting the right of temporary paid land use (lease) of an agricultural land plot for farming or agricultural production no later than three working days from the date of receipt of the protocol decision of the land commission on the results of the tender for granting the right of temporary paid land use (lease) for farming or agricultural production. farming, agricultural production.
18. On the basis of a decision of the local executive body of a district or city of regional significance on granting the right of temporary paid land use (lease) of an agricultural land plot for farming or agricultural production, the authorized body of the district, the city of regional significance, within three working days from the date of the said decision, prepares a draft agreement for temporary paid land use (lease) of an agricultural land plot for farming or agricultural production in accordance with a standard agreement for temporary paid land use (lease) of an agricultural land plot for farming or agricultural production and notifies the winner of the contest.
19. The winner of the competition for granting the right of temporary paid land use (lease) for farming or agricultural production must, within three working days from the date of receipt of the notification, appear at the authorized body of the district, city of regional significance to sign a contract for temporary paid land use (lease) of agricultural land for farming or agricultural production. production facilities.
The notification is sent to the winner of the competition for granting the right of temporary paid land use (lease) for farming or agricultural production by the authorized body of the district, city of regional significance by registered letter, telegram with delivery notification, including by telephone notification, short text messages via cellular communication channels or e-mail, as well as using other means of communication that ensure the recording of the notification.
In case of refusal to sign a contract for temporary paid land use (lease) of an agricultural land plot for farming or agricultural production, the winner of the competition for granting the right to temporary paid land use (lease) for farming or agricultural production must notify the authorized body of the district or city of regional significance in writing.
If the winner of the tender for granting the right of temporary paid land use (lease) for farming or agricultural production does not sign a contract for temporary paid land use (lease) of agricultural land for farming or agricultural production within the time limits established by this paragraph, the local executive body of the district, The city of regional significance, within three working days from the date of receipt of a written refusal on paper or non-signing of the above-mentioned agreement, decides to re-hold a tender for granting the right to temporary paid land use (lease) for farming or agricultural production and sends it to the land commission.
The winner of a tender for granting the right of temporary paid land use (lease) for farming or agricultural production, who refuses to sign a contract for temporary paid land use (lease) of agricultural land for farming or agricultural production, is not eligible to participate in subsequent tenders for one year.
20. Based on the results of the concluded agreement on temporary paid land use (lease) of an agricultural land plot for farming or agricultural production, the use of agricultural land provided for farming or agricultural production is monitored, including the fulfillment by the winner of the obligations assumed for the use of land:
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.
The positive results of monitoring the use of agricultural land provided for farming or agricultural production, conducted with the participation of representatives of the public council, non-governmental organizations in the field of the agro-industrial complex and local governments, are the basis for adoption by the local executive body of the district., the decision of the city of regional significance to extend the term of the agreement on temporary paid land use (lease) of an agricultural land plot for farming or agricultural production.
21. A competition for granting the right of temporary paid land use (lease) for farming or agricultural production is considered invalid in the following cases::
1) the receipt of less than two applications for participation in the competition for each land plot put up for competition;
2) if less than two participants are allowed to participate in the competition for each land plot put up for competition.
The recognition of a competition for granting the right of temporary paid land use (lease) for farming or agricultural production as invalid is formalized by a protocol decision of the land commission, which is posted on the Internet resource of the local executive body of the district, the city of regional significance and the authorized body of the district, the city of regional significance within three working days.
22. In case of recognition of the competition for granting the right of temporary paid land use (lease) for farming or agricultural production as invalid, the local executive body of the district or city of regional significance shall conduct a repeat competition in accordance with the procedure and terms provided for in this article.
The footnote. Chapter 5 is supplemented by Article 43-1 in accordance with the Law of the Republic of Kazakhstan dated 05/04/2018 No. 151-VI (effective ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10/28/2019 No. 268-VI (effective ten calendar days after the date of its first official publication); No. 59-VII dated 30.06.2021 (effective from 01.01.2022); No. 221-VII dated 05.04.2023 (effective from 01.07.2023); dated 02/27/2024 No. 65-VIII (effective sixty calendar days after the date of its first official publication).
The Land Code of the Republic of Kazakhstan dated June 20, 2003
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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