Commentary to article 342-1. Violation of the State land cadastre The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the State land cadastre related to:
1) formation of the cadastral file of the land plot;
2) taking into account the quality of lands, including their economic assessment and monitoring of lands, conducting soil, geobotanical, agrochemical surveys and soil bonification;
3) taking into account the number of lands, owners of land plots and land users, as well as other subjects of land relations for the purposes of state registration;
4) state cadastral valuation of lands, including determination of the cadastral (estimated) value of land plots; drawing up diagrams of the boundaries of assessment zones in settlements with the establishment of correction coefficients for basic rates of payment for land plots; calculation of basic rates of payment for land plots; determination of losses of agricultural production during the seizure of agricultural land for purposes unrelated to with farming;
5) accumulation, processing and maintenance of a database of data on land plots and their subjects, as well as other land cadastre information on paper and in electronic form;
6) maintaining an automated information system of the state land cadastre;
7) production and maintenance of land cadastre maps, including digital ones;
8) maintaining the land registry book and the unified state register of lands;
9) production and issuance of identification documents for the land plot;
10) preparation of a land cadastre plan;
11) assignment of cadastral numbers to land plots;
12) production of passports of land plots, –
entails a fine for officials in the amount of twenty monthly calculation indices.
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The object of the offense is the established procedure for maintaining the state land cadastre.
The State Land cadastre in the Republic of Kazakhstan is maintained in order to provide government agencies, individuals and legal entities with information about land and individual land plots. The state land cadastre is maintained in accordance with the Land Code of the Republic of Kazakhstan and the regulatory documents adopted in its development by the central authorized bodies of the Republic of Kazakhstan, which determine the content of the state land cadastre as an information system and establish the principles of state registration of formed objects and cadastral registration of land plots. Land plots located on the territory of the Republic of Kazakhstan are subject to state cadastral registration, regardless of the form of ownership of the land, the intended purpose and the permitted nature of the use of land plots.
The organization of the state land cadastre is carried out by the Land Resources Management Committee of the Ministry of Agriculture of the Republic of Kazakhstan, and the cadastre itself is conducted by the Non-profit Joint-Stock Company State Corporation Government for Citizens according to a unified system throughout the country and represents consistent actions for collecting, documenting, accumulating, processing, accounting and storing information about land plots.. The activity of maintaining the state land cadastre belongs to the state monopoly.
In accordance with clause 5) of Article 12 of the Land Code, the Unified State Register of Lands is "the final document of land registration as part of the state land cadastre, containing legal, identification, economic and other characteristics."
According to clause 12) of Article 12 of the Land Code, the "land cadastre" is "a system of land information, an integral part of state cadastres".
Clause 25) of Article 12 of the Land Code states that "an 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".
In accordance with paragraph 9 of Article 43 of the Land Code, the identification documents for a land plot issued by the State Corporation conducting the State Land cadastre are:
in case of private ownership of a land plot - an act on the right of private ownership of a land plot;
in case of permanent land use - an act on the right of permanent land use;
in case of temporary paid land use (lease) - an act for the right of temporary paid (long-term, short-term) land use (lease);
in case of temporary gratuitous land use - an act for the right of temporary gratuitous land use.
Upon transfer of rights to a land plot, the identification document is transferred to the acquirer or another rightholder. In the absence of changes in the identification characteristics of the land plot by the State Corporation conducting the state land cadastre, a new identification document is not issued, but information on the transfer of rights to the land plot is entered into the land registry book and the unified state register of lands based on information from the legal cadastre provided by the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property".
152 of the Land Code stipulates that the state land cadastre is a system of information on the natural and economic status of the lands of the Republic of Kazakhstan, location, intended use, size and boundaries of land, their qualitative characteristics, accounting for land use and cadastral value of land, and other necessary information. The state land cadastre also includes information about the subjects of rights to land plots.
An integral part of the land cadastre is the land reclamation cadastre of irrigated lands, which is a system of information on the reclamation status of irrigated land, assessment of their qualitative characteristics according to natural and irrigation-economic conditions, and accounting for their use.
The legal obligation is stipulated in Article 153 of the Land Code, according to which the maintenance of the state land cadastre includes the following types of activities:
1) formation of the cadastral file of the land plot;
2) accounting of land quality, including their economic assessment and monitoring of land, conducting soil, geobotanical, agrochemical surveys and soil bonification;
3) accounting of the number of lands, owners of land plots and land users, as well as other subjects of land relations for the purposes of state registration;
4) state cadastral valuation of land, including the determination of the cadastral (estimated) value of land; drawing up diagrams of the boundaries of assessment zones in settlements with the establishment of correction coefficients for basic rates of payment for land; calculation of basic rates of payment for land; determination of losses of agricultural production during the seizure of agricultural land for purposes unrelated to with farming;
5) accumulation, processing and maintenance of a database of data on land plots and their subjects, as well as other land cadastre information on paper and in electronic form;
6) maintenance of the automated information system of the state land cadastre;
7) production and maintenance of land cadastre maps, including digital ones;
8) maintaining the land registry book and the unified state register of lands;
9) production and issuance of identification documents for a land plot;
10) production of a land cadastre plan;
11) assignment of cadastral numbers to land plots;
12) production of passports of land plots.
Activities related to the maintenance of the State land cadastre include:
1) establishment of local boundaries of administrative-territorial units, specially protected natural territories, lands of the state forest and water resources;
2) drafting projects for the formation and regulation of land use, projects for the reclamation of disturbed lands, the establishment of land boundaries in the area;
3) development of on-farm land management projects for land plots owned by the state and provided for land use for agricultural production;
4) conducting an inventory of land.
Thus, the objective side of the commented offense is related to:
1) formation of the cadastral file of the land plot;
2) taking into account the quality of lands, including their economic assessment and monitoring of lands, conducting soil, geobotanical, agrochemical surveys and soil bonification;
3) taking into account the number of lands, owners of land plots and land users, as well as other subjects of land relations for the purposes of state registration;
4) state cadastral valuation of lands, including determination of the cadastral (estimated) value of land plots; drawing up diagrams of the boundaries of assessment zones in settlements with the establishment of correction coefficients for basic rates of payment for land plots; calculation of basic rates of payment for land plots; determination of losses of agricultural production during the seizure of agricultural land for purposes unrelated to with farming;
5) accumulation, processing and maintenance of a database of data on land plots and their subjects, as well as other land cadastre information on paper and in electronic form;
6) maintaining an automated information system of the state land cadastre;
7) production and maintenance of land cadastre maps, including digital ones;
8) maintaining the land registry book and the unified state register of lands;
9) production and issuance of identification documents for the land plot;
10) production of a land cadastre plan;
11) assignment of cadastral numbers to land plots;
12) production of passports of land plots.
The subjective side is characterized by the fact that the act can be committed either intentionally or negligently.
The subject of the offense is a special official.
According to paragraph 1 of Part 1 of Article 710 of the Administrative Code, the central authorized body for land management considers cases of administrative offenses provided for in Article 342-1 of the Administrative Code.
In clause 19) of Article 12 of the Land Code, "the central authorized body for land management" is "the state body responsible for regulating land relations (hereinafter referred to as the central authorized body)."
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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