Republic of Kazakhstan on issues of soil protection, land relations and agro-industrial complex
Law of the Republic of Kazakhstan dated July 8, 2026 No. 342-VIII SAM
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:
1) add paragraph 1-1 to article 6 as follows::
"1-1. Amendments and (or) additions to this Code are carried out by a law that does not provide for amendments and (or) additions to other laws of the Republic of Kazakhstan, with the exception of draft laws developed in accordance with the legislative initiative of the President of the Republic of Kazakhstan.";
2) add paragraph 5-1 to Article 9 as follows:
"5-1. When providing agricultural land for purposes not related to agriculture, losses of agricultural production are compensated in accordance with Articles 105 and 106 of this Code.";
"""3) in the first paragraph of paragraph 3 of Article 11, the words "geobotanical, soil-reclamation" should be replaced by the words "reclamation, agrochemical, geobotanical surveys";
4) in article 12:
add subparagraph 10-1) as follows:
"10-1) land desertification – degradation of land in arid, semi-arid and dry zones due to climatic conditions due to natural and (or) anthropogenic influences;";
"In subparagraph 12-1), the words "(on determining the winner of the competition for granting the right of temporary paid land use (lease) for farming or agricultural production)" should be deleted.;
subparagraph 39) should be worded as follows:
"39) soil is an independent natural and historical organomineral natural body that arose on the earth's surface as a result of prolonged exposure to biotic, abiotic, and anthropogenic factors, consisting of solid mineral particles and organic substances, water, and air, and having specific genetic and morphological features and properties that create appropriate conditions for plant growth and development;";
"5) Subparagraph 7) of paragraph 1 of Article 14 should be supplemented with the words "and the procedure for its compilation (updating)".;
6) in article 37:
Add "", 7-1)" to the first part of paragraph 2 after the numbers "5)".;
""In subparagraph 1) of paragraph 5, the words "paragraph 1-2" should be replaced by the words "paragraph 3".;
"7)"in the first part of paragraph 1 of Article 42, the words "surface soil layer" should be replaced by the word "soil".;
8) in article 43:
Paragraph 1 should be supplemented with subparagraph 7-1) as follows:
"7-1) drawing up (updating) and issuing passports of agricultural land plots;";
in paragraph 2:
exclude part eight;
In part twelve, the words "subparagraph 1) of part eight and" should be deleted;
In part twenty-sixth, the words ", with the exception of land plots provided in accordance with Article 43-1 of this Code" should be deleted.;
The eighth paragraph of paragraph 7-1 should be worded as follows:
"the number and date of the protocol decision of the land commission, and in cases where the land is provided for farming or agricultural production, the protocol on the results of the tender for granting the right to temporary paid land use (lease) for farming or agricultural production;";
9) Article 43-1 should be worded as follows:
"Article 43-1. The specifics of the provision of state-owned land for farming or agricultural production
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 a grant at competitions 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 granted 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 farming, 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.";
10) in article 65:
in paragraph 1:
add subparagraph 9-1) as follows:
"9-1) take measures to prevent desertification of lands by applying soil protection technologies aimed at maintaining soil moisture, preserving soil fertility and preventing its degradation;";
Subparagraph 12) should be worded as follows:
"12) provide access to land plots for conducting soil, reclamation, agrochemical and geobotanical surveys;";
Replace ""and (or) destruction of fertility" with the words "fertile layer" in subparagraph 14);
add paragraph 1-1 as follows:
"1-1. Owners of land plots and land users bear other duties stipulated by the laws of the Republic of Kazakhstan.";
"11") add the words "reclamation, agrochemical," to the first part of paragraph 1 of Article 71 after the word "soil,";
"12") paragraph 5 of Article 93 after the word "fertility" should be supplemented with the word "soil".;
13) in article 97:
""in the second part of subparagraph 2) of paragraph 6, the words "paragraph 1-2" should be replaced by the words "paragraph 3";
in paragraph 7:
in part one:
replace ""state control over the quality of agricultural land"" with the words "soil protection and rational use of agricultural land";
""soil-reclamation" should be replaced with the words "reclamation, agrochemical";
The second part should be worded as follows:
"The passport of agricultural land plots is issued simultaneously with the contract of temporary paid land use (lease) of agricultural land.";
14) in article 98:
in the second part of paragraph 4:
""soil reclamation condition" should be replaced with the words "soil and reclamation condition".;
the word ""soil reclamation,"" replace the words "reclamation, agrochemical surveys and";
in the first part of paragraph 5:
""Soil conditions" should be replaced with the words "agricultural production soil characteristics of lands" in the second paragraph.;
""soil and reclamation characteristics" should be replaced with the words "soil and reclamation condition" in the third paragraph.;
"""15) in subparagraph 1) of paragraph seven of paragraph 2 of Article 122, the words "fertile layer" should be replaced by the words "soil fertility".;
16) subparagraph 12) of paragraph 2 of Article 147 should be worded as follows:
"12) timely and high-quality implementation of measures to improve land, prevent and eliminate the consequences of erosion, secondary salinization, waterlogging, flooding, desiccation, pollution, soil compaction, cluttering, over-compaction, desertification and other processes causing land degradation;";
17) in subparagraph 7) of paragraph 1 of Article 148, the words "to destruction, pollution, contamination or damage of the fertile soil layer, development of erosion, salinization, waterlogging and other processes that reduce soil fertility" should be replaced by the words "to destruction, pollution, development of erosion, secondary salinization, waterlogging and other processes that reduce soil fertility, loss of a fertile soil layer";
"18") subparagraph 7) of paragraph 3 of Article 149 after the word "soil," add the words "reclamation, agrochemical,";
19) in paragraph 4 of article 150:
Replace ""and soils" with the words "by preserving and increasing soil fertility" in subparagraph 2).;
"subparagraph 3") after the word "soil," add the word "reclamation,";
"20)"in the third paragraph of subparagraph 4) of paragraph 4 of Article 151, the words "soil fertile layer" should be replaced by the word "soil".;
"21") paragraph 5 of Article 152 after the word "soil," add the words "reclamation, agrochemical,";
22) in subparagraph 2) of paragraph 1 of Article 153:
""geobotanical, agrochemical" words should be replaced with the words "reclamation, agrochemical and geobotanical";
replace """ production" with ""compilation (updating)"";
"23) In subparagraph 4) of article 165, the word "fertility" should be deleted.;
"""24) paragraph 6 of Article 166 after the word "soil," add the word "reclamation,".
2. To the Forest Code of the Republic of Kazakhstan dated July 8, 2003:
""" in the second part of paragraph 1 of Article 49, the word "survey" should be replaced by the words "and land reclamation surveys".
3. To the Environmental Code of the Republic of Kazakhstan dated January 2, 2021:
"""1) in the first part of paragraph 2 of Article 6, the words "soil layer" should be replaced by the word "soil".;
"""2) in subparagraph 5) of paragraph 2 of article 66, the words "soil cover" should be replaced by the word "soils".;
"3) in the tenth paragraph of subparagraph 2) of paragraph 1 of Article 112, the word "condition" should be deleted.;
"4) in the fifth paragraph of subparagraph 3) of paragraph 1 of Article 121, the word "state" should be deleted.;
5) in paragraph 2 of article 135:
""Destruction" should be replaced by "violations".;
add "and the legislation of the Republic of Kazakhstan in the field of soil protection";
6) in article 228:
"Soil" "soil" should be replaced by the word "soil" in paragraph 1.;
in paragraph 2:
Replace "Soil" with the word "Soil".;
Replace ""mineral and organic particles" with the words "mineral particles and organic substances";
Paragraph 9 should be worded as follows:
"9. Soil degradation is understood as a process characterized by deterioration of quality, decrease in fertility, biodiversity, and destruction of soil structure due to natural, anthropogenic, and man-made impacts.
Soil depletion refers to the process of reducing soil fertility, reducing biodiversity, and reducing organic and nutrient content.";
7) in article 238:
Subparagraph 2) of paragraph 2 should be worded as follows:
"2) before starting work related to land disturbance, ensure timely removal of the fertile soil layer and its storage in conditions that exclude deterioration of its quality, and use it in accordance with the requirements established by the legislation of the Republic of Kazakhstan;";
Replace "soil" with the word "soil" in subparagraph 1) of paragraph 3.;
Paragraph 8 should be worded as follows:
"8. In order to protect land, land owners and land users are required to take measures aimed at:
1) protection of lands from depletion and desertification, water and wind erosion, mudslides, flooding, waterlogging, secondary salinization, desiccation, compaction, pollution from production and consumption wastes, chemical, biological, radioactive and other harmful substances, from other destruction processes;
2) protection of land from infection by quarantine objects, alien species and especially dangerous harmful organisms, their spread, overgrowth by weeds, shrubs and small forests, as well as from other types of deterioration of land;
3) elimination of the consequences of pollution, including biogenic, and cluttering;
4) maintaining the achieved level of land reclamation;
5) recultivation of disturbed lands, restoration of their fertility and other useful properties of the land and its timely involvement in economic turnover;
6) removal, preservation and use of a fertile soil layer during work related to land disturbance.";
8) Subparagraph 5) of paragraph 2 of Article 317 shall be worded as follows:
"5) removed fertile soil layers;";
"9") in subparagraph 4) of the first part of paragraph 2 of Article 359, the words "soil layer" should be replaced by the words "disturbed lands".
4. To the Law of the Republic of Kazakhstan dated February 11, 1999 "On Plant Quarantine":
"1)"in subparagraph 13-1) of paragraph 1 of Article 7, the words "ratified by the Republic" should be replaced by the word "Republic".;
2) in paragraph 1 of article 12-1:
The second part should be worded as follows;
"A phytosanitary certificate on paper is issued and certified with a personal signature and a stamp of the established sample by the state plant quarantine inspector in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species.";
add parts three and four of the following content:
"A phytosanitary certificate in electronic form is issued and issued through the state digital system in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species.
A phytosanitary certificate on paper and in electronic form is issued for each batch of quarantined products and must certify its quarantine status, have information about disinfection, and meet other additional quarantine phytosanitary requirements for the supply of these products.";
3) in paragraph 2 of article 13:
Add """ to the eighth part after the word "shipments", issued on paper,";
add the following part of the ninth:
"In the places of destination of quarantined products with high phytosanitary risk, the phytosanitary certificate of the State of origin, issued in electronic form, is subject to cancellation by the state plant quarantine inspector through the use of the state digital system in the implementation of quarantine phytosanitary control and supervision."
5. To the Law of the Republic of Kazakhstan dated July 3, 2002 "On Plant Protection":
1) add subparagraph 7-1) to Article 6 as follows:
"7-1) development and approval of rules for granting consent to the production (formulation) of pesticides not registered in the territory of the Republic of Kazakhstan, intended exclusively for export, in coordination with the authorized body in the field of environmental protection and the state body in the field of sanitary and epidemiological welfare of the population;";
2) add paragraphs 1-1 and 2-1 to article 14-6 as follows:
"1-1. Registration (small-scale and production) tests are not required for pesticides produced (formulated) in the territory of the Republic of Kazakhstan and intended exclusively for export.
The sale and (or) use in the territory of the Republic of Kazakhstan of pesticides produced (formulated) and intended exclusively for export (export) is not allowed.";
"2-1. Withdrawal (revocation) of the consent to manufacture (formulation) unregistered pesticides intended exclusively for export (export) is carried out in the cases provided for in paragraphs 1) and (or) 2) paragraph 2 of this Article, or confirmation of the fact of their sale and (or) use in the Republic of Kazakhstan on the territory of based on the state phytosanitary control.".
6. "On State regulation of the development of the agro-industrial complex and rural areas" to the Law of the Republic of Kazakhstan dated July 8, 2005:
1) delete subparagraph 12-1) of Article 1;
2) in paragraph 1 of article 6:
Sub-paragraphs 21), 22) and 25) should be deleted.;
paragraphs six and ten of subparagraph 41) should be deleted;
sub-paragraph 41-5) should be deleted;
3) delete subparagraph 12-8) of paragraph 2 of Article 7;
4) sub-paragraphs 8-3), 8-8) and 8-10) of paragraph 2 of Article 11 should be deleted.;
5) delete article 13-1;
6) paragraph 3 of Article 19-2 should be worded as follows:
"3. The results of monitoring the state of food security are posted by the authorized body in the field of development of the agro-industrial complex on its Internet resource.";
"7)"in paragraph 5 of Article 19-3, the words "in accordance with the physiological norms of consumption" should be replaced by the words "according to the methodology approved by the authorized body in the field of the development of the agro-industrial complex."
7. To the Law of the Republic of Kazakhstan dated July 7, 2006 "On Specially Protected Natural Territories":
"1)"in subparagraph 1) of the fourth part of paragraph 2 of Article 23, the words "fertile layer" should be replaced by the words "soil fertility".;
"2") in subparagraph 4) of paragraph 1 of article 40, the words "soil cover" should be replaced by the word "soil".
8. To the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection":
""In the fifth part of Article 58, the words "lands and restoration of natural fertility of the earth" should be replaced by the words "disturbed lands and restoration of soil".
9. To the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications":
Annex 2 should be supplemented with line 389-1 as follows:
"
Download
389-1.
Granting of consent for the production (formulation) of pesticides not registered in the territory of the Republic of Kazakhstan, intended exclusively for export (export)
A letter of consent for the production (formulation) of pesticides not registered in the territory of the Republic of Kazakhstan, intended exclusively for export
".
10. To the Law of the Republic of Kazakhstan dated June 30, 2016 "On Suspension of Certain Provisions of the Land Code of the Republic of Kazakhstan and the Enactment of the Law of the Republic of Kazakhstan dated November 2, 2015 "On Amendments and Additions to the Land Code of the Republic of Kazakhstan":
""" in subparagraph 4) of article 1, the words "paragraph 1-2" should be replaced by the words "paragraph 3".
11. "To the Law of the Republic of Kazakhstan dated February 20, 2017 "On Pastures":
1) add the following third paragraph to the second part of paragraph 1 of Article 13::
"digital agricultural map data;";
"2) add the words ", as well as data from digital agricultural maps" to the first part of paragraph 1 of Article 16-1.
Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of the fourth paragraph of subitem 4), subitems 5), 6), 8), 9), paragraphs of the second, seventh and eighth subitems 13), paragraph of the third subitem 22) of paragraph 1 and paragraph 10 of Article 1, which will enter into force on January 1, 2027.
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal Advice Civil Criminal Administrative Cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Article Comment Resolution Rules Protocol Draft Program Rules Messages
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages
