Land Code of the Republic of Kazakhstan

Code of the Republic of Kazakhstan dated 20 June, 2003 No.442

Unofficial translation

      Footnote. Throughout the whole text of the Code:
      the words “returnees (oralmans)” are substituted by the word “oralmans” by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 276;
      the words “necessity”, “peasant (farm) enterprise” are respectively substituted by the words “needs”, “peasant or farm enterprise” by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279;
      the words “documents of title”, “document of title” are respectively substituted by the words “identification documents”, “identification document” by the Law of the Republic of Kazakhstan dated 26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after its first official publication);
      the words “(city of republican significance, the capital), districts (cities of oblast subordinance)”, “(city of republican significance, the capital), district (city of oblast subordinance”, “oblast (city of republican significance, the capital)”, “oblasts (city of republican significance, the capital)”, “(cities of oblast subordinance”, “(city of oblast subordinance)” are respectively substituted by the words “cities of republican significance, the capital, districts, cities of oblast subordinance”, “city of republican significance, the capital, district, city of oblast subordinance”, “oblast, city of republican significance, the capital”, “oblasts, cities of republican significance, the capital”, “cities of oblast subordinance”, “city of oblast subordinance” by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Throughout the whole text the words “aul (village)”, “auls (villages)”, auls, villages” are respectively substituted by the words “village”, “villages” by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Section I. Basic provisions

Chapter 1. General provisions

      Article 1. Land fund of the Republic of Kazakhstan

      1. In accordance with the designation, the land fund of the Republic of Kazakhstan shall be divided into the following categories:
      1) agricultural lands;
      2) lands of inhabited localities (cities, rural settlements and rural-type settlements);
      3) lands for industry, transport, communication, needs of space activities, defence, national security and other non-agricultural purposes;
      4) specially protected natural areas, lands of health-improving, recreative and historical-cultural destination;
      5) forest fund lands;
      6) water fund lands;
      7) reserved lands;
      2. The lands, mentioned in paragraph 1 of this Article shall be used in accordance with established designation. Legal regime of lands shall be determined proceeding from their belongings to one or another category and permitted use in accordance with zoning of lands (territory).
      3.The following zones shall be distinguished on natural environments in the territory of the Republic of Kazakhstan:
      1) forest-steppe;
      2) steppe;
      3) dry-steppe;
      4) semi-desert;
      5) desert;
      6) submontane and desert and steppe;
      7) subtropical and desert;
      8) subtropical and submontane and desert;
      9) central Asian mountainous;
      10) South-Siberian mountainous.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 2. Rating of lands in categories, their transfer from one category to another

      Rating of lands in categories, mentioned in Article 1 of this Code, as well as transfer of lands from one category to another, linked with change of their designation shall be performed by the Government of the Republic of Kazakhstan, local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance within their competence upon provision and seizure of land plots, including for the state requirements, established by this Code or other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 115 (the order of enforcement see Article 2 of the Law No.116); dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 3. Land ownership

      Land in the Republic of Kazakhstan shall be in the state ownership. As well, land plots may be in the private ownership on the grounds, conditions and within the ambit established by this Code.

      Article 4. Principles of land legislation

      Land legislation of the Republic of Kazakhstan shall be based on the following principles:
      1) integrity, inviolability and inalienability of the territory of the Republic of Kazakhstan;
      2) preservation of the land as a natural resource, living and activity bases of the people of the Republic of Kazakhstan;
      3) protection and rational use of lands;
      4) safety ecologic provision;
      5) intended land use;
      6) priority of agricultural lands;
      7) provision of information about lands condition and its accessibility;
      8) state support of the activities for use and protection of lands;
      9) prevention of endamagement to the land or removal of its consequences;
      10) serviceability for land use.

      Article 5. Objectives of land legislation

      Objectives of the land legislation of the Republic of Kazakhstan shall be: establishment of the bases, conditions and limits for the origin, modification and termination of land title and land use right, procedure for the exercise of the rights and obligations of land plots’ owners and land users; regulation of land relations in order to provide the rational use and protection of lands, soil fertility recovery, preservation and improvement of the natural environment; arrangement of conditions for equal development of all the forms of husbandry; protection of the rights to land of individuals and legal entities and the state; creation and development of the property market; consolidation of legality in the field of land relations.

      Article 6. Land legislation

      1. Land legislation in the Republic of Kazakhstan shall be based on the Constitution of the Republic of Kazakhstan and consist of this Code and regulatory legal acts of the Republic of Kazakhstan adopting in accordance with this Code.
      2. Relations on use and protection of mineral resources, water, natural air, forests and other vegetation, animal world, objects of environment that have a special ecological, scientific and cultural value, specially protected natural areas shall be regulated by the special legislation of the Republic of Kazakhstan.
      3. Exercise of rights by the subjects of land relations belonged to them shall not harm the land as a natural resource and other objects of environment, as well as the rights and legal interests of other persons.
      4. Property relations on possession, use and disposal of land plots, as well as on consummation of transactions with them shall be regulated by the civil legislation of the Republic of Kazakhstan unless otherwise provided by the land, environmental, forestry, water legislations of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on subsurface resources, on plant and animal life, on specially protected natural areas of the Republic of Kazakhstan.
      5. Rights of individuals and legal entities established by the Laws may not be restricted by the acts of state bodies.
      6. Foreign persons, stateless persons and foreign legal entities shall use the rights and incur obligations in land legal relations on an equal basis with citizens and legal entities of the Republic of Kazakhstan unless otherwise provided by this Code or other legislative acts of the Republic of Kazakhstan.
      7. Land use right of other states in the territory of the Republic of Kazakhstan shall be originated in accordance with international treaties, ratified by the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 9 January, 2007 No. 213 (the order of enforcement see Article 2).

      Article 7. International treaties

      If an international treaty, ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, the rules of mentioned treaties shall be applied. International treaties, ratified by the Republic of Kazakhstan shall be applied directly to land relations, except the cases when it follows from the international treaty that the application requires the issuance of legislative act.

      Article 8. Land zoning

      1. Zoning – determination of land areas with establishment of their designation and use regime.
      1-1. Land zoning in inhabited localities shall be conducted in order to establish the borders of evaluative zones and evaluating factors to the base rates of fees for land plots.
      2. Organization of land zoning on the levels of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance shall be carried out by the relevant authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance. Draft (diagram) of land zoning shall be approved by the relevant representative bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance.
      3. Is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).
      4. Purposeful regime of use of the territory, determined upon land zoning shall be obligatory for the subjects of land legal relations.
      5. Land zoning shall be conducted by decision of local executive bodies and shall be carried out at the expense of budget funds.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 9. Payments for land

      1. Land plots being in ownership, permanent land use or primary free temporary land use shall be levied by land taxes in accordance with the tax legislation of the Republic of Kazakhstan.
      2. Fee for use of land plots provided for temporary compensated land use (lease) by the state shall be charged.
      Procedure for calculating and payment to the budget income of fee for land use shall be determined in accordance with the tax legislation of the Republic of Kazakhstan.
      Upon provision of the land plot in the territory of the Republic of Kazakhstan to the other states on lease, the amount of fee for land use shall be determined by international treaties, ratified by the Republic of Kazakhstan.
      3. Sale of land plots from the state property to the private ownership on a remuneration basis shall be carried out in a lump sum or by installment by decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district within its competence on provision of land plots, with the exception of cases when the land plot shall be provided in the ownership without compensation to:
      1) citizens of the Republic of Kazakhstan - owners of housing units as an ideal share in the objects of condominiums;
      2) citizens of the Republic of Kazakhstan for personal subsidiary husbandry, gardening, personal housing and suburban construction in accordance with paragraph 2 of Article 50 of this Code;
      2-1) scientific centers with international participation, determined in the manner, established by the Government of the Republic of Kazakhstan;
      2-2) domestic industrial enterprises, the list and selection criterions for short listing of which shall be determined by the Government of the Republic of Kazakhstan;
      2-3) subjects of small business for objects transferred to them in accordance with subparagraph 5) of the first part of paragraph 2 of Article 19 of the Law of the Republic of Kazakhstan “On private enterprise”;
      3) in other cases provided by this Code and legislative acts of the Republic of Kazakhstan.
      Fee for the compensated granting (sale) of the right of private ownership to land plot (hereinafter – land fee) or right of temporary compensated land use (lease) (hereinafter – fee for sale of leasehold) shall be calculated on the basis of cadastral (assessed) value calculated on the base rates of the fee for land plots with the application of evaluating factors.
      4. Funds received from the sale of land plots of the agricultural status by the state to the private ownership shall be included to the National Fund and shall be used in the manner prescribed by the legislation of the Republic of Kazakhstan.
      5. In change of designation of the land plot, with the exception of the land plot provided with the condition established by paragraph 6 of Article 44 of this Code for construction of objects, provided by the comprehensive plan of the inhabited locality, provided without compensation for personal subsidiary husbandry, gardening, personal housing and suburban construction management and other purposes, in which this Code provides paid grant of land plot, the owner of the land plot shall be obliged to pay the sum equal to the cadastral (assessed) value of the land plot to the budget income provided by the legislation of the Republic of Kazakhstan for the changed designation.
      In the exceptional instance provided by the first part of this paragraph, the local executive body in the change of designation of the land plot shall coordinate with the cadastral (assessed) value of the land plot unliable to be paid to the budget with the local representative body at place of location of the land plot.
      In change of the designation, with the exception of the lands appropriated for the state requirements, agricultural land plot, as well as agricultural use within the bounds of inhabited locality for the use with the aims not linked with the management of agricultural economy and forestry, the owner of the specified land plot shall be obliged to pay a sum to the budget equal to the difference between cadastral (assessed) value provided by the legislation of the Republic of Kazakhstan for the changed designation, and price at which the land plot was previously purchased from the state.
      6. Land plots and land use right in the form of the state land grant shall be granted to a legal person of the Republic of Kazakhstan carrying out the investment project in accordance with this Code and investment legislation of the Republic of Kazakhstan.
      Decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance about the provision of the land plot in capacity of the land grant shall be adopted within its competence upon provision of the land plots on the basis of decision of authorized investments body.
      7. Upon selling or leasing of the land plot by the owner, selling of the land use right to other persons by the non-state land user, as well as in leasing of the land plot by him to the secondary land users, the amount, terms and payment forms for land plots shall be established by the buy and sell agreement or contract of tenancy in accordance with the civil legislation of the Republic of Kazakhstan.
      8. Land plot may be provided to be paid by the charter the capital (property) of the social-entrepreneurial corporations having a status of the national company, at a price calculated on cadastral (assessed) value of the land plot.
      By this, registration of the land plot to the ownership of social-entrepreneurial corporations having a status of the national company shall be performed after the state registration of pronounced stock issues.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 04.05.2005 No. 48; dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 05.07.2006 No. 162 (shall be enforced from the date of its first official publication); by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 13.02.2009 No. 135-IV (the order of enforcement see Article 3); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten days from the date of its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 10. Base rates of payment for land plots and cadastral (assessed) value of a land plot

      1. Base rates of payments for agricultural land plots at their provision to the private ownership, leasing by the state or state land users, the amount of fee for sale of leasehold and amount of fee for establishment of the private easement on land plots in the state ownership and not granted to land use, shall be established by the Government of the Republic of Kazakhstan.
      Base rates of payments for land plots at their provision to the private ownership in administrative center of oblast, cities of republican significance, the capital, cities of oblast and district subordinance, rural settlements and rural-type settlements shall be established by the joint decisions of representative and executive bodies of oblasts, cities of republican significance, the capital depending on local conditions and specifics.
      By this, rates of payment for land use shall be established at least equal to the amount of rates of land tax.
      Fee for sale of lease right shall be established on a case from cadastral (assessed) value of a specific land plot.
      2. Cadastral (assessed) value of a specific land plot shall be established by the state specialized enterprises leading the state land cadastre in accordance with the base rates of payments for land plots granted to the private ownership for a fee or on lease by the state with the application of evaluating (multiplying or decreasing) factors and shall be executed by the act of determining the cadastral (assessed) value of the land plot, approved within three business days by the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance within the competence of local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance upon grant of land plots.
      Base rates of payments for land plots granted to the private ownership in inhabited localities (rural settlements and rural-type settlements) located in suburban zones of Astana, cities of republican significance, regional centers and resort zone shall be increased twofold.
      3. Cadastral (assessed) value of the additional land plots granted to citizens of the Republic of Kazakhstan to the private ownership for personal subsidiary husbandry, gardening, personal housing and suburban construction management beyond the established standards of free transfer shall be determined based on the base rates of payments for land plots of rural-type settlements which are the nearest to the assessable plots.
      4. On land plots located beyond the boundaries of inhabited localities granted to the citizens and non-state legal entities for building construction or built-up by buildings (constructions, installations) and their complexes, including lands intended for janitorial service (constructions, installations) in accordance with their purposes, with the exception of lands mentioned in paragraph 4-1 of this Article, the cadastral (assessed) value shall be determined based on amount of ten percent from base rates of payments for land plots granted for stated purposes in cities of oblast subordinance.
      4-1. On land plots located beyond the boundaries of inhabited localities granted for management of peasant or agrarian economy and agricultural production for built-up buildings (constructions, installations) needed for functioning of agricultural economy according to Article 97 of this Code, including lands intended for their service, the cadastral (assessed) value shall be determined based on amount of base rates of payments for land plots at their provision to private ownership for agricultural purposes.
      5. In determining of cadastral (assessed) value of land plots mentioned in paragraphs 3 and 4 of this Article, the evaluating factors shall be applied for the remoteness of these land plots from the centers of service sector in accordance with subparagraph 3) of paragraph 4 of Article 11 of this Code.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06 June, 2007 No. 279; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 11. Evaluating factors to base rates of payments for land plots

      1. Boundaries of evaluation zones and evaluating factors to the base rates of payments for land plots in cities of district subordinance, rural settlements and rural-type settlements shall be approved by the decision of district representative body on the suggestion of local executive body of district, and in cities of oblast subordinance, cities of republican significance, the capital – by the representative body of oblast, city of republican significance, the capital on the suggestion of local executive body of oblast, city of republican significance, the capital.
      By this, the ceiling (maximum) amount of multiplying or decreasing factor shall not exceed twofold size.
      2. In determining of cadastral (assessed) value of land plots granted by the state for agricultural production conducting, the evaluating factors (multiplying or decreasing) shall be applied depending on quality of land plot, its location, water supply, remoteness from the service center.
      3. The quality of land plots by types of farm lands and soil shall be established on the basis of land and cadastral maps, materials of soil, geobotanical, soil and reclamation and other surveys:
      1) for determining of value of the land plot used as a part of arable land, depending on its reclamation condition and ground slope, the following evaluating factors shall be applied:
      reclamation condition of lands:
      good (non-saline and non- alkali, non-stony, non-eroded soils; cover thickness of subsoil waters: fresh – more than 3 m., mineralized – more than 6 m.) – 1,2;
      satisfactory (soils are subsaline, weakly solonetzic, slightly stony, weakly eroded; cover thickness of low-salt subsoil waters 3-6 m.) – 0.9;
      unsatisfactory (soils are moderately and severely saline, moderately and strongly solonetzic, stony, moderately and severely eroded; cover thickness of subsoil waters with salinity level more than 1 g/L – less than 3 m.) – 0,6;
      ground slope:
      to 1 degree – 1; from 1 to 3 degrees – 0,98; from 3 to 5 degrees – 0,96; from 5 to 7 degrees – 0,93; more than 7 degrees – 0,86;
      2) for determination of the value of land plots used as a part of the natural forage lands (hay lands, pastures) depending on their quality and ground slope of the field the following evaluating factors shall be applied:
      advanced hay and pastures:
      reclamations; with complementary seeding of perennial grasses – 1,2;
      simplificated improvement without change of species composition of plant cover – 1,1;
      condition of lands occupied by hay lands:
      good (land plot is clean, non-bushy, unforested, non-stony with well-defined characteristics of zonal vegetation) – 1,2;
      satisfactory (land plot is weeded, bushy, forested, stony with breaches of zonal structure of plant cover. Indicated features are revealed on the area to 40 percent of the territory) – 0,9;
      unsatisfactory (land plot is weeded, bushy, forested, stony with a breach of zonal structure of plant cover. Indicated features are revealed on the area over 40 percent of the territory) – 0,7;
      ground slope:
      to 3 degrees – 1; from 3,1 to 6 degrees – 0,95; from 6,1 to 10 degrees – 0,9; from 10,1 to 20 degrees – 0,85; more than 20 degrees – 0,5;
      condition of lands occupied by pastures:
      good ( land plot is clean, non-bushy (by ungrazed shrubs), unforested, nonstony with well-defined characteristics of zonal vegetation) – 1,2;
      satisfactory (land plot is weeded, bushy (by ungrazed shrubs), forested, stony with a breach of zonal structure of plant cover, with existence of overgrazed pastures, denuded external solonchaks, sodic soils, takyrs. Indicated features are revealed on the area to 40 percent of the territory) – 0,9;
      unsatisfactory (land plot is weeded, bushy (by ungrazed shrubs), forested, stony with breaches of zonal structure of plant cover, with existence of overgrazed pastures, denuded external solonchaks, sodic soils, takyrs. Indicated features are revealed on the area to 40 percent of the territory) – 0,6;
      ground slope:
      to 12 degrees – 1; from 13 to 20 degrees – 0,8; over 20 degrees – 0,6.
      4. For determination of the value of land plots depending on watering of the land plot, its location in reference to economic center, remoteness of the land plot from the service sector, the following evaluating factors shall be applied:
      1) watering (water supply) of the land plot:
      waterlogged – 1,2; unwatered – 0,8;
      2) location area of the land plot in reference to economic center, in kilometers:
      to 5 – 1,2; from 5 to 10 – 1; from 10 to 20 – 0,9; from 20 to 30 – 0,8; over 30 – 0,7;
      3) remoteness of the land plot from service sector depending on the quality of roads:

Distance, km

Hard surfaces road

Crushed rock road

Unmet ailed road

to 20

21-40

41-60

61-80

81-100

Over 100

1,4

1,2

1,0

0,8

0,6

0,5

1,1

0,9

0,7

0,5

0,7

0,6

0,5

      5. In existence of several factors increasing or decreasing the cadastral (assessed) value of the land plot, the factors shall be multiplied.
      Total size of increase or decrease of cadastral (assessed) value of the land plot for agricultural production conducting shall not exceed fifty percent from the base rates of payments established in accordance with paragraph 1 of Article 10 of this Code.
      Footnote. Article 11 as amended by the Laws dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days from its first official publication).

      Article 12. Basic definitions used in the Code

      The following basic definitions shall be used in this Code:
      1) seizure – action of state bodies directed to terminate the right of ownership or land use right of the land plot from private owner or land user in a manner and in terms provided by this Code and Laws of the Republic of Kazakhstan;
      2) special land fund – reserve lands formed due to the farm lands, as well as land plots not used for their intended purpose or used with a breach of the legislation of the Republic of Kazakhstan, and lands abandoned by the owners of conditional land shares and land users;
      3) affiliated person – affiliated organization in reference to non-state legal person or recognized as dependent joint-stock society;
      4) primary land users – persons whose land use right is gained directly from the state in the manner provided by Article 32 of this Code, or from other primary land users in the procedure of alienation of this right;
      4-1) boundary of evaluation zones – border of part of inhabited locations territory where the evaluating factors shall be established to the base rates of payment for land plots granted by the state depending on infrastructure level;
      5) united state land register – outcome document of registration of land plots as a part of the state land cadastre, containing legal, identity, economic and other characteristics;
      6) right of temporary use of land plot which is in the private ownership, - right of subject to own and use the land plot arising on the basis of agreement of temporary use of the land plot between owner of the land plot and temporary user (land tenant or free user);
      7) land – territorial space within which the sovereignty of the Republic of Kazakhstan, natural resource, all common production means and territorial basis of any labour process shall be established;
      8) right to dispose of land – legally provided right of the state to determine the legal fate of the land in the territory of the Republic of Kazakhstan, as well as right of the private ownership to make transactions not prohibited by the Laws of the Republic of Kazakhstan;
      9) decisions of the local executive bodies – legal act of local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance, as well as akims of cities of district subordinance, rural settlements, auls, villages, rural districts on granting of the right to land plot;
      10) lease payment for land – payment for temporary land use for a fee;
      11) right to possession of land - legally provided opportunity to perform the factual possession of land;
      12) land cadastre – system of information of land, component of the state cadastres;
      13) authorized body on land relations - structural subdivision of local executive bodies of oblast, the capital, district, city of oblast subordinance exercising functions in the field of land relations (hereinafter – authorized body of oblast, city of republican significance, district, city of oblast subordinance);
      14) object of land relations – land within the territory of the Republic of Kazakhstan, separate land plots independently from what is located on them, and from legal foundations of assignment of separate subjects, as well as right of land plots and land shares;
      15) land legal relations – legal relations for use and protection of lands linked with land management, assignment of land plots to the separate subjects, exercise of right of ownership and other rights of land;
      16) subjects of land legal relations – physical and legal entities, as well as states which are the participants of land legal relations and thereby having rights and obligations in this legal relation;
      17) land use right – right of the person to possess and use a land plot which is in the state ownership with no fixed term (permanent land use) or within specified time (temporary land use) for a fee and (or) without compensation;
      18) land resources – land which shall or may be used in the course of economic or other activity for satisfaction of material, cultural and other needs of society;
      19) central authorized body on land management – state body performing the regulation in the field of the land relations (hereinafter – central authorized body);
      20) classifier of designation of the land plots – grouping of the types of permitted use of land plots by type and kind of functional purpose (use) of the plot territory and buildings and installations (premises) in accordance with zoning of the territory;
      21) land plot – allocated part of land in contour boundaries assigned in the manner prescribed by this Code to the subjects of land relations;
      22) fee for selling the leasehold of land plot – lump-sum payment for granted on the basis of right of temporary land use (lease) land plot for a fee, which is in the state ownership;
      23) right of private ownership for a land plot – right of citizens and non-state legal entities to possess, use and dispose of land plots belonged to them on the basis, conditions and within the ambits established by this Code;
      24) land title document – document confirming approach of legal facts (legal composition) on the basis of which the right of land plot shall be arising, changed or terminated, including agreements, court judgements, legal acts of executive bodies, heirship certificate, transfer act or division balance sheet upon insolvent reorganization of non-state legal entities having in possession the land plot on the basis of right of ownership or ransomed a right of temporary land use (lease) for a fee;
      25) identity number for land plot – document containing identifying characteristics of the land plot essential for the purpose of land, legal and town-planning cadastres conducting;
      26) pledge of land plot or land use right – based on agreement of the pledge or under the Laws of the Republic of Kazakhstan the method of ensuring performance of obligations in which the creditor (pledgeholder) in case of secured obligation default by debtor shall have the right to find fulfillment from the cost of laid land plot or land use right with preference over other creditors of the person owns this land plot or land use right (pledger) unless otherwise provided by the Civil Code of the Republic of Kazakhstan;
      27) unauthorized occupation of a land plot – occupation of another’s land plot without permission of owner of the land plot or land user, as well as occupation of the land plot in the state ownership and not provided for land use without relevant decision of the Government of the Republic of Kazakhstan or local executive body;
      28) land share – quantitatively fixed partnership share with other persons in rights and obligations on land plot, apportionment of which may be performed subject to cases and conditions established by this Code and other Laws of the Republic of Kazakhstan;
      29) immigrant land fund – land plots reserved for assignment to oralmans and land plots forming part of special land fund;
      30) cadastral (assessed) value - calculated value of the land plot applied upon selling of the land plot or right of leasehold determined on the basis of base rates of payment for land plots, clarified on a periodic basis according to the official statistics information about common inflation rate and evaluating factors to them;
      31) secondary land users – persons received the temporary land use right on the basis of agreement of the secondary land use from the primary land user, reserving this status;
      32) condominium – a special form of ownership (other right) of realty in which the particular parts of the realty are in a separate (individual) propriety (other right) of individuals and legal persons, and those parts of realty which are not in a separate propriety, including the land plot belong to them on the basis of right of common participatory share ownership (other common right) and are not separate from the rights of parts of realty which is in a separate (individual) propriety (other right);
      33) state land users – state republic and municipal legal entities;
      34) state land grants – land plots granted on the basis of right of temporary land use to a legal person of the Republic of Kazakhstan without compensation for implementation of the capital investment project followed by free transfer to the propriety or land use in the manner prescribed by this Code and legislation of the Republic of Kazakhstan;
      35) non-state land users – citizens and (or) non-state legal entities;
      36) objects of right of ownership – lands which are in the state and private ownership;
      37) personal subsidiary husbandry - type of activity for satisfaction of own needs on the land plot located in the rural area and suburban zone;
      38) easement - right of limited designated use of another’s land plot, including for the purposes of passage, thoroughfare, laying of communications and operations, hunting and fish farms and other purposes;
      39) soil layer - hanging layer of the dry land of the Earth, special natural formation having a structure, composition and characteristic inhering only in it;
      40) base rate of payment – standard price of the land plot for determining of its cadastral (assessed) value upon granting of right of private ownership of land plot by the state or selling of the temporary compensated land use right (lease);
      41) permanent land users – persons whose land use right is not limited in time;
      42) temporary land users – persons whose land use right is limited by specified period;
      43) national land users – citizens of the Republic of Kazakhstan, legal entities established in accordance with the legislation of the Republic of Kazakhstan, including enterprises with a foreign participation;
      44) conditional land share – quantitatively certain share of the members of dissolved or reorganized kolkhozes, employees of the state agricultural organizations reformed into non-state agricultural organizations, as well as other persons stated in this Code, in accordance with which grant of land titles, previously included in composition of land use of mentioned organizations shall be performed or other rights provided by this Code shall be exercised;
      45) foreign land users – foreign persons, stateless persons, legal entities established in accordance with the legislation of the foreign states (foreign legal entities), foreign states, international associations and organizations.
      Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; as amended by the Laws of the Republic of Kazakhstan dated 26.07.2007 No. 311; dated 19.03.2010 No. 258-IV; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. Competence of state bodies in the field of land relations

      Article 13. Competence of the Government of the Republic of Kazakhstan

      Competence of the Government of the Republic of Kazakhstan in the field of regulation of land relations shall include:
      1) development of the focal points of a state policy in the field of use and protection of land fund of the Republic;
      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) granting the land titles and seizure of land plots including for state requirements, from the lands of all categories in cases, linked with creation and expansion of the conservation area of republican significance, meeting international commitment and land use for needs of defence or national security;
      3-1) transfer of specially protected natural areas to reserve lands on the suggestion of authorized state body in the field of specially protected natural areas and approval of its order;
      4) confirmation of forms of the identity documents of title to the land plot and land use right;
      4-1) adoption of regulations of the grant of rights to the land plots for individual housing construction;
      5) matching of proposals of the oblast representative executive bodies, on the issues of boundary adjustments of districts and cities of oblast subordinance, as well as establishment and change of suburban zones around the cities of oblast subordinance;
      6) approval of order of designation of the lands to specially protected natural areas and reservation of lands for these territories, list of the specially protected natural areas of republican and international status, as well as regulations of land rezoning from the land fund to the lands of other categories, not linked with forest management;
      7) approval of order of the state land cadastre and monitoring of lands conducting;
      7-1) adoption of regulations of rational land use of agricultural lands;
      7-2) adoption of regulations of the land grant occupied by territorial waters for building of artificial structures;
      8) (is excluded by the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125).
      9) regulation of land relations in so far as provision of lands in the territory of one oblast, city of republican significance, the capital to the long term use of other oblast, city of republican significance, the capital;
      10) other functions assigned on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 13 as amended by the Republic of Kazakhstan dated 05.07.2006 No. 162 (shall be enforced from the date of its first official publication); dated 06.07.2007 No. 279; dated 01.12.2008 No. 94-IV (the order of enforcement see Article 2); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days from its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 14. Competence of a central authorized body and its territorial bodies

      1. Competence of a central authorized body shall include:
      1) generalization of the practice in the application of land legislation and its improvement;
      1-1) implementation of state policy in the field of regulation of land relations;
      1-2) carrying out of coordination and organizational supervision of local executive bodies in the field of regulation of land relations;
      2) development and introduction of the drafts of regulatory legal acts in the field of regulation of land relations for approval to the Government of the Republic of Kazakhstan;
      2-1) development and introduction of the draft regulations of rational use of agricultural lands for approval to the Government of the Republic of Kazakhstan as may be agreed with an authorized body in the field of development of agroindustrial complex;
      3) verification of correctness of the state land cadastre and monitoring of lands;
      4) development and approval of regulatory legal acts and statutory documents, methods on land tenure, state land cadastre and monitoring of lands;
      5) carrying out of expert examination of drafts and diagrams of republican significance, concerning the issues of use and protection of lands;
      6) cooperation with central and local executive bodies on the issues of regulation of land relations;
      7) confirmation of the forms of certificate of agricultural land plots;
      7-1) confirmation of the classifier of lands’ designation on the basis of drafts (diagrams) of lands zoning;
      8) establishment of the structure, composition, content and forms of land and cadastral documentation;
      9) monitoring management of lands;
      10) organization of conducting the state land cadastre and making-out a balance of lands of the Republic of Kazakhstan on the grounds of these balances of lands of oblasts, cities of republican significance, the capital;
      11) preparation of drafts of the legal acts of the Government of the Republic of Kazakhstan on the issues of provision and seizure of land plots, including for the state requirements, transfer of land plots, as well as for the state requirements, from one category to another, within its competence;
      12) state verification of use and protection of lands;
      13) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      13-1) coordinations of proposals of local executive body of oblast, city of republican significance, the capital on the issues of provision of agricultural land plots to foreign persons, stateless persons and foreign legal entities;
      14) legality control of decisions of the authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance on the applications of individual and legal entities;
      15) consideration of cases on administrative infractions in the field of land legislation;
      16) development and confirmation of forms of compulsory official reporting, check lists, risk evaluation criteria, semi-annual checkout list in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;
      16-1) development and approval of industrial incentive scheme;
      17) exercise of other authorities, provided by this Code, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      2. Competence of a territorial body on management of land resources of oblast, city of republican significance, the capital shall include:
      1) state verification of use and protection of lands;
      2) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      3) issue of breves, compulsory for fulfillment on elimination of detected violations of land legislation;
      4) consideration of cases on administrative infractions in the field of land legislation;
      5) preparation and commencement of actions to the court on the issues, mentioned in subparagraph 4) of paragraph 1 of Article 148 of this Code;
      6) monitoring management of lands of oblast, city of republican significance, the capital;
      7) control of correctness of conducting the land cadastre;
      8) suspense of building construction, mining activity, exploitation of objects, geological and other works if they are carried out with violation of the land legislation, established regime of land use, as well as if these works are conducted upon the drafts that didn’t undergo expert examination or received adverse determination.
      Footnote. Article 14 in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 14-1. Competence of authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance

      1. Competence of an authorized body of oblast shall include:
      1) preparation of proposals and drafts of decisions of a local executive body of oblast on provision of land plots for subsurface use (for performance of work on production; on combined prospecting and production; on construction and (or) exploitation of subsurface structures, not linked with prospecting and (or) production), construction (reconstruction) of main pipelines, objects of oil and gas processing, objects on use of renewable energy resources, for industrial and innovation projects of the subjects of industrial and innovation activity, creation and expansion of specially protected natural areas of local significance, as well as upon compulsory alienation the land plots for state requirements in detection and for development of deposits of commercial minerals, for construction (reconstruction) of main pipelines, creation and expansion of specially protected natural areas of local significance, implementation of investment strategic projects in accordance with the Law of the Republic of Kazakhstan “On investments”;
      1-1) implementation of state policy in the field of regulation of land relations;
      2) preparation of proposals and drafts of decisions of the local executive body of oblast on provision of land plots for the state research establishments and their development farms, as well as state seed farms and stud farms;
      2-1) preparation of proposals and drafts of decisions of a local executive body of oblast on provision of land plots, occupied by the territorial waters, for construction of artificial structures;
      3) preparation of proposals on reservation of lands;
      4) approval of cadastral (assessed) value of specific land plots, selling to the private ownership by the state within its competence;
      5) determination of separability and impartibility of land plots within its competence;
      6) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;
      7) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of oblast;
      8) organization of holding of the land market (tenders, auctions) within its competence;
      9) carrying out of expert examination of drafts and diagrams of oblast, city, district significance, concerning the issues of use and protection of lands;
      10) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use within its competence and control of fulfilling the terms of concluded agreements;
      11) making-out a balance of the lands of oblast on the basis of these districts, cities of oblast subordinance;
      12) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months from the date of its first official publication);
      13) preparation of proposals on the grant of permissions by a local executive body of oblast for use of land plots for engineering survey works in accordance with Article 71 of this Code;
      14) preparation of proposals on transfer of farm lands from one type to another;
      14-1) detection of unused lands or lands, used with violation of the legislation of the Republic of Kazakhstan with provision of information on these violations to territorial bodies on management of land resources of oblast, city of republican significance, the capital.
      15) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013).
      2. Competence of an authorized body of the city of republican significance, the capital in the territory, transferred to its ministerial authority shall include:
      1) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months from the date of its first official publication);
      1-1) implementation of state policy in the field of regulation of land relations;
      2) preparation of proposals on the grant of permissions by a local executive body of the city of republican significance, the capital for use of land plots for engineering survey works in accordance with Article 71 of this Code;
      3) preparation of proposals on transfer of farm lands from one type to another;
      4) preparation of proposals on reservation on lands;
      5) making-out a balance of the lands of the city of republican significance, the capital;
      6) preparation of proposals and drafts of decisions of a local executive body of the city of republican significance, the capital on provision of land plots and change of their designation;
      7) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      8) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013);
      9) issue of certificates of agricultural land plots;
      10) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use and control of fulfilling the terms of concluded agreements;
      11) exposure of unowned land plots and organization of their registration;
      12) preparation of proposals upon compulsory alienation of land plots for state requirements;
      13) determination of separability and impartibility of the land plots;
      14) approval of cadastral (assessed) value of specified land plots selling to the private ownership by the state;
      15) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;
      16) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of the city of republican significance, the capital;
      17) organization of conducting the land market (tenders, auctions);
      18) carrying out of expert examination of drafts and diagrams, concerning the issues of use and protection of lands;
      19) record keeping of owners of the land plots and land users, as well as other subjects of the land legal relations;
      20) detection of unused lands and lands, used with violation of the legislation of the Republic of Kazakhstan, as well as not according to designation, with provision of information on these violations to territorial bodies on management of land resources of oblast, city of republican significance, the capital.
      3. Competence of authorized bodies of districts, cities of oblast subordinance within the boundary of district, boundary (limit) of the city and in the territory transferred to his ministerial authority shall include:
      1) detection of unowned land plots and organization of work on their registration;
      1-1) implementation of state policy in the field of regulation of land relations;
      2) preparation of proposals and drafts of decisions of a local executive body of district, city of oblast subordinance on provision of land plots and change of their designation;
      2-1) preparation of proposals and drafts of decisions of the district executive body on provision of land plots for subsurface use, linked with the state geological study of subsurface resources and prospecting;
      3) preparation of proposals on compulsory alienation of land plots for state requirements;
      4) determination of separability and impartibility of land plots;
      5) approval of cadastral (assessed) value of specified land plots, selling to the private ownership by the state;
      6) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;
      7) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of districts, cities of oblast subordinance;
      8) organization of development of the land and economic facilities drafts of the territories of inhabited localities;
      9) organization of conducting the land market (tenders, auctions);
      10) carrying out of expert examination of drafts and diagrams of city, district significance, concerning the issues of use and protection of lands;
      11) making-out a balance of the lands of districts, cities of oblast subordinance;
      12) record keeping of the owners of land plots and land users, as well as other subjects of the land legal relations;
      13) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2012 No. 64-V (shall be enforced from 01.01.2013);
      14) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      15) issue of certificates of the agricultural land plots;
      16) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use and control of fulfilling the terms of concluded agreements;
      17) preparation of proposals on the grant of permissions by a local executive body of the district, city of oblast subordinance for use of land plots for engineering survey works in accordance with Article 71 of this Code;
      18) preparation of proposals on transfer of farm lands from one type to another;
      18-1) detection of unused lands and lands, used with violation of the legislation of the Republic of Kazakhstan, with provision of information on these violations to territorial bodies on management of land resources of oblast, city of republican significance, the capital;
      19) preparation of proposals on reservation of lands.
      Footnote. The chapter is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 15. Competence of local representative bodies and local self-government bodies

      1. The competence of local representative bodies in the field of regulations of land relations in the relevant territories shall include:
      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) approval of land and economic facilities drafts in the territory of inhabited localities, including farm lands, transferred to the jurisdiction of local executive bodies of oblast subordinance, akims of city of district subordinance, rural settlement, village, rural district;
      3) (is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      4) hearing reports of the heads of local executive bodies and organizations on the state of use and protection of land resources;
      5) adoption of decisions on establishment of boundaries between administrative-territorial entities within the competence established by the legislative acts of the Republic of Kazakhstan;
      5-1) approval of boundaries of suburban zones in accordance with Article 110 of this Code;
      5-2) matching of draft contracts on redemption of the land plot for the state requirements;
      6) (is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      7) exercise of other authorities in accordance with the legislation of the Republic of Kazakhstan on ensuring the rights and legal interests of citizens.
      2. Local self-government bodies in the field of regulation of land relations shall provide community participation in solution of questions of local significance within the powers, established by the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 16. Competence of a local executive body of oblast, city of republican significance, the capital

      1. Competence of a local executive body of oblast shall include:
      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      1-1) submission of the area of suburban zones boundaries of the cities of district subordinance for approval of a local representative body;
      2) grant of land plots for subsurface use (for performance of work on production; on combined prospecting and production; on construction and (or) exploitation of subsurface structures, not linked with prospecting and (or) production, construction (reconstruction) of main pipelines, objects of oil and gas processing, objects on use of renewable resources, for industrial and innovation projects of the subjects of industrial and innovation activity, as well as compulsory alienation of the land plots for state requirements in detection and for development of deposits of commercial minerals, for construction of main pipelines, implementation of investment strategic projects in accordance with the Law of the Republic of Kazakhstan “On investments”;
      3) provision of land plots for the cattle drive routes of temporary use of the inter-district significance;
      4) grant of permissions on use of land plots for engineering survey works in accordance with paragraph 2 of Article 71 of this Code;
      5) provision of land plots for the state research establishments and their development farms, as well as for the state seed farms and stud farms;
      5-1) provision of land plots, occupied by territorial waters for construction of artificial structures as may be agreed with an authorized state body in the field of use and protection of inventory of water resources, water supply, water diversion;
      6) reservation of lands in accordance with Article 49-2 of this Code;
      7) provision and seizure of land plots as well as for the state requirements, from the lands of all categories in cases, linked with creation and expansion of specially protected natural areas of local significance, with the exception of cases provided by subparagraph 3) of Article 13 of this Code;
      8) regulation of land relations in so far as provision of lands, being in the territory of one district, city of oblast subordinance to the long term use of other district, city of oblast subordinance;
      9) provision and seizure of land plots as well as for state requirements in cases provided by Article 90 of this Code, with the exception of forestry fund lands;
      9-1) establishment of public easements in accordance with Article 69 of this Code;
      10) carrying out of coordination and operating control of district, city (oblast subordinance) executive bodies in so far as use and protection of land resources;
      10-1) provision of proposals on the issues of provision of agricultural lands on approval of a central authorized body to foreign persons, stateless persons and foreign legal entities;
      11) (is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      12) exercise of other authorities in behalf of local state administration, laid upon local executive bodies by the legislation of the Republic of Kazakhstan.
      2. Competence of a local executive body of city of republican significance, the capital in the field of regulation of land relations shall also include:
      1) grant of land plots to the private ownership and land use, with the exception of cases provided by Article 13 of this Code;
      1-1) grant of land plots for the purposes of construction of facilities of harnessing of renewable resources;
      2) seizure of land plots including for the state requirements, with the exception of cases provided by Article 13 of this Code;
      2-1) allocation of land plots to the common-use land in the lands of inhabited localities, as well as exclusion from the categories of common-use lands in connection with change of their designation;
      2-2) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) development of the land and economic facilities drafts of the inhabited localities territory, within their ministerial authority for approval by the relevant representative body and their enforcement;
      3-1) establishment of public easements in accordance with Article 69 of this Code;
      4) provision for approval of drafts (diagrams) of land zoning for the representative bodies of city of republican significance, the capital;
      5) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      5-1) provision of the proposals on the issues of grant of agricultural lands on approval of the central authorized body for foreign persons, stateless persons and foreign legal entities;
      5-2) placement of approved drafts of the land and economic facilities of the territory of inhabited localities on the special informative stands in the places open to the inhabitants;
      5-3) reservation of lands in accordance with Article 49-2 of this Code;
      6) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 13.02.2009 No. 135-IV (the order of enforcement see Article 3); dated 04.07.2009 No. 166-IV; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 17. Competence of a district (except districts in cities) executive body

      The competence of district (except districts in cities) executive body in the field of regulation of land relations within the boundaries of district, with the exception of lands of inhabited localities shall include:
      1) grant of land plots to the private ownership and land use, with the exception of cases provided by Article 13, 16, 18 and 19 of this Code;
      1-1) grant of land plots for subsurface use, linked with the state geological study of subsurface resources and prospecting;
      2) seizure of land plots including for the state requirements, with the exception of cases provided by Article 13, 16, 18 of this Code;
      3) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) development of the land and economic facilities drafts of the inhabited localities territory, including the farm lands transferred to the jurisdiction of rural executive bodies for approval by the relevant representative body and their enforcement;
      4-1) reservation of lands in accordance with Article 49-2 of this Code;
      5) providing permission for land plot use for engineering survey works according to paragraph 2 of Article 71 of this Code;
      5-1) establishment of public easements in accordance with Article 69 of this Code;
      5-2) placement of approved land and economic facilities drafts of the inhabited localities territory on the special informative stands in the places open to the inhabitants;
      6) establishment of the special land fund;
      7) is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      8) provision for approval of drafts (diagrams) of land zoning for the representative bodies of district;
      9) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 No. 116); dated 06.07.2007 No. 279; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 18. Competence of a local executive body of city of oblast subordinance

      The competence of local executive body of the city of oblast subordinance in the field of regulation of land relations within the boundaries (limit) of the city and in the territory transferred to its ministerial authority shall include:
      1) grant of land plots to the private ownership and private land use, with the exception of cases provided by the articles 13, 16 and 19 of this Code;
      2) seizure of land plots including for the state requirements, with the exception of cases provided by the articles 13 and 16 of this Code;
      2-1) allocation of land plots to the common-use land in the lands of inhabited localities, as well as exclusion from the categories of common-use lands in connection with change of their designation;
      3) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) development of the land and economic facilities drafts of the inhabited localities territory, within their ministerial authority for approval by the relevant representative body and their enforcement;
      4-1) reservation of lands in accordance with Article 49-2 of this Code;
      5) providing permission for land plot use for engineering survey works according to paragraph 2 of Article 71 of this Code;
      5-1) establishment of public easements in accordance with Article 69 of this Code;
      5-2) placement of approved land and economic facilities drafts of the inhabited localities territory on the special informative stands in the places open to the inhabitants;
      6) establishment of the special land fund;
      7) is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      8) provision for approval of drafts (diagrams) of land zoning for the representative body of city of oblast subordinance;
      9) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 19. Competence of akims of city of district subordinance, rural settlement, village, rural districts

      Competence of akims of cities of district subordinance, rural settlement, village, rural districts in the field of regulations of land relations within the boundaries (limit) of the city, rural settlement, village shall include:
      1) grant of land plots to the private ownership and private land use, with the exception of cases provided by the articles 13 and 16 of this Code;
      1-1) establishment of public easements in accordance with Article 69 of this Code;
      2) proposal to the district (city) akimat on the issue of seizure of land plots, including for the state requirements;
      2-1) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) is excluded by the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).
      Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 19-1. Competence of administration of special economic zone

      Footnote. Article 19-1 is excluded by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012).

Section 2. Property right, land use right and other rights in things to land

Chapter 3. Property right to land

      Article 20. Types of property right to land

      1. State and private land ownership shall be recognized as well as protected in the Republic of Kazakhstan.
      2. Subjects of property right:
      subject of the right of state ownership to land in the territory of the republic – the Republic of Kazakhstan;
      subject of the right of private ownership to land plots on the basis, conditions and within the ambits established by this Code, - citizens and non-state legal entities. By this, the citizens shall be regarded as the citizens of the Republic of Kazakhstan, foreign persons and stateless persons, unless otherwise established by this Code.

      Article 21. Content of property right

      1. Owner is vested in right of possession, use and disposition of the land plot belonging to him.
      2. Rights of the state as well as land owner shall be exercised by the state bodies in accordance with their competence established by this Code and other legislative acts of the Republic of Kazakhstan.
      3. Land plot owner may exercise the rights of owner on the basis, conditions and within the ambits provided by this Code and other legislative acts of the Republic of Kazakhstan.

      Article 22. Origin of property right to land plot

      1. Property right to land plot shall arise by:
      1) grant of property right;
      2) transaction of property right;
      3) devolution of property right in the procedure of universal legal succession (succession, reorganization of a legal person).
      2. Grant, transaction and devolution of the property right shall be performed in recognition of the designation of a land plot.
      3. Property right to land plot shall arise on the basis of:
      1) acts of the state bodies;
      2) civil transactions;
      3) other grounds provided by the legislation of the Republic of Kazakhstan.

      Article 23. Ownership of land plots of citizens and legal entities

      1. Land plots in the state ownership may be granted to the private ownership for citizens and non-state legal entities, with the exception of the land plots which in accordance with this Code may not be in the private ownership.
      2. Private ownership of the citizens of the Republic of Kazakhstan may include the land plots for management of peasant or agrarian economy, personal subsidiary husbandry, forest planting, gardening, personal housing and suburban construction management, as well as granted for building construction or built-up by production and non-production, including residential buildings (constructions, installations) and their complexes, including lands intended for janitorial service (constructions, installations) in accordance with their purposes.
      In case of renunciation of citizenship of the Republic of Kazakhstan by the citizen who is the owner of the land plot granted for management of peasant or agrarian economy, personal subsidiary husbandry, forest planting, gardening and suburban construction management, the property right shall be subject to alienation or reissuance according to the regulations of Article 66 of this Code.
      3. Private ownership of the non-state legal entities of the Republic of Kazakhstan may include land plots granted for conduct of commercial agriculture, forest planting, for building construction or built-up by production and non-production, including residential buildings (constructions, installations) and their complexes, including lands intended for janitorial service (constructions, installations) in accordance with their purposes.
      4. Private ownership of foreign persons, stateless persons and foreign legal entities (non-state) may include land plots for the purposes mentioned in paragraph 3 of this Article, with the exception of lands intended for conduct of commercial agriculture and forest planting.
      The grant of land plots located in the frontier zone and frontier belt of the Republic of Kazakhstan to the private ownership of foreign persons, stateless persons and foreign legal entities shall be prohibited.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 24. Property right to agricultural lands

      1. Agricultural land plots in the state ownership may be granted to individual and legal entities on the basis of land use right and (or) as a private property in a manner and in terms established by this Code.
      Grant of agricultural land plots to the private ownership in capacity of the state land grant for agricultural production conducting shall be prohibited.
      Foreign persons, stateless persons, foreign legal entities, as well as legal entities in the charter the capital of whose, the participatory share accounts for more than fifty percent, may have in possession agricultural land plots only on the basis of temporary land use on lease for the period until ten years.
      2. Grant of right of private ownership to agricultural land plot shall be performed on a paid basis.
      Citizens and non-state legal entities interested in grant of right of private ownership to land plot (land plots) for management of peasant or agrarian economy, conduct of commercial agriculture and forest planting may:
      1) accrue a right of private ownership to land plot at the price of cadastral (assessed) value of the land plot determined in accordance with the articles 10 and 11 of this Code;
      2) accrue a right of private ownership to land plot at preferential price determined from its cadastral (assessed) value.
      By this the amount of preferential price of land plots on administrative-territorial entities shall be established by the Government of the Republic of Kazakhstan.
      The citizens and non-state legal entities of the Republic of Kazakhstan previously ransomed the right of permanent land use (right of long term land use) from the state to land plot for management of peasant or agrarian economy and commercial agriculture in accordance with the legislation of the Republic of Kazakhstan effected at the time of consummation of transactions, from the moment of enforcement of this Code shall be become the owners of land plots with no additional charge levied on the acquisition of a right of private ownership within normal limits of land plots established by this Code.
      Enforcement of the right to land plot by specified persons shall be performed in the manner provided by paragraph 3 of this Article.
      3. Person fully contributed fee for acquisition of a right of private ownership to land plot in accordance with:
      subparagraph 1) of paragraph 2 of this Article shall have the right to make any transactions with land plot, not prohibited by the legislation of the Republic of Kazakhstan;
      subparagraph 2) of paragraph 2 of this Article shall have the right to make any transactions with land plot, not prohibited by the legislation of the Republic of Kazakhstan, upon expiry of restriction period for consummation of transactions with land plot accrued at preferential price, which equal to two years for every ten percent of reduction of the cadastral (assessed) value of the land plot.
      This restriction shall not apply to pawning of the land plot.
      4. Payment of a sum at land plots acquisition, mentioned in paragraph 2 of this Article may be performed by installment in the manner prescribed by Article 49 of this Code.
      5. In case of renunciation of citizenship of the Republic of Kazakhstan by the owner of agricultural land plot within three months from the date of renunciation of citizenship at the choice of owner, the land plot shall be alienated or the right to land plot shall be reissued to the right of temporary land use on lease for the period until ten years or with the consent of local executive body, the land plot shall be returned to the state ownership with payment of the price at which this land plot was purchased from the state (owner).
      6. Agricultural land plots directly affiliated (three kilometers long zone) to the conservation zone of the State boundary of the Republic of Kazakhstan shall be granted only to the citizens and legal entities of the Republic of Kazakhstan on the basis of right of temporary land use until their delimitation and demarcation, unless otherwise established by the legislation of the Republic of Kazakhstan on State boundary of the Republic of Kazakhstan.
      Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 06.06.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 25. Enforcement of the right of private ownership

      1. Owner of a land plot shall exercise rights to possession, use and disposition of a land plot in his own discretion without obtaining permits of the state bodies, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan.
      2. Owner shall have the right to make any transactions in relation to his land plot without change of its designation, not prohibited by the legislative acts of the Republic of Kazakhstan.
      Owners of agricultural land plots shall exercise specified rights in recognition of regulations of this Code.
      Property right to the land plot shall be transferred to the other person with all encumbrances presented at the moment of consummation of transactions.
      3. Owner of a land plot shall have the right to deliver land plot without change of its designation for the temporary use on the basis of agreement for temporary use of land plot. Agreement of temporary use of land plot shall be concluded in a form of contract of lease (with landholder) or contract for uncompensated use (with uncompensated user).

      Article 26. State land ownership

      1. State ownership shall include land plots granted to the bodies of State power, public Law bodies and government institutions used for needs of defence and national security, occupied by specially protected natural areas of healthful and historical-cultural purposes, forest funds and inventory of water resources, common use on lands of inhabited localities, reserve lands, including special land fund, pasture and hay lands of rural settlements and rural-type settlements, as well as distant pastures and other lands not transferred to the private ownership.
      2. Private ownership may not include land plots occupied (by):
      for needs of defence and national security, defence industry in the state ownership;
      engineering structures, communications raised for protection and guarding of State boundary of the Republic of Kazakhstan;
      custom needs;
      specially protected natural areas;
      forest fund, with the exception of land plots listed in paragraph 4 of Article 128 of this Code;
      inventory of water resources, with the exception of land plots listed in paragraph 2 of Article 133 of this Code;
      main railway network and general-purpose highways;
      shared areas in the inhabited localities, with the exception of land plots occupied by buildings and installations on the basis of private property, and required for their janitorial service.
      Rating of lands to one or another category shall be established by reference to their designation and permitted use in accordance with the land zoning.
      3. Citizens and non-state legal entities shall not be granted in separate ownership and land use by the land plots occupied by:
      pasture and hay lands used and intended for needs of the public;
      general use road including roads of inter-farm and inter village significance, as well as intended for access to common-use land plots;
      flooding installations of joint use (water supply canals, water escape, water wells, watering places) of two or more owners of land plots or land users.
      4. Land plots reserved in the prescribed manner for development of specially protected natural areas, main railway lines, general-purpose highways and main pipelines, connections, subsurface use, power engineering, as well as intended in accordance with the approved architectural and town-planning and (or) construction documents for construction of works of ministerial and social significance (airports, airdrome, railway stations, general use road, halls of the state bodies, hospitals, schools, public housing, parks, boulevards, public gardens and other community facilities) may be granted to the land users for other purposes on the basis of right of temporary land use until their project mastery.
      5. Default in grant of land plots in the state ownership to the ownership of citizens and non-state legal entities shall be prohibited if these land plots may be in the private ownership in accordance with this Code.
      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2009 No. 166-IV; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 27. Enforcement of the right of state ownership

      Land plots from the lands in the state ownership may be:
      1) sold or transferred to the private ownership without compensation;
      1-1) provided to be paid by the charter the capital (property) of the social-entrepreneurial corporations having a status of the national company;
      2) granted to the permanent or temporary use;
      3) realized in other legal forms in cases provided by this Code, other legislative acts of the Republic of Kazakhstan or international treaties.
      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 6 July, 2007 No. 279.

Chapter 4. Land use right

      Article 28. Regime of land use right

      Land use right is a Law of things. Land use right shall be applied by the regulations on the property right considering that it is not inconsistent with this Code and nature of the Law of things.

      Article 29. Types of land use right

      1. Land use right may be permanent or temporary, alienable or unalienable, acquired for a on a remuneration basis or without charge.
      2. No one may be deprived of land use right other than on the grounds established by this Code and other legislative acts of the Republic of Kazakhstan.

      Article 30. Subjects of land use right

      Land users shall be divided into:
      1) state and non-state;
      2) national and foreign;
      3) individual and legal entities;
      4) permanent and temporary;
      5) primary and secondary.

      Article 31. Origin of land use right

      1. Land use right shall arise by:
      1) grant of land use right;
      2) transaction of land use right;
      3) devolution of land use right in the procedure of universal legal succession (succession, reorganization of a legal person).
      2. Grant, transaction and devolution of the property right shall be performed in recognition of the designation of a land plot.
      3. Land use right shall arise on the basis of:
      1) acts of the state bodies;
      2) civil transactions;
      3) other grounds provided by the legislation of the Republic of Kazakhstan.

      Article 32. Grant of land use right

      1. Grant of land use right signifies the vesting of land use right directly by the state.
      2. Grant of land use right to the citizens and legal entities shall be performed on the basis of decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance in accordance with the competence on provision of land use right.
      3. Upon granting of the temporary land use right to the land users, the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance within its competence shall conclude land rental agreement with such land users or agreement of a temporary uncompensated land use on the basis of relevant decision of the Government of the Republic of Kazakhstan or local executive body on grant of temporary land use right.
      4. If the land plot intended for carrying out activities or commission of actions required the license or conclusion of a contract of subsurface use, the grant of land use right for this plot shall be performed after receipt of a license or conclusion of a contract of subsurface use.
      This rule shall not apply to the cases of transaction of right to land plot to the engineering company for carrying out activities of organization of houses (apartment houses) building construction at the expense of interest holders’ fund raising in accordance with the legislative act of the Republic of Kazakhstan on the participation interest in the housing construction.
      Existence of contract of the subsurface use is the constitute ground for the prompt registration of a land plot.
      Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 275; dated 06.07.2007 No. 279; dated 10.07.2009 No. 180-IV; dated 11.07.2009 No. 183 (the order of enforcement see Article 2); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012).

      Article 33. Transaction of land use right

      1. Transaction of land use right signifies the vesting of land use right directly by the other land user.
      Transaction of land use right shall be performed on the basis of civil transactions, as well as on the other grounds provided by the legislation of the Republic of Kazakhstan.
      Alienation of land use right shall be performed on the basis of civil transactions (purchase and sale, deed of gift, permutation and other).
      Transaction of land use right to the other person for a specified period shall be performed on the basis of rental agreement or temporary uncompensated use of a land plot.
      Transaction and alienation of land use right may be performed only by the persons ransomed the right of temporary compensated land use (leasehold).
      Redemption of the temporary compensated land use right (leasehold) is not required:
      1) at hypothecation, as well as in realization of subject of a pledge by the pledge holder on default or in case of default in performance of obligations by the mortgagor, as well as in capacity of the contribution to the charter the capital of economic partnership in return of the capital share of a joint-stock company or in capacity of contribution to the production cooperative;
      2) to land plot occupied by alienable buildings (constructions, installations), as well as intended for their exploitation, as part of the lands of forest funds and inventory of water resources, specially protected natural areas of healthful, recreational and historical-cultural purposes;
      3) at cession of land plots by administration company of a special economic zone to the secondary land use (sublease) in accordance with the legislation of the Republic of Kazakhstan on the special economic zones.
      Land users have no right to change the designation of land plot on a stand-alone basis in case of alienation and transaction of land use right.
      2. Consummation of transactions by land users in relation to land use right shall be prohibited on lands (of):
      1) common-use;
      2) granted for needs of defence and national security;
      3) forest fund;
      4) specially protected natural areas of healthful, recreational and historical-cultural purposes;
      5) service allotment;
      6) land plots granted on the basis of right of temporary uncompensated land use and temporary compensated short-term land use (on a leasehold basis);
      7) land plots granted on the basis of right of temporary land use for management of peasant or agrarian economy and commercial agriculture, with the exception of hypothecation, as well as in capacity of the contribution to the charter the capital of economic partnership in return of the capital share of a joint-stock company or in capacity of contribution to the production cooperative;
      8) inventory of water resources.
      2-1. Restrictions provided by paragraph 2 of this Article shall not be applied to transactions, as well as to pledge, made by land users in relation to land use right of the land plot occupied by alienable buildings (constructions, installations), as well as intended for their exploitation, as part of the lands of forest funds and inventory of water resources, specially protected natural areas of healthful, recreational and historical-cultural purposes.
      3. Cession of land plot belonged to the land user for the temporary land use to other person (secondary land user), as well as alienation of temporary land use right shall be performed in recognition of provision of regulations, provided by paragraph 4 of Article 32 and paragraph 3, Article 37 of this Code.
      Footnote. Article 33 as amended by the Laws of the Republic of Kazakhstan dated 6 July, 2007 No. 279; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 34. Permanent land use right

      1. The following state land users shall be granted by land plots on the basis of permanent land use right:
      1) legal entities possessing the buildings (constructions, installations), premises in objects of condominium on the basis of right of economic control or right of operational management;
      2) legal entities carrying out agricultural and forestry production, as well as for research, experimental and educational purposes;
      3) legal entities engaged in land use on the lands of specially protected natural areas;
      4) in other cases provided by the legislative acts of the Republic of Kazakhstan.
      2. Permanent land use right may not belong to foreign land users.
      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 6 July, 2007 No. 279.

      Article 35. Temporary land use right

      1. Land plot may be granted to the citizens and legal entities on the basis of right of temporary land use (on a leasehold basis) or on the basis of temporary uncompensated land use.
      2. Temporary uncompensated land use right shall be granted for a period up to 5 years, unless otherwise provided by this Code and legislative acts of the Republic of Kazakhstan.
      Temporary compensated land use right (leasehold) may be short sighted (to 5 years) and long-term (from 5 to 49 years), with the exception of cases of grant of temporary compensated land use right for management of peasant or agrarian economy provided by this Code.
      Absolute deadline of temporary compensated land use right (leasehold) shall be established on the basis of motion of the land tenant in recognition of specific characters of land plot’s designation in accordance with the time limits of temporary land use established by this Code.
      4. Unilateral termination of the agreement of temporary land use, except to the extent provided for in this Code, as well as the cases when the procedure for termination declared in this agreement shall be prohibited.
      5. Return of a land plot granted on the basis of land use right to the state ownership shall be performed in accordance with concluded rental agreement of a land plot or with the agreement of temporary uncompensated land use.
      Footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 36. Temporary uncompensated land use right

      1. Land plots on the basis of temporary uncompensated land use right may be granted to the citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan:
      for distant-pasture cattle tending (seasonal pastures);
      for cattle grazing of population and haying;
      to the state land users;
      for conduct of vegeculture;
      in the form of service allotment;
      for period of general use road construction, objects of state ownership and social and cultural purposes;
      in restoration of degraded and disturbed lands;
      for the duration of the public-private partnership agreement;
      at granting in the prescribed manner by the legislation of the Republic of Kazakhstan of buildings (premises) and installations for the temporary uncompensated use;
      for objects of religious structures;
      in other cases provided by this Code and legislative acts of the Republic of Kazakhstan.
      2. Term of the temporary uncompensated land use may not exceed five years, with the exception of cases of grant of land plots in a form of service allotment and for restoration of degraded and disturbed lands, as well as in cases of grant of land plots for realization of concessional project.
      Term of the temporary uncompensated land use of a land plot granted for buildings (premises) and installations shall be established by the term of temporary uncompensated use of buildings (premises) and installations, as well as religious structures.
      3. Alienation of land plots on a right of temporary uncompensated land use, including their transfer to the secondary land use shall be prohibited.
      Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (the order of enforcement see Article 2).

      Article 37. Temporary compensated land use right (leasehold)

      1. Temporary compensated (short slighted and long term) land use right (leasehold) of a land plot may be granted to the citizens, non-state legal entities, as well as international organizations.
      2. Temporary compensated land user (land tenant) performing his duties in the proper way shall have the right to settle a contract for a new term upon expiry of contract time in other equal conditions prior to other persons, unless otherwise provided by the legislative acts of the Republic of Kazakhstan or the contract. Land tenant shall be obliged to notify landlord in writing about intendment to settle the contract within the period specified in the contract, if this term is not specified in the contract, within three months before the end of the term of contract time.
      3. Non-state land users, except those specified in paragraph 5 of this Article, ransomed the temporary compensated long term land use right (leasehold) from the state shall have the right to let out land plots (or their parts) belonged to them for lease (sublease) or for temporary uncompensated use, as well as alienate temporary land use right belonged to them, within the term of rental agreement of a land plot without the consent of land plot’s owner, on condition of notification of the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance, at location of a land plot, unless otherwise provided by this Code.
      In the specified cases, the amenable on the rental agreement of a land plot towards the landlord shall become the new land tenant of a land plot, with the exception of transaction of rental rights on the pledge.
      4. Upon selling of a land plot in the state ownership, the land tenant of this land plot has a priority right of its buying in the manner prescribed by civil legislation of the Republic of Kazakhstan for sale of share in right of common ownership to a third person, with the exception of cases when a leasable land plot shall be acquired by the owners of buildings, constructions and installations.
      5. Temporary compensated land use right (leasehold) shall be granted:
      1) for management of peasant or agrarian economy:
      to the citizens of the Republic of Kazakhstan for a term from 10 to 49 years;
      to oralmans for a term up to 10 years;
      2) for commercial agriculture:
      to non-state legal entities of the Republic of Kazakhstan for a term up to 49 years;
      to foreign persons and stateless persons for a term up to 10 years.
      Footnote. Article 37 as amended by the Laws of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 No. 116); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 38. Secondary land use right (sublease)

      1. Secondary land use shall accrue on the basis of agreement of the secondary land use in cases when the primary land user does not alienate his land use right, but transfers his land plot (or its part) to the other person for temporary land use upon notice of the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance at location of land plot.
      The secondary land user is always a temporary land user without right of transaction of his rights to other land users.
      2. Upon transferring of a land plot to the secondary land use, the primary and secondary land users shall incur obligations to the State to the full extent.
      3. Agreement of the secondary land use shall be concluded in a form of rental agreement or agreement of temporary uncompensated use.
      4. The secondary land user shall perform the husbandry on a land plot, as well as shall exercise rights and obligations of land user (articles 64 and 65 of this Code) in compliance of conditions established by agreement for the secondary land use (sublease).
      5. Delivery of agricultural land plots belonging to the individual and legal entities on the basis of right of temporary land use for agricultural production conducting to the secondary land use shall be prohibited, except the cases of grant of land plots in the procedure of service allotment in accordance with Article 41 of this Code.
      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 No. 116).

      Article 39. Special aspects of legal status of state land users

      1. State land users shall perform the husbandry on a land plot, as well as shall exercise the other rights of a land user in recognition of designation of this land plot and statutory goals of land user’s activity.
      2. State land user has no right to alienate, as well as deliver in security for the land use right belonging to him.
      Provision of first part of this paragraph shall not apply to the cases of alienation of land use right or its pledge linked with alienation or pledge of realty located on a land plot, with the exception of land plot located on lands of specially protected natural areas.
      3. Land use right belonging to the state land users may not be the object of foreclosure after demands of creditors, except the cases of foreclosure on land use right in connection with the foreclosure after demand of creditors for buildings (constructions, installations) belonging to the state land users (paragraph 3 of Article 78 of this Code).
      4. In case of leasing by the state land user of buildings (constructions, installations) belonging to him in the prescribed manner, the land plot occupied by the specified property shall be transferred together with them by the rules established by paragraph 3 of Article 52 of this Code and required for its exploitation in accordance with statutory standards.
      Leasing of the land plot on which located buildings (constructions, installations) to the other person without relevant leasing of the building (construction, installation) shall be prohibited.
      5. Leasing by the state land user of a land plot belonging to him for temporary uncompensated land use shall be prohibited, with the exception of cases of grant of a land plot in the procedure of service allotment.
      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 7 July, 2006 No. 176 (shall be enforced from the date of its first official publication).

      Article 40. Devolution of land use right in procedure of universal legal succession

      1. Devolution of land use right in the procedure of universal legal succession means origin of land use right of successor in succession in accordance with the Law and in reorganization of a legal person.
      2. In case of death of the citizen whose land plot belongs to him on the basis of long term temporary land use right, the land use right shall be inherited in the manner provided by civil legislation of the Republic of Kazakhstan. If otherwise provided by the agreement of temporary land use, the short slighted temporary land use right shall be inherited in the same manner.
      3. In case of reorganization of a legal person, the land use right belonging to him shall be transferred to the successor in accordance with the regulations of civil legislation of the Republic of Kazakhstan and this Code.

      Article 41. Service allotment

      1. Service allotment is a special kind of temporary long term land use without compensation.
      2. The list of categories of employees entitled to the service allotment shall be established by the Government of the Republic of Kazakhstan.
      3. Service allotment shall be allocated from lands in land use of the state legal entities, where persons entitled to allotment are at work.
      4. Service allotment shall be granted for service of dwelling house, crop growing, haying, grazing of livestock, as well as apiary location.
      5. Service allotment applies to the secondary temporary uncompensated land use and shall be granted for the period of work in connection of which it is allocated. In case when sowing of crops is performed on the service allotment, the right of use of service allotment shall be terminated after taking in the harvest by the redundant worker.
      6. Service allotment shall be preserved by:
      1) workers terminated employment after retirement according to age and permanent disablement;
      2) families of workers called for active obligated service to the ranks of armed Service or entered the study, for the whole time period of these workers in active obligated service or an educational institution;
      3) families of workers died in connection with performance of their official duties: for incapable spouse and aged parents – for the term of life, for children – till their majority age.
      7. Right to service allotment in the form of land plot for service of dwelling house shall be preserved to the extent that in accordance with the housing legislation of the Republic of Kazakhstan the habitation shall be preserved in a service housing units.
      8. Grant of land plot in the procedure of service allotment shall be performed on the basis of service allotment grant agreement, concluded between worker and administration of a legal person.
      9. Consummation of any transactions in relation to right of land use of service allotment shall be prohibited.
      Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. Land plot as object of property right, land use right and other rights in things

      Article 42. Limits of right to land plot

      1. Right to land plot, unless otherwise provided by the legislative acts of the Republic of Kazakhstan shall apply to uppermost soil layer, enclosed body of water, plantations within the boundaries of this land plot.
      Use of earth interior under soil layer by the owner of land plot or land user shall be performed in accordance with the designation of a land plot and legislative acts of the Republic of Kazakhstan, regulating relations in the field of subsurface use. Grant of right of subsurface use to extraction of widespread commercial minerals and ground waters for own requirements shall be performed at the same time with grant of a land plot under which are the widespread commercial minerals and ground waters, to the private ownership or land use.
      2. Owners of land plots or land users shall exercise their own rights to land plots at their own convenience, unless otherwise provided by this Code and legislative acts of the Republic of Kazakhstan.
      Rights to land of owners of land plots and land users may be limited on the grounds established by this Code and other legislative acts of the Republic of Kazakhstan.
      3. Owners of land plots or land users in the exercise of environmental emission shall be obliged to receive environmental permit in accordance with the Environmental Code of the Republic of Kazakhstan.
      Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Article 2).

      Article 43. Procedure for grant of right to land plot

      1. Grant of right to land plot from the lands in the state ownership shall be performed in the following sequence:
      1) admittance to examination of application about grant of relevant right to land plot;
      2) determination of possibility to use the purchased land plot upon declared designation in accordance with the territorial zoning;
      3) preselection of a land plot (soliciting a land plot for construction of objects);
      4) preparation of conclusion by commission established by the relevant local executive bodies on grant of a land plot;
      5) development and approval of land surveying project;
      6) deciding by the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on granting the right to land plot;
      7) conclusion of buy and sell agreement or temporary (short sighted, long term) compensated (uncompensated) land use;
      8) establishment of the site boundaries of a land plot;
      9) creating and issue of identity document for a land plot;
      2. Grant of land plots to the ownership or land use shall be performed by the local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance, akims of cities of district subordinance, rural settlements, villages, rural districts within their competence, established by this Code.
      Decision on grant of land plot shall be adopted on the basis of favorable conclusion of commission and land surveying project.
      Default in grant of land plot shall be adopted on the basis of negative conclusion of commission.
      Commission shall be created by the local executive bodies of oblast, city of republican significance, the capital, district, city of oblast subordinance from the deputies of local representative body, authorized agents of authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance, structural subdivisions of the relevant local executive bodies exercising functions in the field of architecture and urban construction, as well as local self-government bodies (in their existence).
      Composition of commission at the level of oblasts, cities of republican significance, the capital, shall also necessarily include authorized agents of the relevant regional divisions of the authorized bodies in the field of environmental defence, agricultural industry and forestry management, use and protection of inventory of water resources, land resources management. Upon the election of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, other persons may be included to the composition of commission.
      Decision of akims of cities of district subordinance, villages, rural districts on grant of a land plot shall be adopted on the basis of favorable conclusion of commission, created by the local executive bodies of district, city of oblast subordinance, and land surveying project.
      Decision of akims of cities of district subordinance, rural settlements, villages, rural districts of default in grant of land plot shall be adopted on the basis of negative conclusion of commission.
      Conclusion of commission shall be made in duplicate in the form of protocol resolution within five business days from the date of receipt of proposals on usability of purchased land plot upon declared designation in accordance with the land zoning or grant of preselection of a land plot (soliciting a land plot for construction of objects).
      One copy of favorable conclusion of commission shall be passed within five business days to the applicant for preparation of land surveying project.
      3. Individual and legal entities interested in grant of property rights and (or) land use right to land plots shall submit an application to the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance rural settlement, village, rural district at location of a land plot.
      Application shall include the object of use of a land plot; its estimated dimensions; location; purchased right of use; existence (absence) of other land plot (on the land plots mentioned in paragraph 2 of Article 50 of this Code).
      In case of resource development the application shall include a copy of contract for subsurface use.
      Application of grant of right to land plot shall come in to the authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance within three business days at location of a land plot for determination (in inhabited localities joined with architecture and urban construction bodies) of possibility to use of purchased land plot upon declared designation in accordance with the land zoning.
      Aggregate term of application processing on grant of right to land plot is up to two months from the date of its receipt.
      In case of presentation of incomplete set of documents required for deciding on grant or default in grant of right to land plot, the authorized bodies of oblast, cities of republican significance, the capital, districts, cities of oblast subordinance at location of land plot within two business days shall give motivated written refusal to the applicant in application processing.
      Stated period shall not include periods:
      of land surveying project creation prepared in accordance with paragraph 3 of Article 44 of this Code;
      of precedence established by paragraph 6 of Article 44 of this Code;
      establishment of the site boundaries of a land plot.
      4. Authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance at location of land plot shall determinate (in inhabited localities joined with architecture and urban construction bodies) a possibility to use the purchased land plot upon declared designation in accordance with the land zoning.
      Term of preparation of proposals on possibility to use the purchased land plot upon declared designation in accordance with the land zoning is up to ten business days from the date of receipt of application.
      5. Features of grant of land plots depending on designation shall be established in accordance with the articles 44 and 45 of this Code.
      6. Default in grant of right to land plot, with the exception of cases of seizure of land plots including for state requirements in accordance with Article 84 of this Code shall be executed by the decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district and may be motivated, and copy shall be presented to the applicant within seven days period after deciding.
      Decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on default in grant of right to land plot shall be adopted within seven days period from the date of receipt of relevant conclusion of commission.
      7. Copy of decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on grant or default in grant of the relevant rights to land plots shall be presented (transferred) to the applicant within five business days from the date of decision.
      In the cases when grant of land plots shall be included in the competence of superior executive body, the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district shall send up a land management file with own decision to the superior body in order for final decision.
      Decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on grant of right to land plot shall be adopted within seven business days from the date of receipt of land surveying project approved by the relevant authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance.
      Buy and sell agreement or agreement of temporary (short sighted, long termed) compensated (uncompensated) land use shall be concluded by the authorized body on land relations on the basis of decision on grant of right to land plot prior to ten business days from the date of decision.
      Establishment of the site boundaries of a land plot shall be performed on the basis of application of the applicant in the manner prescribed by the legislation of the Republic of Kazakhstan.
      Creating and issue of identity document for a land plot shall be performed by the republican state enterprises, conducting the state land cadastre within the six business days in the manner prescribed by the legislation of the Republic of Kazakhstan.
      In existence of land surveying project of siting of land plots on a ground for individual housing construction, the creation of land surveying project shall not be required for every land plot.
      8. Land plots and leasehold interest for land plots in the state ownership may be paragraphs of sale in trading (tenders, auctions) in recognition of provisions established by Article 48 of this Code.
      9. Identity documents for a land plot issued by the republican state enterprises, conducting the state land cadastre are:
      in the private ownership to land plot – the act for right of private ownership to land plot;
      in the permanent land use – the act for right of permanent land use;
      in the temporary compensated land use (lease) – the act for right of temporary compensated (long term, short sighted) land use (lease);
      in the temporary uncompensated land use – the act for right of temporary uncompensated land use.
      In devolution of rights to land plot, the identity document shall be transferred to acquirer or other possessor of a right. In the absence of changes of the identifying characteristics of land plot by a body, conducting the state land cadastre, the new identity document shall not be issued, but information about devolution of rights to land plot shall be recorded in the land cadastre book and unified state register of lands.
      Record of information on devolution of rights to land plot shall be performed on the basis of materials provided by a body, making state real property title registration.
      10. Use of a land plot shall be prohibited until specifically establishment of its boundaries (on the ground) and issue of constitutive documents, unless otherwise provided by decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on grant of a land plot. The noncompliance with this regulation shall be treated as unauthorized occupation of a land plot and shall prescribe the administrative responsibility, in accordance with the legislation of the Republic of Kazakhstan on administrative violations.
      Consummation of transactions shall be prohibited in reference to land plots, the title documents of which are not executed.
      11. The title and identity documents for land plots granted to citizens and legal entities before enforcement of this Code in accordance with the previous legislation of the Republic of Kazakhstan shall preserve the legal force in recognition of change of rights to land plots established by the land legislation of the Republic of Kazakhstan.
      Substitution of these documents to the documents identifying the property right or right to use of land plots in accordance with this Code shall be performed at the wish of possessor of a right.
      12. Right to land plot shall be granted to the persons attained the age of majority, with the exception of cases of registration of rights to land plots for non-adult persons received these land plots under procedure of inheritance in accordance with civil legislation of the Republic of Kazakhstan. Legal representatives of non-adult persons shall have the right to let the land plots on lease until the attainment of heir’s majority.
      13. Order of grant of rights to land plots authorized in accordance with the legislative act of the Republic of Kazakhstan on grace in connection with legalization of property shall be established by the Government of the Republic of Kazakhstan.
      14. Local executive bodies at least once during the quarter shall be obliged to place the information with a list of persons received a land plot on the special informative stands in the places open to the inhabitants.
      Footnote. Article 43 is in the wording of the Law of the Republic of Kazakhstan dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012); as amended by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013); dated 04.07.2013 No. 130-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 44. Grant of land plots for construction of objects

      1. Soliciting a land plot for construction of objects, the choice of a land plot shall be provisionally performed.
      The results of choice of a land plot for construction of an object, and in the cases of necessity and for establishment of its conservation or sanitary protection zone shall be executed by the act of land plot choice, by the structural subdivisions of the relevant local executive bodies exercising functions in the field of architecture and urban construction. This act shall be accompanied by the projects of boundaries of each land plot in accordance with the possible variants of their choice.
      The necessary conformity for issuance of land allocation certificate for construction of the facility shall be performed by the structural subdivisions of the relevant local executive bodies, exercising functions in the field of the architecture and urban construction.
      By this, the grant of land plots for construction without city plans and (or) housing projects, performed on the basis of the general plans of inhabited locality (or development scheme, that replace them and development of inhabited localities with a population below five thousand people), as well as the structure plans for the inter-settlement areas shall be prohibited.
      2. The choice of a land plot and drawing up of the act on a choice of a land plot shall be performed within ten business days followed by the transfer of the act on a choice of a land plot to the commission for consideration and drawing of conclusion in accordance with paragraph 2 of Article 43 of this Code.
      3. The land use project on a grant of the right to land shall be prepared on the basis of findings by a commission.
      The area of the granted land plot, its boundaries and location, the adjoining owners of a land plot and land users, as well as the encumbrance and servitudes of the granted land plot shall be specified as a part of the land use project.
      In the case of supposed seizure, compulsory alienation of a land plot for the state requirements, the calculations of losses by the owner of land plots and land users (lessee), diseconomies of agricultural and forestry production depending on the type of seized lands.
      4. The draft decision of the local executive body on a grant of the relevant right to land shall be prepared on the basis of the land use project by the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance, at location of the land plots.
      5. Soliciting a land plot for construction of oil, gas and transportation infrastructure facilities, linked with the transportation across the main oil pipelines, further storage and oil and gas transfer on the other types of transport, land allocation certificate and land surveying project shall be conformed also with the authorized state body of the Republic of Kazakhstan in the field of the oil, gas transportation infrastructure.
      5-1. The construction of dwelling houses, including detached houses on agricultural lands shall be allowed after the transfer of mentioned lands to the category of inhabited localities lands only, in accordance with the confirmed general plan of this inhabited locality (or other design documentation, replaced the general plan for small rural-type settlements) and in existence of city plan or housing project on these plots only. By this, the loss recovery of the agricultural production shall be performed in accordance with Article 105 of this Code.
      6. In case, when the dwelling houses, other buildings and constructions, as well as the engineering services and plantations, which shall be subject to be demolished or transferred (including those, which get in the sanitary protection zone of the industrial enterprises, at allotment of lands), the applicant or his authorized representative shall ensure the conformities required for allotment of a land plot on his own behalf.
      Additionally, the applicant shall present the agreement, concluded with each of the landowners, on the terms of loss compensation to the owner.
      The terms and conditions on a resettlement, transfer of the relevant constructions, engineering services, plantations, tenant builder’s obligations on the compensation of losses linked with the demolition of the property shall be mentioned in the agreement.
      7. The draft decision on a grant of the right to land plot of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, the akim of city of district subordinance, rural settlement, village, rural district shall contain:
      the name of the legal or physical person who is granted the right to land;
      the designation of a land plot;
      land area;
      the type of the right to land, encumbrance, servitudes;
      the redemption price of a land plot or land use right in the case of grant of the land plot at charge, the terms and conditions of conclusion of the buy and sell agreements;
      the last name, first name, patronymic (in its existence) of the legal entity or the name of the legal entity, from whom the seizure, compulsory alienation of the land plots shall be performed for the state requirements with specification of their size;
      other conditions.
      For the small businesses, the designation of the land plot for construction independent from the types of activity shall be established as the janitorial service (buildings and constructions).
      8. Soliciting the land plots for individual housing construction, the citizens’ applications (petitions) shall be registered and allowed when the site preparation completed for allotment of lands or in existence of free territories, used for individual housing construction. On the granting of land plots for individual housing construction on a gratuitous basis, an existence or absence of the land plots belonging to citizen, the rights to which were granted by the state for individual housing construction shall be considered. Information on existence or absence of these land plots shall be presented by the authorized body of the city of republican significance, the capital, district, city of oblast subordinance to the commission at the local executive body for preparation of conclusion and decision by the relevant local executive body on a grant of land plots.
      The local executive bodies of the city of republican significance, the capital, district, city of oblast subordinance, the akims of rural settlements, villages, rural districts shall be obliged to provide information accessibility on the site preparation for allotment and on the priority list for a grant of land plot for individual housing construction by their placement on special information stands and (or) by publication in mass media in State and Russian languages, at least once every quarter.
      Footnote. Article 44 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 31.01.2006 No. 125; dated 06.07.2007 No. 279; dated 10.07.2009 No. 180-IV; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 45. Grant of land plots that are not linked with building construction

      1. On the basis of application of the person, interested in the granting of land plots to the ownership or land use, which are in the state ownership, the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance (in inhabited localities jointly with the bodies of architecture and urban construction) shall determine a possibility of using the solicit land plot on a predicated designation in accordance with the land surveying and town-planning reglaments.
      The suggestions on usability of a land plot shall be presented to the commission for consideration and drawing of conclusion in accordance with paragraph 2 of Article 43 of this Code.
      2. On the basis of findings by a commission, the land surveying project and draft decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, the akim of the city of district subordinance, rural settlement, village, rural district on a grant of the relevant right to land plot.
      Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 10 January 2006, No. 116 (the order of enforcement see Article 2 No. 116); by the Law of the Republic of Kazakhstan dated 6 July 2007 No. 279.

      Article 46. Grant of land plots to oralmans

      1. Grant of the land plots for the personal subsidiary husbandry, gardening and suburban construction to oralmans shall be performed as temporary uncompensated land use right from the lands of rural-type settlements, agricultural lands, immigrant land fund, special land fund and reserve lands.
      2. Grant of the land plots for management of peasant or agrarian economy and agricultural production of commodities to oralmans as the temporary land use shall be performed from the agricultural lands, special land fund, immigrant land fund and reserve lands.
      3. After acquisition of nationality of the Republic of Kazakhstan, the granted land plots shall come into their private ownership in a manner and in terms established by this Code.
      4. The regulations of Article 48 of this Code shall not apply to the land plots granted to oralmans.
      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 47. Acquisition of rights to land plots that are in the state ownership

      1. Grant of the land plots in the state ownership to the ownership of citizens and non-state legal entities entitled to acquire land plots in a private ownership shall be performed on a remuneration basis.
      Grant of the land plots to the ownership of citizens and non-state legal entities may be performed by gratuitous title in cases provided by this Code and other legislative acts of the Republic of Kazakhstan.
      2. The persons interested in the purchase of a land plot shall file the petition to the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, the akim of city of district subordinance, rural settlement, village, rural district at location of the land plot, which shall be considered in the manner prescribed in the articles 43-45 of this Code, depending on the designation of the land plot.
      3. If the physical or non-state legal entity intent to ransom the land plot to the private ownership, which previously was granted him for land use, this person shall file an application to the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, the akim of city of district subordinance, rural settlement, village, rural district.
      The application shall be accompanied by:
      a document certifying a right to land plot, or the notarized copy of the document;
      a copy of tax inspection certificate;
      a certificate from the estate center on the absence of encumbrance on a land plot, which bars the making of transaction;
      a certificate on a state registration (re-registration) of a legal entity.
      The authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance at location of a land plot shall identify a land plot on a cadastral documentation, shall prove the cadastral (assessed) value of a land plot and shall prepare a draft decision on a grant of the right to private ownership on a land plot.
      Decision on a grant of land plot to the ownership must be accepted within a period of one month from the date of filing of the application in a written form by a land user to the local executive body.
      The authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance at location of a land plot shall draw up and sign a buy and sell agreement of a land plot together with a customer.
      4. When the customer received a land plot doesn’t perform his duties on a payment basis within the period established by agreement, the seller is entitled to ask for payments of the transferred land plot or ask for its return.
      If the customer doesn’t perform his duties on a payment basis within the period established by agreement and otherwise provided by agreement, the penalty shall be paid on outstanding amount from the day when the land plot should be paid, until the date of payment of the land plot by the customer. Amount of a penalty shall be calculated on the basis of official refinancing rate of the National Bank of the Republic of Kazakhstan.
      5. The buy and sell agreement of a land plot and the document on a payment of redemption price of a land plot are the cause for issuing the identification document on a land plot.
      Upon the installment selling of a land plot, the relevant record on the prohibition on consummation of transactions shall be made in the identification document issued to the customer, on the basis of buy and sell agreement, with the exception of hypothecation of a land plot.
      Footnote. Article 47 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 24.12.2012 No. 60-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013).

      Article 48. Acquisition of rights to land plots that are in the state ownership, in trading (tenders, auctions)

      1. Grant of the land plots or right to lease of the land plots which are in the state ownership and not provided to the land use shall be performed in trading (tenders, auctions), with the exception of cases, when the land plot or right to lease of the land plot shall be provided:
      1) for realization of strategic investment projects;
      2) foreign states and international organizations in accordance with the international treaties;
      3) for the public land users of the Republic of Kazakhstan;
      4) persons who won the competitive biddings (tenders) for the construction of facilities, conducted by the state authorities, and when such a construction requires a grant of land plots directly to mentioned persons;
      5) physical and legal entities for building operations and building (constructions, installations) maintenance belonging to them as a property and (or) other rights to things, including for improvement and conversion of buildings (constructions, installations) on an adjacent territory in accordance with the architectural town-planning and (or) construction documents approved in the manner prescribed by the legislation of the Republic of Kazakhstan on architectural, town-planning and building activities;
      6) participants of condominium for use and maintenance of the object of condominium;
      7) for use of pasture and grass lands in order to meet demands of the population on maintenance of their own farmsteads, as well as the gardening;
      8) for subsurface use, on the basis of the contract concluded in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsurface use;
      9) in capacity of the state land grant on the basis of the contract concluded in accordance with the legislation of the Republic of Kazakhstan on investments;
      10) for a participant of the special economic zone and participant of administrative company in accordance with the legislation of the Republic of Kazakhstan on a special economic zones;
      10-1) from the lands of water resources inventory, occupied by the territorial waters for construction of artificial structures;
      11) for needs of railroad transport, motor vehicles, marine and inland water transport, air and pipeline transport, for the needs of communication and energy production, as well as for construction of the other buildings of national standing;
      12) for the shared facilities, designed for meeting of population’s demands (water conduct, heating main, treatment facilities and other mechanical, electrical and plumbing systems), as well as for the special facilities in accordance with subparagraph 10) of paragraph 10 of Article 107 of this Code;
      13) for establishment of zones with the special conditions of land use in accordance with Article 121 of this Code;
      14) for management of peasant or agrarian economy, gardening, individual housing and suburban construction in accordance with paragraph 3 of Article 9 of this Code;
      14-1) for the private forest planting;
      15) for construction of the projects provided by the state and regional programs, for construction of investment projects, providing the state interests and the achievement of worthwhile objectives;
      16) for scientific centers with international participation and for domestic industrial enterprises in accordance with paragraph 3 of Article 9 of this Code;
      17) for the concessionaries for realization of the concession projects;
      18) for social entrepreneurial corporations ranked as a national company, for realization of investment and innovative projects;
      19) for the subjects of industrial innovative activity for realization of industrial innovative projects.
      When the period of temporary land use expires, the agricultural land plots shall be put up for tenders (competitive biddings, auctions) only in default of conclusion of agreement on a temporary land use for a new term by the temporary land user.
      2. The foreign persons and stateless persons – the awardees of tenders (competitive biddings, auctions) shall be granted by the land plots for agricultural production of commodities, forest planting, subsidiary agricultural husbandry for a temporary land use on a rental basis for the period until ten years.
      3. The land plot designed for selling shall be put up for tenders after:
      determination of boundaries of the land plot;
      establishment of designation of the land plot and its cadastral (assessed) value;
      decision on bidding (competitive bidding, auction) process;
      publishing report on bidding (competitive bidding, auction) process;
      4. The local executive body shall act as seller of a land plot or seller of the right to lease of a land plot.
      The owner or the specialized organization acting with him on the basis of agreement shall act as bidding process (competitive bidding, auctions) organizer.
      5. The owner of a land plot shall establish the form of a bidding process (competitive bidding, auctions), the basic price of the subject of bidding and amount of earnest money.
      6. The order of organizing biddings and biddings process (competitive bidding, auctions) for the sale of a land plot or the right to lease of a land plot shall be established by the Government of the Republic of Kazakhstan.
      Footnote. Article 48 is in the wording of the Law of the Republic of Kazakhstan dated 13.09.2009 No. 135-IV (the order of enforcement see Article 3); as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 49. Acquisition of rights to land plots that are in the state ownership, at their installment selling

      1. The land plot which is in the state ownership shall be sold by installment for a period of ten years upon a written application of the customer by conclusion of the buy and sell agreement.
      2. The customer must pay in advance in amount of not less than five percent of the price of a land plot within ten business days from the date of conclusion of a buy and sell agreement. In the following, the payment for a land plot shall be contributed by the customer every month, according to the schedule of payments which shall be accompanied to the buy and sell agreement and which is the integral part of it. The payment for a land plot may be performed either by cash or by wire payment on account of the seller, mentioned in the buy and sell agreement.
      The customer shall have the right to discharge his obligations before expiry, either in full or in part. In case of partial discharge of obligations, the schedule of payments shall be restated.
      3. In case of delay of the monthly payment for a land plot, the customer shall pay a penalty in amount of 0.1 percent from the unsettled redemption price of a land plot to the seller for each day of delay.
      If the customer doesn’t perform the payment for a land plot within three months in succession, and for a land plot designed for agricultural purposes – within two years in succession, the seller shall have the right to terminate the buy and sell agreement and claim a return of the sold land plot, with the exception of cases, when the sum of payments received from the customer exceeds a half of redemption price of a land plot.
      4. The consummation of transactions shall be prohibited until the payment in full of the redemption price in respect of the land plot sold by installment, with the exception of hypothecation.
      The right to consummation of transactions with the land plot sold by installment at preferential prices shall be allowed upon expiry of restriction period for a consummation of transactions with a land plot, provided by paragraph 3 of Article 24 of this Code and reckoned from the date of payment in full of its redemption price.
      5. The hypothecation of the land plot sold by installment by the customer shall be allowed at the payment of not less than fifty percent from its redemption price. By this, only the part of a land plot for which redemption price was paid may be the subject of a pledge.
      6. The restrictions on consummation of transactions with the land plot sold by installment shall reflect in the buy and sell agreement and in the identification document on a land plot. The document on a payment of redemption price of a land plot is the basis for lifting restriction in the buy and sell agreement and in the identification document on a land plot.
      Footnote. Article 49 is in the wording of the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 49-1. Procedure for change of designation of a land plot

      1. Change of designation of a land plot shall be carried out by the local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance within their competence upon grant of the rights to land plots, established by this Code.
      The change of designation of a land plot within boundaries of the cities of district subordinance, rural settlements, villages, rural districts shall be performed by the local executive body of district (city of oblast subordinance, which has the territories transferred to his ministerial subordination) on suggestion of akim of the city of district subordinance, rural settlement, village, rural district.
      1-1. Change of the designation of a land plot shall be allowed proceeding from its legal structure, belonging to the one or another category of lands mentioned in Article 1 of this Code, and permitted use in accordance with the land zoning.
      2. The physical and legal entities interested in change of designation of a land plot shall file an application to the local executive body of this oblast, city of republican significance, the capital, district, city of oblast subordinance at location of the land plot.
      3. The application on change of the designation of a land plot shall be considered within thirty calendar days from the moment of its receipt.
      4. Decision on change of the designation of a land plot shall be accepted on the basis of findings by a commission, made in accordance with paragraph 2 of Article 43 of this Code.
      5. A copy of decision on a consent or refusal in the change of the designation of a land plot made by the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance shall be given to the applicant within seven days after its deciding.
      The refusal in a change of the designation of a land plot shall be motivated.
      In case of filing an application in a form of electronic document through the Internet portal “electronic government”, the decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance on a consent or refusal in a change of the designation of a land plot shall be sent to the applicant in a form of electronic document within a period of up to three business days after its decision.
      6. In a change of the designation of a land plot and (or) owner of a land plot, land user, the period for reissuance of the identification documents is no more than fifteen calendar days.
      Footnote. Chapter 5 is supplemented by Article 49-1 in accordance with the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 49-2. Reservation of lands

      1. Reservation of lands shall be performed by creation of reserved areas on lands, which are in the state ownership, in order to provide development of the inhabited localities, place the planned objects of engineering, transportation and social infrastructures, strategic facilities, defence facilities and security objects, objects of the space activities, creation of the specially protected natural areas including shelter forests, for pasture and grass lands in order to meet the demands of population on maintenance of their own farmstead and gardening, as well as for the mining activity.
      2. The grounds for the reservation of lands are the complex diagrams of the urban planning areas, general plans of the inhabited localities, passage projects (schemes) of the motor roads and railways, national programs approved in the permitted manner.
      3. The reservation of lands shall be performed for the period until twenty days by the local executive bodies of oblasts, cities of republican significance, the capital, with the exception of creation of the specially protected natural areas, and within the boundaries of inhabited localities – by the local executive bodies of districts, cities of oblast subordinance, with the exception of cities of republican significance, the capital.
      The reservation of lands occupied by the specially protected natural areas shall be performed in accordance with the legislation of the Republic of Kazakhstan in the field of specially protected natural areas.
      4. Objectives and periods of reservation, a total area and land’s category, as well as restrictions in the land use shall be specified in decision of the local executive bodies on reservation of lands. Upon the reservation of previously granted land plots on the basis of land use or restricted designation, the land users and servitude owners shall be specified.
      5. The local executive bodies mentioned in the first part of paragraph 3 of this Article shall be obliged to notify the land users and servitude owners on reservation of lands, plots of which are included in reserved areas within thirty days from the date of decision, as well as provide information accessibility on reservation of lands by printed matters publishing in the territory of the relevant administrative-territorial entity.
      6. The reservation of lands doesn’t entail a termination of land use right of the land users, whose land plots are included in the reserved lands.
      The land plots from the reserved lands may be granted for a temporary use for the period not exceeding the period of reservation, for a placement of temporary objects or objectives, which not linked with the building construction proceeding from their belonging to one or another category and permitted use, in accordance with the land zoning.
      Footnote. Code is supplemented by Article 49-2 in accordance with the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 50. Standards of granting the land plots

      1. The sizes of the land plots granted for citizens and legal entities for non-agricultural activities shall be established upon approved standards of allotment of lands for these types of activities, in the permitted manner by the legislation of the Republic of Kazakhstan or in accordance with the architectural and urban planning and (or) construction documentation.
      2. The land plots shall be granted to the citizens of the Republic of Kazakhstan in private ownership without charge, with the exception of the land plots, which are included to the list of lands for sale in trading (tenders, auctions) in accordance with paragraph 1 of Article 48 of this Code, in the following sizes:
      1) for the personal subsidiary economy (including the personal and agrarian plots) in the rural area – 0,25 hectares on the rain-fed lands and 0,15 hectares on the irrigated lands;
      2) for the individual housing construction - 0,10 hectares;
      3) for the gardening, as well as suburban construction – 0,12 hectares.
      The repeated free granting of land plots is not allowed for the mentioned purposes, with the exceptions of case, mentioned in paragraph 4 of Article 94 of this Code.
      The granting of land plots in a private ownership without charge for the personal subsidiary economy (subsidiary plots) and individual housing construction shall be performed after development of the land plots. The granting of land plots for the mentioned purposes for the period of development shall be performed as a temporary compensated land use (lease) with establishment of conditions and terms of development of these land plots in accordance with Article 92 of this Code.
      In existence of free lands in the territory of rural-type settlements, the land plots intended for the individual housing construction and personal subsidiary economy shall be granted as single massif within standards of the land plots, provided for mentioned purposes.
      3. The limiting (maximum) sizes of the land plots mentioned in paragraph 2 of this Article, which may be in a private ownership, shall be established by the joint decisions of representative and executive bodies of oblasts, cities of republican significance, the capital, depending on local conditions and specifics.
      4. On the basis of joint proposals of representative and executive bodies of oblasts, cities of republican significance, the capital, the Government of the Republic of Kazakhstan shall establish the limiting (maximum) sizes of the agricultural land plots within one administrative district (city), which may be:
      in a private ownership of the citizen of the Republic of Kazakhstan for the management of peasant and agrarian economy, the non-state legal entity of the Republic of Kazakhstan and his affiliated persons for agricultural production of commodities;
      in a temporary land use of foreign persons, stateless persons and foreign legal entities for agricultural production of commodities.
      5. For the purposes of rational use of agricultural land plots, the minimum sizes of agricultural land plots shall be established by the joint decisions of oblast representative and executive bodies, depending on local conditions and specifics of use of the mentioned lands, granted in ownership or land use.
      Footnote. Article 50 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 10.07.2009 No. 180-IV; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 51. Divisible and indivisible land plots

      1. The land plots may be divided into divisible and indivisible land plots. Divisible land plot may be divided into parts, each of which may form independent land plot after division, without change of its designation and without violations of fire protection, sanitary, building construction and other obligatory rules and regulations, otherwise it is indivisible land plot.
      2. Indivisibility of a land plot shall be affected in the identification document.
      3. Upon the consummation of transactions with a part of divisible land plot, this part shall be preliminary assigned as independent land plot, in the permitted manner. Otherwise, the subject of transaction may be determined by its description in agreement or by introduction of the incidence of established right on identification document to the part of a land plot (lease, uncompensated use, servitude and others).
      Footnote. Article 51 as amended by the Law of the Republic of Kazakhstan dated 26 July 2007 No. 311 (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 52. Right to land plot and right to buildings (constructions, installations) located on it

      1. Right of property on buildings (constructions, installations) entails the right of property on a land plot, which is occupied by mentioned buildings (constructions, installations), in a manner prescribed by the legislation, except to the extents provided by the Code. Right of economic or operational management of the state legal entities on the buildings (constructions, installations) entails right of permanent land use on a land plot, occupied by the mentioned objects in the permitted manner, with the exception of case provided by paragraph 7 of this Article.
      The mentioned rights are inseparable from each other.
      2. When transferring right of property or right of economic management or right of operational management on the buildings (constructions, installations) and other real property, the right of property shall be transferred to the acquirer, and in cases established by this Code, the right of permanent or temporary long-termed land use on a whole land plot or its part, apportioned at the building (construction, installation) alienation into independent land plot, or a share in the common property on a land plot, in the common land use, if the land plot is not divisible or is not subject to division in connection with indivisibility.
      In the subdivision of a land plot, the acquirer of the building (construction, installation) shall be apportioned by the part of divisible land plot, which occupied by the building (construction, installation) and which is needed for building operation. By agreement of the parties, the acquirer of the building (construction, installation) may be granted by the greater part of a land plot than the part, which is needed for building operation and maintenance of the building (construction, installation).
      If mentioned land plot is indivisible or specially designed for maintenance of the buildings (constructions, installations) located on it, which are the subject of alienation, this land plot shall be fully transferred to the acquirer of a land estate.
      3. The alienation of property right or right of permanent or temporary land use on a land plot, which is occupied by the buildings (constructions, installations), as well as designed for building operation, without relevant alienation of mentioned land estate, as well as alienation of land estate without relevant alienation of a land plot, which is occupied by the mentioned land estate shall be prohibited.
      4. Provision for temporary use by the land user of the buildings (constructions, installations) belonging to him entails provision for temporary use for the same period of a land plot, occupied by the mentioned buildings (constructions, installations) and designed for building operation.
      The provision of a land plot for a temporary use of other person, on which the buildings (constructions, installations) located and designed for building operation, without relevant provision of mentioned land estate for a temporary use, shall be prohibited.
      5. In case, if a land user has no right to alienate the right of land use belonging him to other persons, also he has no right to alienate the buildings (constructions, installations) located on this land plot, unless otherwise provided by this Code.
      6. In cases, when the temporary land user acquires the right of property on the buildings (constructions, installations) raised on a land plot upon authorization of land plot’s owner and in existence of agreements of the relevant services, in the manner prescribed by subparagraph 5) of paragraph 1 of Article 64 of this Code, the land plot shall be returned upon expiry of agreement duration. Other order of the right’s enforcement belonging to owner of the buildings (constructions, installations) built on the others land plot may be established by agreement of the parties.
      7. Provision of paragraph 1 of this Article shall not apply to the buildings (constructions, installations) of the complex “Baykonur”, assigned to the state land users, as well as the right of property on linear part of the transit pipelines.
      Footnote. Article 52 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after its official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.06.2012 No. 21-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 53.Common ownership of a land plot or common land use

      1. The land plot under the joint tenancy of two or more persons belongs them as common ownership.
      2. The common ownership of a land plot shall be arising in cases provided by the legislative acts of the Republic of Kazakhstan, at indivisibility of a land plot (Article 51 of this Code), as well as at the voluntary unification of the land plots belonging to their owners in one land plot.
      3. A land plot may be in a common ownership with admeasurement of each of the owners (participatory share ownership) or without admeasurement (joint ownership).
      4. Right of joint land use shall be arising on the basis provided for in paragraphs 1, 2 and 3 of this Code.
      5. Land shares in a land plot which is in a joint share ownership or joint share land use are the independent object of land rights and obligations, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      6. Order of land use, which is in the common ownership (common land use), shall be established by the agreement between participants of common ownership (common land use). In case of failure to reach the agreement between them, the order of use shall be established by the court. The agreement of the parties or the court’s decision on order of land use shall be registered in the authority, performing the state registration of rights on a real property.0

      Article 54. Procedure for use of land plot for agricultural purposes, being in a common ownership or common land use

      1. Procedure for use of land plot for agricultural purposes, being in a common ownership (common land use) shall be accepted by the general meeting of joint tenants (participants in shared land use). The notice of joint tenants (participants in shared land use) shall be performed on a coming meeting for not less than one month before its conducting against receipt in a written worm.
      2. The meeting shall be considered as legally qualified with the participation at least 50% of joint tenants (participants in shared land use) or their representatives, under condition of a legal notice. The decision shall be made by simple majority votes of joint tenants (participants in shared land use) presented at the meeting and shall be documented in the minutes. The protocol shall be signed by all joint tenants (participants in shared land use) presented at the meeting or by their representatives.

      Article 55. Land shares transactions on agricultural lands, being in a joint shared ownership

      1. In a consummation of transactions oriented to the alienation of share in the joint share ownership, the apportionment of a land plot towards the land shares is not required.
      2. A seller of a land share shall be obliged to notify the other joint tenants in a written form on intendment to sell his share to the third person, specifying a price and other conditions relying on which he sells it.
      If the other joint tenants will refuse to buy or will not acquire the selling share within month from the date of written notification, the seller shall have the right to sell his share to any person.

      Article 56. Procedure for determination of land share in a joint share ownership or in a common shared land use

      1. If the sizes of the shared lands belonging to joint tenants (participants in shared land use) on a land plot may not be determined on the basis of legislation of the Republic of Kazakhstan and are not established by agreement of all participants, the land shares shall be considered as equal.
      2. The order of determination and change of land shares belonging to the joint tenants (participants in shared land use) may be established by their agreement, depending on the contribution of each of them in acquisition and development of a common land plot.

      Article 57. Division of land plot, being in joint share ownership (joint share land use), and apportionment of share from it

      1. In case of failure to reach the agreement on a method and condition of subdivision by the joint tenants (participants in shared land use), each of participants shall have the right to claim for apportionment of participatory share specifically (afield) from the common land plot, with the exception of cases provided by paragraph 2 of Article 62 of this Code, and in other cases established by the legislative acts of the Republic of Kazakhstan.
      2. If the apportionment of participatory share specifically is not allowed by the legislative acts of the Republic of Kazakhstan or impossible without incommensurate detriment to the land plot and all that tightly linked with it, the owner (land user) is entitled to receive payment of his land share cost by other joint tenants (participants in shared land use) or sell it to the other person in accordance with the rules established by paragraph 2 of Article 55 of this Code, with the exception of case, when land share is included as a part of condominium objects.

      Article 58. Subdivision of land plot, being in a joint property (joint land use)

      1. The subdivision of a land plot which is in a joint property (joint land use) may be performed subject to preliminary determination of a land share of each participant.
      2. Upon the subdivision of a land plot which is in a joint property (joint land use), the share of each participant shall be considered as equal, unless otherwise provided by the legislative acts of the Republic of Kazakhstan or by the agreement of participants.
      3. Conditions and order of the subdivision of a land plot which is in a joint property (joint land use) shall be established in accordance with the articles 56-57 of this Code, whereas otherwise follows from nature of relations between participants.

      Article 59. Inadmissibility of subdivision of land plot, recognized as indivisible

      1. If the land plot is recognized as indivisible, its specifically subdivision and apportionment of a land share shall be prohibited in accordance with Article 51 of this Code.
      2. In this case, the apportioning joint tenant or joint ownership (land use) participant is entitled to receive payment of his land share cost by other joint ownership (land use) participants on a land plot or sell it to the other person in accordance with the rules, established by paragraph 2 of Article 55 of this Code, with the exception of condominium objects.

      Article 60. Conjugal property on a land plot

      1. Legal regime of property right on a land plot or land use right belonging to the conjoints, shall be established in accordance with the standards provided by the civil and marriage legislation of the Republic of Kazakhstan, regulated a property relation between conjoints.
      2. The land plots and land shares belonging to the conjoints before marriage, as well as received under procedure of inheritance as a gift, are in the ownership (land use) of each of them.
      The land plots of each of conjoints may be recognized as their joint property (joint land use), if it will be established, that investments which significantly increased the cost of these land plots were performed on account of common property during a marriage, unless otherwise provided by agreement between conjoints.
      3. Upon the subdivision of a land plot, the order of determination of the shares belonging to conjoints in a joint property (joint land use) shall be established by Article 58 of this Code.

      Article 61. Right of ownership of a real property located on a common land plot

      1. The owner of a real property which located on a common land plot is entitled to possess, use and dispose of this real property at his own convenience, including demolition of the relevant buildings (constructions, installations), if it is not inconsistent with use conditions of a common land plot, established by the legislative acts of the Republic of Kazakhstan or agreement.
      2. Upon the transfer of property right on a real property, located on a common land plot, to the other person, it shall acquire the right on a land plot at the same volume, as the previous owner of a real property.

      Article 62. Right to land plot near a house which contains several flats and (or) non-residential premises, and in other condominium objects

      1. The land plot required for a placement, exploitation, maintenance of a multi-dwelling unit or other condominium object shall come to the joint share ownership of the premises owner which form a part of the condominium object.
      The members of condominium – state land users who are owned the premises on the basis of the right of economic management or operational management, shall acquire the right of common permanent land use to the land plots in the permitted manner, unless otherwise provided by this Code.
      The right on a land plot belonging to the member of condominium, who may not own the land plots as a property or on the basis of permanent land use, shall be established in accordance with paragraph 7 of Article 6 of this Code.
      The subdivision of a land plot forming a part of condominium object shall be allowed with the written consent of all members of condominium, subject to compliance with sanitary and hygiene, ecological, fire protection, construction and other standards.
      2. In a common property the share of each premises owner (other possessors of a right) is inseparable from the separate (individual) property (another right in things) on the premises belonging to him. The size of the share shall be determined by ratio of useful space of residential and non-residential premises, which are in the separate (individual) property (another right in things) to the sum of useful spaces of all residential and non-residential premises of this condominium object, unless otherwise provided by the agreement of members of condominium. This share may not be specifically apportioned (perfect share).
      The order of land use located out of (beyond) the house footing shall be established by the agreement of the members of condominium subject to compliance with sanitary and hygiene, ecological, fire protection, construction and other standards.
      3. The land plot near the building (construction, installation) may be granted in a separate property to the members of condominium, if it is necessary to provide technical functions in the non-residential premises, upon condition that this land plot will be located out of enclosure of the building (construction, installation) and its usage will not be inconsistent with the operation conditions of a land plot forming a part of condominium object, as well as with sanitary and hygiene, ecological, fire protection, construction and other standards.
      4. The transfer of property right on apartment (premises) to the other person shall entail the transfer to the acquirer of the apartment (premises) of the relevant share of a land plot (land plots).
      5. The members of condominium shall choose the form of management of the condominium object, for management of common property and its operation, the applicable maintenance of the whole house (building, construction, installation) and house land plot (land plots), in accordance with the legislation of the Republic of Kazakhstan.
      6. Exercise of rights to land plot which is in a common property (common land use) of condominium’s members, as well as the land charge shall be performed in the manner and on the grounds set forth by the legislation of the Republic of Kazakhstan.
      7. In a garage, suburban and other consumers' cooperatives, the rules of condominium shall be applied on the land plots in a common property to the rights of participants.

      Article 63. Levy of execution upon land plot, being in private ownership, and upon land use right

      1. The land plot which is in a private ownership, as well as the right of permanent and long termed temporary land use shall be a part of the individual or legal entity’s property, to which they answer under their commitments, including compositions in bankruptcy, unless otherwise specified by the legislation of the Republic of Kazakhstan.
      The levy of execution may not be performed on the lands, mentioned in paragraph 2 of Article 26 of this Code, as well as belonging to the state land users, with the exception of cases, provided by paragraph 3 of Article 39 of this Code.
      2. Levy of execution on a land plot and on a right of permanent and long termed temporary land use shall be performed in the manner prescribed by the civil and civil procedure legislation of the Republic of Kazakhstan and shall be registered in a body, preforming the state registration of rights to real property.

Chapter 6. Rights and obligations of land plot’s owners and land users using the land plots

      Article 64. Rights of land plot’s owners and land users to use land plots

      1. Unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan, the land plot’s owners and land users shall have the right:
      1) to manage a land on the independent basis, using for the purposes arising from the designation of a land plot;
      2) of ownership to the economic and operative management on seeds and plantings of the agricultural and other crops and stands, agricultural and other goods made and received in a result of using land plot, and income from its selling;
      3) to use a sand, a clay, a gravel and other widespread mineral resources, peat, plantations, open and underground waters existed in a land plot, for the needs of own farm business, in the permitted manner without intention of the following consummation of transactions, as well as to use the other useful properties of a land;
      4) to compensation of losses to the full extent on the compulsory alienation of a land plot for the state requirements;
      5) to construct residential, process, amenity and other buildings (constructions, installations) as a property, on the basis of the right of economic and operational management, in accordance with the designation of a land plot in recognition of the land zoning;
      6) to conduct irrigation, drainage and other reclamation works, to build ponds and other basins in accordance with the established construction, ecological, sanitary and hygiene and other special demands;
      7) to transfer the right of ownership, right of temporary compensated long-termed land use (lease) in a capacity of contribution to the charter the capital of the economic partnership, to a payment of corporate share or in a capacity of contribution to the production co-operative.
      2. The powers for temporary land users may be restricted by report on a grant of land plot or by rental agreement (agreement on a temporary land use without compensation).
      Footnote. Article 64 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 65. Obligations of the land plot’s owners and land users on the use of land plots

      1. The land plot’s owners and land users shall be obliged:
      1) to use land in accordance with its designation, and in case of temporary use – in accordance with report on a grant of land plot or with rental agreement (agreement of a temporary land use without compensation);
      2) to apply technologies, which respond the sanitary and ecological demands, to prevent inflictions of environmental harms and injuries of public health, deteriorations of sanitation and epidemiological, radiation and ecological situation in a result of their economic or other activities;
      3) to implement measures on a land protection, provided by Article 140 of this Code;
      4) to contribute a land tax, charge for use of land plots and other payments without undue delay provided by the legislation of the Republic of Kazakhstan and by agreement;
      5) to comply with the procedures for use of the animal world, forest, water and other natural resources, to provide protection of the objects of historical-cultural heritage and other objects located on a land plot, protected by the state, according to the legislation of the Republic of Kazakhstan;
      6) in the exercise of economic and other activity on a land plot, to observe the construction, ecological, sanitary and hygiene and other special demands (regulations, rules, standards);
      7) to file the disclosure on condition and use of lands to the state bodies established by the land legislation of the Republic of Kazakhstan;
      8) to comply the rights of other owners and land users;
      9) to prevent a pollution, littering, degradation and deterioration soil fertility, as well as a removal of a rich soil layer with the purpose of selling or transfer to the other persons, with the exception of cases when such removal is needed for prevention of irreparable loss of the rich soil layer;
      10) to provide the provision of servitudes in the manner prescribed by this Code;
      11) to report the local executive bodies on detected production waste and consumption residues, which are not their property.
      12) ensure access to land plots for conducting the agrochemical survey of soils, carried out in the manner, established by the Government of the Republic of Kazakhstan.
      2. The temporary land users may have other obligations provided by the agreements on a temporary land use.
      3. The land plot’s owners and land users shall incur all obligations encumbering the land plot (its intended use, provision of servitudes, discharge of taxes and other obligatory payments and others), unless otherwise provided by this Code.
      4. The designation and use provision of a land plot, servitude and other use conditions established on the basis of Laws and regulations may not be changed by the land plot’s owner or land user on an independent basis.
      Footnote. Article 65 as amended by the Laws of the Republic of Kazakhstan dated 09 January 2007, No. 213 (the order of enforcement see Article 2); dated 21 July 2007 No. 307 (the order of enforcement see Article 2 of the Law); dated 17.01.2014 No. 165-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 66. Rights and obligations of the land plot’s owners and land users that may not have the rights to land plot in force of this Code

      1. In accordance with standards, established by this Code, on the basis provided by the legislative acts of the Republic of Kazakhstan, if the person accrues the right to land plot, which it (person) may not have, the mentioned right shall be alienated, according to the rules established by the legislation of the Republic of Kazakhstan within three months, or must be officially re-registered into the right to land within the specified time limits, which may belong to such subject in accordance with this Code.
      In the failure to perform the requirements established by the first part of this paragraph, the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance shall file the action on return of a land plot at its location.
      2. In connection with alienation of buildings (constructions, installations), upon the alienation of a land plot which is in the ownership or land use of the person who has no right to have the alienated right to land plot, this right must be re-registered by the acquirers into the right, which may belong to this person in accordance with this Code and other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 7. Servitudes

      Article 67. Bases for the origin of servitude

      1. The owner or land user shall be obliged to afford the right of limited use of the land plot to which he (she) shall have the right of ownership of land use right, to the interested individual and legal entities, in the cases provided by this Code and other legislative acts of the Republic of Kazakhstan.
      2. The right of limited use of the other land use (servitude) may be arising:
      1) directly from the legislative act;
      2) on the basis of agreement between interested person and owner or land user;
      3) on the basis of act of the local executive body;
      4) on the basis of court decision;
      5) in other cases provided by the legislation of the Republic of Kazakhstan.
      3. If the regulatory legal enactment provides the establishment of servitude on the basis of agreement between interested person and land user, the latter’s refusal to conclude such agreement or agreement terms, offered by owner or land user, may be contested by the interested person in a judicial proceeding by bringing of action against owner or land user.
      4. If the regulatory legal enactment provides the establishment of servitude on the basis of act of the local executive body, this act may be appealed by the person interested in establishment of servitude, owner or land user in a judicial proceeding.

      Article 68. Right of an individual to be on the others land plots and right to pass through them

      1. Individuals shall have the right to be on the land plots, opened for public access without any permission.
      2. If the land plot which is in the private ownership or land use is not fenced off, or if the private owner or land user didn’t specify by other ways, that entry to this land shall be prohibited without his permission, any person may pass through this land plot, if this doesn’t harm the private owner or land user.

      Article 69. Right of limited use of neighboring or other land plot

      1. From the holder of a right of private ownership or land use on the neighboring land plot, and as necessary – from the holders of a right of private ownership or land use on another land plot, the private owner or land user shall have the right to demand a grant of right to use these land plots (private servitude).
      2. The right of limited use of neighboring or other land plot (private servitude) may be established for:
      1) walkway and passageway through the neighboring or another land plot, if the other way of private ownership or land user to his land is impossible, difficult or requires disproportionate expenses;
      2) installation and operation of necessary power lines, communication, water supply, drainage, heat supply system, gas supply, amelioration and other requirements of a private owner or land user, which may not be provided without establishment of servitude on a neighboring or another land plot.
      3. The private servitude on a neighboring or another land plot shall be established by agreement with holders of a right of private ownership or land use on these land plots.
      The holder of a right of limited land use shall pay to private owner or land user for losses, linked with servitude.
      4. The public servitudes may be established in the cases as necessary for serving the interests of a state and local population, without seizure of land plots, on the basis of decisions made by the local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance, the akims of cities of districts status, rural settlement, village, rural district within their competence upon granting land plots.
      The public servitudes may be established for:
      1) walkway and passageway through the land plot to the common amenities, graveyards, burial grounds and other cult objects;
      2) use of the land plot for the purposes of installation and operation of the public utilities, pipelines and networks, power lines, as well as the objects of transportation infrastructure, which may not be provided without establishment of servitudes or require disproportionate expenses;
      2-1) use of land plot for the purposes of placement and operation of the main pipeline infrastructure;
      3) the placement of boundary marks and survey markers on a land plot and approaches to them;
      4) water intake and watering place;
      5) cattle driving through the land plot;
      6) use of land plot for the purposes of hunting, fishing in enclosed body of water located on a land plot, for gathering of wild plants in the prescribed time limits and in the permitted manner;
      7) a temporary use of a land plot for the purposes of prospecting, research and other works;
      8) a free access to the coastland;
      9) land use for carrying out of mass cultural events by the decision of the state bodies;
      10) in other ways, linked with public and state interests.
      5. The owner or land user of a land plot encumbered by the private servitude shall have the right to press for proportioned payment from the persons, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      6. In establishment of servitude on land plots, which are in the state ownership and not granted to the land use, the payment for servitude shall be contributed to the budget.
      7. The owner or land user of a land plot, encumbered by the public servitude shall have the right to press for proportioned payment from the state body, established the public servitude, if the establishment of servitude leads to considerable difficulties in a usage of land plot.
      If the establishment of public servitude leads in failure to use a land plot, the owner of a land plot or land user shall have the right to demand a seizure of this land plot from him, including by redemption, with a compensation of losses to the full extent performed by the state body, at the time the right of ownership or land use was terminated or at the time the land plot of equal value was granted or in impossibility – other land plot counting its cost or right to it to the price and compensation of incurred losses.
      Footnote. Article 69 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.06.2012 No. 21-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 70. Driftways of a temporary (seasonal) use

      1. The driftways of a temporary (seasonal) use may be established by the district (in the territory of district) or oblast (in the territory of two or three districts) executive bodies as may be agreed with the private owners or land users, on lands of which the route goes, without seizure of lands from the private owners or land users.
      2. The owner of the cattle shall incur a liability before private owners or land users for the losses, caused at the cattle driving along the route.

      Article 71. Use of land plots for engineering survey works

      1. The individual and legal entities performing geological, geophysical, prospecting, geodetic, soil, geobotanical, land measuring, archeological and other engineering survey works may carry out these works without seizure of land plots from the private owners or land users.
      2. Permit to use the land plots for performance of works mentioned in paragraph 1 of this Article, may be issued by executive bodies of districts, cities with a specified period of validity, and for performance of works in the farm fields, renovating hay lands and pastures, on the lands occupied by the perennial plantings, as well as on the specially protected natural areas and forested lands – the local executive bodies of oblasts, cities of republican significance, the capital.
      3. Dates and place of the mentioned works, obligation on compensation of losses and on bringing into condition, suitable for their use on a designation, as well as other conditions shall be established in agreement concluded between prospector and private owner or land user, or authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance at location of a land plot (on reserved lands, on lands of other categories, on which there are no land plot’s owners and land users).
      4. Bringing of the land plots, used for engineering survey works into condition, suitable for intended use shall be established by agreement between private owner or land user and prospector, considering that works on a bringing into condition suitable for intended use shall be performed in the course of engineering survey works, and if it is impossible – not later than a month after completeness of works, excluding the period of soil freezing.
      Footnote. Article 71 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 72. Other servitudes

      In the cases provided by the legislative acts of the Republic of Kazakhstan or by agreement of the parties, other servitudes may be established, except those mentioned in this Code.

      Article 73. Preservation of servitude in devolution of a right to land plot

      1. The servitude shall be preserved in a case of devolution of a property right to land plot or land use right of a land plot encumbered by servitude to the other person.
      2. The servitude may not be independent subject of transactions, including buy and sell and pledge. The servitude may be devolved to other persons only with a right, for enforcement of which the servitude is established.

      Article 74. Termination of servitude

      1. The action of servitude shall be terminated in a result of the right holder’s refusal, long-termed non-working (3 years), expiry of a period, on the basis of agreement between parties, on the basis of the court decision and on the other basis, provided by the legislative acts of the Republic of Kazakhstan.
      2. The public servitude may be terminated in a case of absence of the public needs for which it was established, by decision of the local executive body on a cancellation of servitude.
      3. In the unilateral manner, the action of servitude shall be terminated on the grounds, provided by the legislative acts of the Republic of Kazakhstan or by agreement of the parties.
      4. The servitude may be terminated after demand of the private owner or land user in a judicial proceeding, in connection with its improper use by the possessor of a right, as well as due to lack of the grounds, on which it was established.
      5. In cases, when the servitude is established for a specified period, its action shall be terminated upon expiry of established period, unless otherwise provided by agreement of the parties. In the cases when the servitude is established before claiming or for an indefinite term on the basis of agreement, the action of servitude shall be terminated upon expiry of one month from the moment of claim on a servitude’s termination by the owner of real property encumbered by the servitude.

      Article 75. Registration of servitude

      1. The accrual, change and termination of servitudes shall be subject to the state registration in a legal cadastre, which grant the right of limited intended use of the other’s land plot to the right holder, unless otherwise provided by this Article and legislative acts of the Republic of Kazakhstan on a state registration of rights to real property.
      2. Upon the registration of servitude, the documents shall be accompanied by the plan of a land plot on the basis of which the servitude is accrued, with a boundaries mapping of the servitude’s action, notarized by the person provided the servitude. If the servitude applies to the entire land plot, the provision of a land plot’s plan shall not be required.
      3. The servitudes arising on the basis of legislative acts, as well as the other servitudes which are not the objects of registration in accordance with the legislative act of the Republic of Kazakhstan on a state registration of rights to real property shall not be subject to the state registration.

Chapter 8. Pledge of a land plot and land use right

      Article 76. Subject of a pledge

      1. Subject of a pledge may be a land plot, belonging to the pledger as a private property or land use.
      2. The rules on a mortgage on real estate shall be applied to the pledge of a land plot, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      3. The rules, established by Article 66 of this Code shall be applied in the case of appropriation of the pledged land plot or land use right to the ownership of pledge holder in respect of the persons, who may not possess the right for land plot in force of this Code.

      Article 77. Restriction of a pledge of a land plot and land use rights

      1. The pledge of a land plot is not allowed in the cases, when the consummation of transactions in respect of the land plot or land use right shall be prohibited (paragraph 2 of Article 33 and Article 36 of this Code).
      2. The pledge of land plot’s part and land use right to the part of land plot is not allowed, if this part may not be used in a capacity of independent land plot, in accordance with intended purpose is not allowed.
      The pledge of all divisible land or its part or land use right to all land plot or its part without simultaneous pledge of the building (construction, installation) located on a granted pledged land plot or on a granted pledged part of it is not allowed.
      The pledge of indivisible land plot or land use right to indivisible land plot without simultaneous pledge of the building (construction, installation) located on it, is not allowed.
      The pledge of a building (construction, installation) without simultaneous pledge of divisible land plot’s part or land use right to the part of divisible land plot, occupied by this building (construction, installation) and required for its use, or without simultaneous pledge of all indivisible land plot or land use right to all indivisible land plot, occupied by the building (construction, installation) shall be prohibited.
      In establishment of a pledge on a land plot’s part, the requirements shall be complied in accordance with paragraph 3 of Article 51 of this Code.
      3. The pledge of a right to temporary long-termed land use shall be allowed for the period of rental agreement’s operation in a form of land lease.
      The pledge of a right to temporary short-term compensated land use and temporary land use without compensation shall be prohibited.
      Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 6 July 2007 No. 279.

      Article 78. Pledge of a land plot or land use right of a land plot, occupied by the buildings (constructions, installations)

      1. The pledge of building (construction, installation), located on a divisible land plot, means that the part of the divisible land plot or the land use right shall be pledged to the land portion of the dividend at the same time, which is occupied by the building (construction, installation) and is needed for its maintenance, if the major part of a land plot or land use right than was mentioned, to the land portion or the whole land plot or land use right to the whole land plot.
      The pledge of building (construction, installation) located on the indivisible land plot or on the land plot, specially intended for the maintenance of property located on it, means that the whole land plot or land use right to the whole land plot shall be pledged at the same time.
      The value of the relevant land plot or its divisible part or land use right to the land plot or its divisible part shall be considered on a pledge of buildings (constructions, installations).
      2. If the buildings (constructions, installations) located on the indivisible land plot, are in the common property (another common right in things), the pledge of the building (construction, installation) means that the land plot needed for the placement, maintenance and operation of the building (construction, installation) shall be pledged at the same time. In the mentioned cases, if the subject of a pledge is a part of the building (construction, installation) appropriated in the manner prescribed by the legislation of the Republic of Kazakhstan, or a share in the right to common property, the pledge shall be established on a share of the land plot, which respond the pledged area of the building (construction, installation) part.
      The pledge of the premises which are included as a part of condominium object, means, that the subject of a pledge is a share in a common property and land plot at the same time, determined in accordance with the legislation of the Republic of Kazakhstan, regulating the relations between members of condominium.
      3. State land users shall have the right to pledge their right of permanent land use only in case, if they pledge the buildings (constructions, installations) located on this land plot and in the part of it which occupied by this building (construction, installation) and intended for its maintenance (paragraph 2 of Article 39 of this Code).

      Article 79. Pledge order of land plots and land use rights

      1. The individual and legal entities who have the land plots as a private property or as a temporary compensated long-termed land use, may be the pledge holders.
      State land users shall have the right to pledge the right of permanent land use belonging to them in a manner and in terms established by this Code.
      2. The individual and legal entities may be the pledge holders.
      3. The pledge of indivisible land plot which is in a joint property or in a joint land use shall be allowed, in existence of written consent by all participants of common property or common land use.
      The tenant in common of a land plot or participant of a joint share land use shall have the right to pawn his share without consents of other tenants in common or participants of a joint share land use.
      4. The persons who have the land plots as a common property, may pawn their land plots on the basis of decision of general meeting of co-owners.
      The pledge of the land plots ransomed from the state to private ownership by installment shall be allowed in a manner and in terms, established by Article 49 of this Code.
      5. For the pledge of a land plot or land use right, the individual and legal entities shall present to the potential pledge holder:
      land title and identification documents for a land plot;
      written consent of the participants of joint property or joint land use, notarially certified;
      information of the legal cadastre on the registered rights (title encumbrance) to the land plot.
      On the pledge of the land portion or land use right to it, that portion provided for the pledge shall be recorded in the general plan of the land plot.
      6. (Is excluded by the Law of the Republic of Kazakhstan dated 10 January 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).
      7. The pledge agreement or agreement on a land use between pledger and pledge holder in duplicate shall be constituted upon reaching of bipartite agreement on a value of a land plot or land use right as a security of the principal obligation.
      8. In the agreement on a real security, the cession of a land plot or land use right to creancor or third persons, the restriction of the rights of pledger and (or) third persons to use the land plot, which is in the ownership or land use, pledged by agreement on real security and to draw the income and profit from this land plot, may not be provided, in accordance with its intended purpose.
      9. (is excluded by the Law of the Republic of Kazakhstan dated 6 July 2007 No. 279).
      10. The land title and identification documents for a land plot shall be surrender to the pledge holder and authorized representative, unless otherwise provided by the pledge agreement.
      11. The right of the pledge of a land plot or land use right shall be arising from the moment of the state registration of the pledge in bodies, registering the rights to real property, at the location of a land plot.
      12. In the failure to perform the principal obligation, the pledge holder shall have the right to satisfy his requirements in accordance with the civil legislation of the Republic of Kazakhstan.
      Footnote. Article 79 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.03.2011 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 80. Registration of the pledge of a land plot and land use right

      The pledge of a land plot and land use right shall be subject to the state registration in the manner prescribed for the registration of rights on a real property.
      Footnote. Article 80 as amended by the Laws of the Republic of Kazakhstan dated 26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.03.2011 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 9. Termination of property right, land use right and other rights to land plot in things

      Article 81. Grounds for termination of property right to land plot or land use right

      1. The right of private ownership to land plot or land use right shall be terminated in the case of:
      1) alienation of the land plot by the owner or alienation of the land use right by the land user to other persons;
      2) refusal from the property right by the owner or refusal of the land user from the land use;
      3) forfeiture of property right to land plot or land use right in other cases, provided by the legislative acts of the Republic of Kazakhstan.
      2. The seizure of land plot from the owner and land use right from the land user is not allowed without their consent, except to the extents:
      1) levy of execution on a land plot or land use right by commitments of the owner and land user;
      2) compulsory alienation of a land plot for the state requirements;
      3) forcible withdrawal of a land plot from the owner or land user, that was not used for its intended purpose or which was used with a violation of legislation of the Republic of Kazakhstan, in the cases provided by the articles 92 and 93of this Code;
      4) compulsory alienation of a land plot from the owner or land user, which was exposed to nuclear pollution, with provision of the equal land plot;
      5) seizures.
      3. In addition, the land use right may be terminated due to the following grounds:
      1) expiry of a period for which the land plot was granted;
      2) early termination of a land rental agreement or agreement of a temporary land use without compensation, with the exception of cases, when the land plot is pledged;
      3) termination of employment relations, in connection with which, the land user was granted by service allotment (Article 41 of this Code).
      Footnote. Article 81 as amended by the Laws of the Republic of Kazakhstan dated 6 July 2007, No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 82. Waiver of a right of private ownership or land use right

      1. The owner may waive a property right to the land plot belonging to him, pronouncing on this or performing the other actions, decidedly attending on his abandonment of rights to the land plot, with no intent to prevent this right.
      The waiver of the right of temporary land use or the right of temporary use of the land plots, which is in the private ownership, shall be performed in the manner prescribed by the rental agreement or agreement on a temporary land use without compensation.
      2. In the waiver of the property right to the land plot by the owner, this land plot shall be registered as ownerless immovable object in accordance with Article 242 of the Civil Code of the Republic of Kazakhstan.
      At the time spent on the registration as ownerless immovable object, this land plot may be transferred for the temporary land use of the other person.
      3. In case of voluntary abandonment of the private property right to land plot, the ground for the registration of land plot as ownerless immovable object is the written notarized application of the land plot’s owner.
      4. The rules of this Article also shall be applied in cases of abandonment of the land use right.
      Footnote. Article 82 as amended by the Laws of the Republic of Kazakhstan dated 6 July 2007, No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 83. Levy of execution upon a land plot or land use right under commitments of owner or land user

      Upon the levy of execution upon a land plot or land use right under commitments of owner or land user (Article 63 of this Code), the property right to the land plot or land use right belonging to the owner or land user shall be terminated from the moment of creation of property right to the seizure land plot or land use right from the person, to whom the property right or land user right is transferred in the manner prescribed by the legislation of the Republic of Kazakhstan.
      In existence of reasonable excuses (natural calamity and other critical emergencies), as well as in the case of pledge of agricultural land plots, the court shall have the right to postpone its realization for the period up to one year, in decision on levy of execution upon the land plot (land use right), at request of pledger.

      Article 84. General provisions and principles of compulsory alienation of a land plot for the state requirements

      1. In the extraordinary circumstances, with the consent of the owner or non-state land user or by the court decision, a land plot may be compulsorily alienated for the state requirements, if it is impossible to meet these requirements and conditions of the equal recovery of property by other ways.
      2. The extraordinary circumstances for the compulsory alienation of a land plot for the state requirements are:
      1) the international obligations arising from the international treaties, ratified by the Republic of Kazakhstan;
      2) the grant of land plots for the requirements of defence and national security, specially protected natural areas of health-improving, recreation and historical-cultural significance, creation and functioning of the special economic zones;
      3) the detection and development of the mining fields;
      4) the construction (reconstruction) of motor ways and railways, construction (reconstruction) of airports, aerodrome, objects of aerial navigation and aerotechnical centers, objects of railway transportation, bridges, underground railway system, tunnels, objects of energy systems and power lines, communications lines, objects providing the space activity, main pipelines, mechanical, electrical and plumbing systems, realization of concession projects, common amenities of the inhabited localities;
      5) the execution of the general plan of inhabited localities in so far as construction of the objects, forming a part of the extraordinary circumstances established by this Article, as well as construction of the objects, provided by the national programs, for account of budget funds.
      3. If the granted right is not repaid from the state by a land user, the compulsory alienation of a land plot, provided for land use, for the state requirements, shall be performed without the redemption of land use right, and if the land use right is repaid, the land user shall be paid for losses to the full extent in accordance with this Code and Law of the Republic of Kazakhstan “On a state property” and at his will he may be granted by the other land plot.
      4. The compulsory alienation of a land plot shall be allowed to the extent when it is necessary for the satisfaction of the state’s needs.
      5. Any alienation pursuing the commercial purposes of the non-state legal entities and purposes for satisfaction of the non-state interests, or other alienation not arising from the purposes of the exercising the state functions and not pursuing the public and significant purposes may not be recognized as compulsory alienation of a land plot for the state requirements.
      6. The compulsory alienation of a land plot for the state requirements shall be produced subject to the publicity of the alienation procedure.
      The decree of the Government of the Republic of Kazakhstan or local executive body on a beginning of the compulsory alienation of a land plot shall be subject to publication as a consequence in republican or local news media within three business days from the moment of its adoption.
      7. The non-compliance with the provisions of this Article are the grounds for refusal of compulsory alienation of a land plot for the state requirements by the court and cancellation of decree on a beginning of compulsory alienation of a land plot for the state requirements, adopted by the Government of the Republic of Kazakhstan or local executive body.
      8. Defence of the rights belonging to the persons, whose land plot is alienated for the state requirements, shall be performed in a judicial proceeding.
      9. The owner or non-state land user of the land plot alienated for the state requirements shall have the right to institute the mediation procedures in the manner prescribed by chapter 6 of the Law of the Republic of Kazakhstan “On state property”, in accordance with this Code after adoption of decree on beginning of the compulsory alienation of a land plot for the state requirements
      Footnote. Article 84 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its official publication); as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 85. Compulsory alienation of a land plot for the state requirements

      1. The owner of a land plot or non-state land user shall be notified in writing about compulsory alienation at the times and in the manner specified by chapter 6 of the Law of the Republic of Kazakhstan “On state property”.
      The state has a priority right to buy the land plot, from the moment when the owner or non-state land user received the notification on its compulsory alienation.
      2. The compulsory alienation of a land plot for the state requirements shall be performed in the manner prescribed by chapter 6 of the Law of the Republic of Kazakhstan “On state property”.
      3. The termination of a property right belonging to the owner of a land plot and land use right belonging to the non-state land user shall be subject to the state registration in a body, registering the rights to the real property in the manner prescribed by the legislation of the Republic of Kazakhstan, on the basis of agreement on redemption of a land plot for the state requirements or court decision on compulsory alienation of a land plot for the state requirements.
      Footnote. Article 85 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 86. Rights of the owner or non-state land user on the compulsory alienation of a land plot for the state requirements

      1. From the date of receipt of notification on the beginning of compulsory alienation of a land plot for the state requirements to the state registration of a right of the state property to land plot or termination of a land use right, the owner or non-state land user shall have the right to use the right to land plot, belonging to him or another real property, make necessary expenses, providing the use of this property in accordance with its intended purpose. By this, the owner or non-state land user bears the risk of losses, linked with new construction, development or reconstruction of the buildings (constructions, installations) and other objects of real property on this land plot in the specified period.
      If the owner or non-state land user may not use the remaining portion of the land plot for intended purpose, after compulsory alienation of a land plot’s portion for the state requirements, the whole land plot shall be repurchased.
      2. In the course of time mentioned in paragraph 1 of this Article, in a transfer of the rights to land plot and another real property to the other person by alienation or on the another basis, as well as in force of universal succession, the compulsory alienation procedure shall be applied (continue) in relation to new right holder.
      Footnote. Article 86 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 87. Compensation of the value of a land plot upon its compulsory alienation for the state requirements

      The amount, payment form and payout time for compensation of the value of a land plot upon its compulsory alienation for the state requirements shall be determined by chapter 6 of the Law of the Republic of Kazakhstan “On state property”.
      Footnote. Article 87 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 88. Seizure of a land plot for the state requirements under the court decision

      1. If the owner or non-state land user disagrees with the decree on beginning of the compulsory alienation of a land plot for the state requirements or the agreement on a value for seizure land plot or on the other conditions is not reached with him, the local executive body shall have the right to file a claim in the court on a compulsory alienation of a land plot for the state requirements.
      2. The suit on compulsory alienation of a land plot for the state requirements may be brought upon expiry of three months from the moment of receipt of notification on compulsory alienation of a land plot for the state requirements by the owner of a land plot or non-state land user, but prior to the period (date) of performing the compulsory alienation for the state requirements, mentioned in decree on beginning of the compulsory alienation of a land plot for the state requirements.
      3. The civil cases at the suits on compulsory alienation of a land plot for the state requirements shall be considered and decided within one month from the date of the termination of the case’s preparation to the juridical examination.
      Footnote. Article 88 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 89. Seizure of a land plot from the state land user for the state requirements

      The seizure of a land plot from the state land user for the state requirements shall be performed on the basis of unilateral decision of the executive body, performing seizure.
      Such decision may be appealed in superior body or in a judicial proceeding. The filing of a complaint shall suspend the enforcement of decision on a seizure.

      Article 90. Seizure restriction of lands belonging to other categories

      Seizure of irrigated agricultural lands, practice grounds of agricultural, biological and irrigated- ameliorative, fish research and educational institutions, forest funs and inventory of water resources shall be allowed only in exceptional instances, linked with creation and development of specially protected natural areas, fulfillment of the international obligations, detection of mining fields under the land plot, construction of the roads, objects for use of renewable energy sources – solar and wind energy, power lines, communications lines and main pipelines, mechanical, electrical and plumbing systems in general use of the inhabited localities, as well as objects of national standing, in the absence of other choices of their probable placement.
      Footnote. Article 90 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 128-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 91. Temporary seizure of a land plot in case of critical emergency

      1. In case of natural calamities, military situation regime, averages, epidemics, epizooty and in case of other critical emergencies, the land plot may be temporary seizure from the owner or land user with a compensation of losses to him, in societal interests by the decision of the local executive bodies. The valuation, on which the losses are compensated to the owner or land user, may be disputed in a judicial proceeding.
      2. In case of termination of emergency activity, the land plot shall be subject to be returned to the owner (land user), and in existence of dispute, he (she) shall have the right to demand its return in a judicial proceeding.
      3. If it is impossible to return the land plot to the owner or land user, the value of a land plot or land use right shall be compensated.
      4. While the temporary seizure of a land plot, the order of the requisition of property, including the real property shall be performed by the standards of the civil legislation of the Republic of Kazakhstan.

      Article 92. Forcible withdrawal of a land plot, which is not used for intended purpose from the owner or land user

      1. In cases, if the land plot intended for agricultural production or housing construction or another construction, is not used for the relevant purposes within two years (unless the longer period provided by the Laws of the Republic of Kazakhstan), and the land plot granted as land use for the management of agricultural production, as well as for the management of peasant or agrarian economy is not used in a combined total of two years for a five year period, calculated from the date of the first detection of disuse of the land plot for its intended purpose, this land plot shall be subject to be dispossessed from the owner or land user, in the manner prescribed by Article 94 of this Code. This period shall not include a time required for development of this land plot, as well as a time over the course of which this land plot may not be used for its intended purpose, because of the natural calamities or due to the other circumstances, excluding such usage.
      2. The terms and conditions of land development shall be determined by the local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance, the akims of the cities of district subordinance, rural settlements, villages, rural districts, and in the territory of a special economic zone – the local executive bodies of the relevant administrative-territorial entity or administration of the special economic zone within their competence on the grant of land plots, established by this Code, depending on the intended purpose of the granted land plot and legal regime of the lands, established on this territory in accordance with the land zoning and town-planning reglaments.
      By this, in accordance with the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities on the project documents (design estimate documentation), as well as without project documents (design estimate documentation) or on the sketches (sketch plans) and for agricultural purposes, the development of the land plot, granted for construction shall be established for the period of not less than two years.
      Footnote. Article 92 is in the wording of the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 126-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 93. Forcible withdrawal from the owner and land user of the land plot, used with a breach of legislation of the Republic of Kazakhstan

      1. Use of the land plots or its portion with a breach of legislation of the Republic of Kazakhstan shall entail the liability in accordance with the legislation of the Republic of Kazakhstan on administrative violations of rights.
      The cases of land use or its portion with a breach of legislation of the Republic of Kazakhstan are:
      1) use of the land plot or its portion out of accordance with its intended purpose;
      2) use of the land plot or its portion, which lead to the fertility fall of agricultural lands or to the significant deterioration of environmental situation.
      2. The land plot or its portion used with a breach of legislation of the Republic of Kazakhstan shall be subject to forcible withdrawal from the owner or land user, in the manner prescribed by Article 94 of this Code, after the taking of measures on recovering payment, provided by the legislation of the Republic of Kazakhstan on administrative violations.
      3. In the cases provided by this Article, the owner of a land plot or land user shall be obliged to compensate a state for a damage, in accordance with the civil legislation of the Republic of Kazakhstan, with exception of the cases appeared in extraordinary and unavoidable circumstances (actions of irresistible force).
      Footnote. Article 93 is in the wording of the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 94. Procedure for forcible withdrawal of the land plot, which is used for purposes other than that intended with a breach of legislation of the Republic of Kazakhstan

      1. The forcible withdrawal of the land plots from the owners and land users, provided by Articles 92 and 93 of this Code, shall be performed in a judicial proceeding at the suit of a territorial body on land resources management of oblast, city of republican significance, the capital at location of the land plot.
      2. In the case provided by Article 92 of this Code, the suit for the forcible withdrawal of a land plot may be filed only after the written notification of the owner or land user on necessity to use the land plot for the intended purpose, made for not less than one year before the bringing the suit and on condition that the owner of the land plot or land user didn’t take required measures aimed at the use of this land plot for intended purpose, during this time.
      3. In the case provided by Article 93 of this Code, the suit for the forcible withdrawal of a land plot, may be filed only after the taking of measures on recovering payment, provided by the legislation of the Republic of Kazakhstan on administrative violations, and after the written notification of the owner or land user on necessity to rectify a breaches of the legislation of the Republic of Kazakhstan, made for not less than three months before the bringing the suit and on condition that the owner of the land plot or land user didn’t rectify the breaches of the legislation of the Republic of Kazakhstan in use of this land plot, during this time.
      If the breach of legislation of the Republic of Kazakhstan made by the owner of a land plot or land user, consists in use of this land plot for the purposes other than that intended, a territorial body on land resources management of oblast, city of republican significance, the capital, district, city of oblast subordinance, the akim of the city of district subordinance, rural settlement, village, rural district shall be obliged to send the proposals to the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, to the akim of the city of district subordinance, rural settlement, village, rural district, before the bringing of the suit on a forcible withdrawal, at location of this land plot, on change of its intended purpose by request of the owner of a land plot or land user. In this case, the suit may be brought only in case of a unfavorable decision on a change of intended purposes of this land plot.
      4. In the case of forcible withdrawal of a land plot from the owner or land user by the court decision, on the basis mentioned in the articles 92 and 93 of this Code, the property right to land plot or land use right (in respect of the repurchased tenant right to land plot) shall be sold on biddings (competitive biddings, auctions) in the manner prescribed by the civil procedure and executive legislation of the Republic of Kazakhstan.
      In case of forcible withdrawal of a land plot, granted without compensation from the owner by the court decision, on the basis mentioned in Article 92 of this Code, this land plot shall be enlisted in a special land fund for the further reapportionment, without compensation of a value to the owner of the land plot. By this, this owner (to the extent that the seizure land plot was granted on the basis of subparagraph 2) of paragraph 3 of Article 9 of this Code) shall preserve the right of repeated receipt of the land plot without compensation, for the same purposes.
      The proceeds after deduction of expenses on forcible withdrawal of a land plot shall be paid to the former owner of a land plot or land user. If it is impossible to sell this land plot or land use right after three or less biddings (competitive biddings, auctions) within one year, the land plot shall be enlisted in a special land fund by the court decision.
      Footnote. Article 94 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 95. Confiscation

      In cases provided by the legislative acts of the Republic of Kazakhstan, the land plot may be seizure from the owner or land user without compensation, in a judicial proceeding in the form of sanctions for the commission of a crime or another infraction.
      The land plots belonging to the convicted person as a private property or as his share in a common property, on which the house and household building located, as well as the land plots required for the personal subsidiary husbandry, according to the list, provided by the correctional legislation of the Republic of Kazakhstan, shall not be subject to confiscation.
      The confiscated land plots shall be returned to the state property. The sale or further use of these land plots or land use right, which is the confiscation subject, may be performed in the manner prescribed by the legislation of the Republic of Kazakhstan.
      Footnote. Article 95 as amended by the Law of the Republic of Kazakhstan dated 22 June 2006 No. 147.

      Article 96. Land appraisal in case of termination of a property right or land use right

      In case of termination of a property right and land use right, the value of a land plot or land use right shall be determined up to the amount paid to the state.
      In case of termination of property right or land use right, the value of the land plot intended for individual housing construction, personal subsidiary husbandry (except for the fields) on which the individual residential house located, shall be determined in amount of value of the land plot, not exceeding the market price.
      In case of termination of property right or land use right, the value of the land plot transferred to the owner or land user on civil transaction or by the court decision, shall be determined in amount of value, mentioned in a civil contract or in a court decision, but not exceeding the market price. In case, if the price of land plot is not mentioned in the civil contract or in the court decision, the value of the land plot shall be assessed by its cadastral (assessed) value.
      Footnote. Article 96 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

Section 3. Categories of lands

Chapter 10. Agricultural lands

      Article 97. Concept and structure of agricultural lands

      1. The agricultural lands are the lands granted for needs of agricultural economy or intended for these purposes.
      2. The arable areas and lands occupied by the intra-farm roads, communication lines, enclosed bodies of water, amelioratory network, constructions and installations, required for functioning of agricultural economy, as well as other lands (solonetzic soils, sands, takyrs and other lands engrained in massifs of agricultural lands), form a part of agricultural lands.
      3. The arable areas shall be subject to special protection. The use of these lands with purposes, which are not linked with the agricultural production, shall be allowed only in exceptional instances (Article 90 of this Code).
      The construction of objects, which are not linked with farmery, as well as building construction (including individual) shall be prohibited on the land plots, granted to individual and legal entities for agricultural production, management of peasant or agrarian economy, and fields of the personal subsidiary economy. By this, the valuable arable areas, which include all kinds of irrigated arable areas, plowing land, abandoned field and the lands, occupied by the perennial plantings, may not be used for construction of animal production units, temporary and domestic structures for the seasonal works and distant-pasture cattle tending on the agricultural lands.
      3-1. The subdivision of agricultural lands, which are in the ownership or land use, to the lands, areas of which are less than minimum sizes, established in accordance with paragraph 5 of Article 50 of this Code shall be prohibited.
      4. The agricultural lands shall include: plowing lands, abandoned fields, lands occupied by the perennial plantings, hay fields and pastures.
      A plowing land is a land plot systematically labored and used for the seeds of perennial grasses, as well as for clean fallows. A plowing land doesn’t include the land plots of hay fields and pastures, occupied by the seeds of advanced plantings (within no more than three years), plowed up for a purpose of amelioration, as well as spacing of the gardens used for the seeds.
      An abandoned field is the land plot which previously formed a part of plowing land and, starting from autumn, is not used for the seeds of agricultural crops and not prepared for fallow for more than a year.
      Perennial plantings are the land plots used for artificially created perennial tree plantings, brushwood, intended for the gathering crops of fruit, technical and medicamental production, as well as for decorative design of the territory.
      Natural hay fields and pastures are the land plots systematically used for haying and cattle grazing.
      Hay fields and pastures are the hat meadows and pastures, on which new plant stand was created by grassing.
      Flooded pastures are the pastures, in the territory of which there are water sources (lakes, rivers, basins, dugouts, irrigating and water supply channel, tubular and dug wells), which are able to provide the relevant cattle numbers by water of proper quality.
      5. The arable areas may be irrigated and unirrigated.
      The irrigated arable areas are the lands usable for the agricultural use and watering, having the permanent or temporary irrigation network, linked with source of irrigation, water sources of which supply the watering of these lands, with an off-flow not lower than 75 percent of provision, within optimal period on design and effective standards of irrigation norms in the current system efficiency.
      The lands of flood irrigation are the fields, on which there are water retaining walls, water-regulating dams and other water development facilities, providing water entrapping and water distribution of ice-melt waters and spring floods, as well as waters feeding from the irrigating and water supply channels for the moisture supply of soils on the areas of these fields.
      6. The agricultural lands shall be granted:
      1) to the citizens of the Republic of Kazakhstan in the private ownership for development of personal subsidiary economy and suburban construction;
      2) to the individual or legal entities of the Republic of Kazakhstan in the private ownership for management of peasant or agrarian economy, agricultural production of commodities, forest planting, research, experimental and educational purposes, subsidiary husbandry, gardening and animal production.
      The term of granting the land plot as land use for the mentioned purposes is no more than five years, with the exception of cases of granting the land plot for management of peasant or agrarian economy, the term of granting of which is no more than ten years. The grant of land plots for a period of less than mentioned terms in this subparagraph shall be allowed only with the consent of the applicant, interested in its receipt.
      3) to the temporary land use on a rental basis to foreign persons, stateless persons, foreign legal entities, as well as legal entities in the chartered the capital of which, the share of foreign legal entities is more than fifty percent, for the period of ten years.
      7. The passport to agricultural lands shall be composed in order to state control over the quality of arable areas, transferred for land use and ownership of citizens and legal entities, on the basis of materials made in the course of soil, soil-amelioratory, geobotanical surveying and soil assessment on account of the budget funds.
      The form of the passport to agricultural lands shall be approved by the central authorized body.
      The organizational management on composition of the passport to land plot and its issuance shall be performed by the authorized body of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance at location of a land plot.
      Footnote. Article 97 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 10.07.2009 No. 180-IV; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 98. Procedure for transfer of arable areas from one type to another

      1. The necessity for transfer (transformation) of arable areas from one type to another shall be substantiated by the natural factors, economic efficiency of their further use within other lands.
      2. The basis for performance of work on transfer of arable areas from one type to another may be the petition of the owner of land plot or land user, filed to the relevant local executive body, at location of the land plot, as well as the initiative of the local executive body.
      3. The financial backing of land survey works on transfer of the arable areas from one type to another, performed by decision of the local executive body, shall be performed at the expense of the budget funds, and by request of the owners of land plots and land users – at their own expenses.
      4. The transfer of the arable areas from one type to another may be performed on a land plot, group of land plots, an irrigation massif, a land use.
      Existence of the arable lands, soil- amelioratory condition of which requires their transfer from one type of land to another, shall be preliminary established on the basis of planning and map materials, land tenure projects, amelioratory construction, materials of soil, soil- amelioratory, geobotanical examinations, salting survey, data of land cadastre, land inventory.
      5. The grounds for transfer of more valuable arable areas to the less valuable, are:
      For the plowing lands – inconsistence of soil suitability characteristics of lands to their actual use, high level of pollution by the toxic matters;
      For the perennial plantings – age limit of the plantings, their sparseness, satisfactory species composition, negative soil- amelioratory characteristics of the lands;
      For hay fields – desertification of lands, deterioration of meadow vegetation, deterioration of the amelioratory condition of lands;
      For pastures – overgrazing.
      Upon the transfer of irrigated lands to unirrigated, the loss of connection with the irrigation source, failure to water delivery, technical condition of the intra farm irrigation system, and for the lands with flood irrigation – termination of flooding due to the reallocation of the off-flow or absence of the water resources, technical condition of the structures, shall be considered besides the consideration of the factors listed above.
      If it is necessary, the local executive bodies may determine the other factors of transferring the valuable arable areas to the less valuable: the minimum yielding capacity of the arable areas, salinity level, solonetzicity, soil contamination and other criterions, affecting on qualitative characteristic of the lands.
      6. The materials on the transfer of arable areas from one type to another shall include:
      the explanatory note with conclusions and suggestions;
      the legend of the lands to be transferred from one type to another;
      the act and draft of the ground observation with the presentation of detected arable areas, which shall be subject to be transferred;
      qualitative characteristic of the land plots;
      information on a technical condition of irrigation system, system of flooded irrigation, flooding installations, as well as the value of the capital fund.
      7. The materials on transfer of the arable areas from one type to another shall be issued to the authorized body of district for the compliation all over the district, for approval with their district bodies of agricultural and water economy.
      8. The conclusion of the authorized body of the district, made with due regard to suggestions of the bodies listed in paragraph 7 of this Article, shall transmit the materials on the transfer:
      Of less valuable arable areas from one type to another – to the district executive body for the final decision;
      Of the irrigated lands to unirrigated, the unirrigated plowing lands to the other less valuable types of arable areas – to the authorized body of oblast for approval with the oblast bodies of agricultural and water economy.
      9. According to the results of approval, the authorized body of oblast shall summarize the materials over the oblast and shall transmit them together with his conclusion:
      On the transfer of unirrigated plowing lands to the less valuable types of arable areas – to the district executive body for the final decision;
      On the transfer of irrigated plowing lands to the unirrigated types of lands – to the central authorized body for approval.
      10. The central authorized body shall approve presented materials on the transfer of irrigated plowing lands to the unirrigated types of lands with the central authorized bodies on agricultural economy, environmental protection and shall issue to the oblast executive body, together with his generalized conclusion for the final decision on this question.
      11. The district (city) executive body shall decide on the transfer of less valuable arable areas to more valuable, with due regard to suggestions of the bodies, listed in paragraph 7 of this Article.
      Footnote. Article 98 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 99. Use of the irrigated lands provided with access to utilities

      1. The engineer planned lands, specially prepared for crop growing, equipped by irrigative, collector and drainage system and installations, which are equipped by the scientifically based scheme of farming rotation (rotation) of the crops, shall relate to the irrigated lands provided with access to utilities.
      2. The local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance shall approve the scheme of farming rotation (rotation) on irrigated engineer prepared lands. The land plots linked with the single scheme of farming rotation (rotation) and the irrigative, collector and drainage system, shall be recognized as indivisible. This rule shall be applied to the land plots, apportioned before the enforcement of this Code, from among of irrigated engineer prepared lands.
      3. Use of the previously apportioned irrigated engineer prepared lands and the lands recognized as indivisible, shall be performed as common (shared, joint) property (common (shared, joint) land use), and the apportionment of participatory share in kind shall be prohibited. The member of joint share ownership is entitled to receive payment of his land share cost by the other members of joint share ownership, or sell it to the other person, in accordance with the rules, established by paragraph 2 of Article 55 of this Code.
      4. The owners of the land plots and land users on the irrigated engineer prepared lands shall be obliged to comply with established farming rotation scheme, to perform all necessary amelioratory and reclamation works, including maintaining the collector and drainage systems in a good order, located on the land plot.
      5. The failure to comply with a requirements established by paragraph 4 of this Article, shall entail the corrective actions, provided by the legislation of the Republic of Kazakhstan on administrative infractions (irrational use of agricultural lands), as well as may serve as the ground for forcible withdrawal of a land plot, in accordance with the standards of Article 93 of this Code.
      Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 10 January 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); by the Law of the Republic of Kazakhstan dated 6 July 2007 No. 279.

      Article 100. Special land fund

      1. The special land fund shall be formed in order to reallocate the lands between producers of agricultural production, at the expense of agricultural and reserve lands. The special land fund shall not include the land plots, which condition may not afford to cultivate the agricultural commodities, according to the public health regulations.
      2. The special land fund shall be formed by the land plots from agricultural lands, arriving to this fund:
      1) in case of voluntary refusal from the land plot;
      2) in case of forcible withdrawal of the land plot, in accordance with the articles 92, 93 and 95 of this Code;
      3) if there are no heirs neither under the Law, nor under the will, or none of the heirs didn’t accept the inheritance, or all of heirs are deprived of inheritance by the devisor, or the heir refused the inheritance in favor of the state or refused the inheritance without specifying, in favor of whom he refused the inheritance.
      3. Introduction of the land plots, mentioned in paragraph 2 of this Article into the special land fund shall be performed by the decision of executive body of district (city).
      4. Introduction of the land plots, which are not used for intended purpose or used with a breach of legislation of the Republic of Kazakhstan into the special land fund, shall be performed on the basis of unilateral decision of the district (city) executive body from the state land users.
      The decision of the district (city) executive body may be appealed in the manner prescribed by Article 89 of this Code.
      5. Before the transfer of these land plots to new owners and land users, they shall be used by the previous state land users, in the manner and on the terms, established by the district (city) executive body.
      6. Use of the lands of special land fund shall be performed in accordance with Article 97 of this Code.
      The citizens, who resigned from the state agricultural organizations, whose lands shall not be subject to subdivision, who were not previously entitled to conditional land share, residing in this territory, as well as oralmans, have a prior right to receive a land plot from the lands of special land fund for the management of peasant and agrarian economy or another activity, linked with agricultural production.
      7. The grant of land plots from the special land fund shall be performed in accordance with land tenure, specifically, by the single massif and in consideration of creation of facilities in the land use.
      8. Information on existence of lands in the special land fund, shall be publicly available.
      The lands of the special land fund shall be considered as the reserve lands, with the exception of cases, provided by paragraph 5 of this Article.

      Article 101. Land plots for the management of peasant and agrarian economy

      1. The land plots shall be granted to the citizens of the Republic of Kazakhstan as a private property or as a temporary compensated land use (lease) for the management of peasant or agrarian economy, for the period from 10 to 49 years, and for the free-range animal husbandry (seasonal pastures), as a temporary land use without compensation, in accordance with this Code and legislation of the Republic of Kazakhstan on peasant or agrarian economy.
      The citizens who will manage economy on the basis of personal labor participation, and who have special agricultural knowledge, qualification, practical experience in the agricultural economy and residing in this district, city, village, rural settlement, have a priority right to receive the land plot for the management of peasant or agrarian economy.
      The priority right of redemption on the land plot of peasant or agrarian economy, performing its activity for not less than five years and that terminates its activity, shall be granted to the citizens of the Republic of Kazakhstan, acquired the property of this peasant or agrarian economy and who have special agricultural knowledge and qualification.
      2. The citizens resigned from the reorganized state agricultural organizations, shall be granted by the land plots from the lands of mentioned organizations, for the management of peasant and agrarian economy, the cadastral value of which must be at the medium level in economy (on lands).
      3. The citizens, who transferred their rights to land plots, including the rights on conditional land shares in capacity of contribution to the equity the capital of economic partnership, or in capacity of contribution to the production cooperatives, during the cessation of partnership (membership) for the management of peasant or agrarian economy or agricultural production of commodities, are entitled to apportionment (partition) of the share or unit, including the land plot, or to the payment of the value of shares or unit in kind, by the decision of general meeting of participants (members).
      By this, the apportionment of the land plot from among the pledged lands of agricultural organizations shall be allowed with the consent of the pledge holder or with the obligations, secured by the pledge in respect of the land plot at the moment of apportionment.
      The land plot transferred only for use to the chartered the capital by the member of economic partnership or by the member of production cooperative, shall be returned in kind without compensation.
      The application on secession from participants (members) and on apportionment of a land plot shall be issued to the agricultural organization.
      The location area of the admeasured land plot in kind, in consideration for shares or unit, for the management of peasant or agrarian economy or agricultural production of commodities, as well as compensation for expenses, created on the admeasured land plot to economic partnership, productive cooperative by the retiring participant (member), shall be determined in the manner prescribed by the constitutional documents of the economic partnership, productive cooperatives or by the agreement of the parties.
      The apportionment of the land plot in kind shall not be performed in the period of farming operations, with the exception of case, when this apportionment is performed with the consent of agricultural organization or participants of the common property (common land use).
      In the absence of apportionment (partition) order of the land plot in the constitutional documents, the standards of paragraph 4 of this Article shall be applied.
      3-1. The peasant or agrarian economy shall have the right to repurchase the land plots, belonging to him as temporary compensated land use (lease), occupied by the buildings (constructions, installations), including the lands required for their operation and maintenance, in accordance with paragraph 4-1 of Article 10 of this Code.
      In the sale or transfer by gist of the land plots, occupied by the buildings (constructions, installations), including the lands required for their operation and maintenance, the acquirer has a priority right to receive the relevant right to the whole land plot of the seller.
      4. The land plots shall be granted to the citizens, who are the participants of shared ownership (shared land use) and resigning from the membership for management of peasant or agrarian economy, or agricultural production of commodities, in accordance with the use order of the land plot, which is in the shared ownership (shared land use), approved by the general meeting of the joint tenants (participants in shared land use), in accordance with Article 54 of this Code.
      In the absence of use order of the land plot, the interested joint tenant (participant in shared land use) shall be obliged to notify the other joint tenants (participants in shared land use) on intention to allot the land plot in consideration for the land share (land shares) in written form, specifying its supposed location.
      The question on location of the land plot may be resolved by the conciliatory procedures or on the basis of decision of the general meeting of co-tenants (participants of common land use) or their representatives. The meeting shall be carried out within one month from the moment of notification and shall be considered legally qualified with the participation of not less than 50% of co-tenants (participants of common land use) or their representatives. The decision shall be made by the simple majority votes of presented joint tenants (participants of shared land use) or their representatives and shall be executed by the protocol. The protocol shall be signed by all presented joint tenants (participants of shared land use) or their representatives.
      The suggestion on location of the land plot shall be concerted, if there are no any counter-arguments from the joint tenants (participants of the joined land use) within month from the date of legal notice.
      5. The application of the citizen and accompanied concerted materials on location of the admeasured land plot shall be transferred to the local executive body for the registration of rights to the land plot.
      6. The citizens, who received the land plots for the management of peasant or agrarian economy and who have a dwelling house in a village, shall preserve the personal land plot as a property, which shall not be included to the land plot of peasant or agrarian economy.
      7. The citizens, who are not the workers of agricultural organizations, shall be granted by the land plots for the management of peasant or agrarian economy from the lands of special land fund and reserved lands.
      Footnote. Article 101 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 102. Land plots for personal subsidiary economy, gardening and suburban construction

      1. The land plots from the agricultural lands, rural-type settlements and reserved lands shall be granted to the citizens of the Republic of Kazakhstan in private ownership for the personal subsidiary economy and suburban construction.
      2. The citizens, who are the owners of the land plots for the personal subsidiary economy, gardening and suburban construction, are entitled to organize in special partnerships, horticultural and other consumer cooperatives, the legal status of which shall be determined by the legislative acts of the Republic of Kazakhstan.
      3. The standards on condominium shall be applied in respect of relations between owners, linked by common property, in the cases when the land plots, intended for the gardening or suburban construction are in the separate property of citizens, and the land plots and other property, intended for satisfaction of common requirements of the land plot’s owners, are in their joint share ownership.

      Article 103. Subdivision of a land plot of privatized state agricultural organizations

      1. The employees of privatized state agricultural organizations, as well as the holders of pension and persons occupied in production and social and cultural services of these organizations and residing in their territory, are entitled to conditional land share.
      2. The arable areas of the reordered or liquidated state agricultural organizations shall be subject to subdivision on conditional land shares, within the boundaries of their land use, with the exception of land plots:
      1) included to the limit of inhabited localities;
      2) included on the special land fund of the district;
      3) exposed to higher-than-normal radiation pollution or otherwise constitute threat for life and health of population;
      4) disturbed while resource development and not reclamated in condition suitable for their intended purpose;
      5) which are in a temporary land use, for the distant-pasture cattle tending.
      3. The size of conditional land share shall be calculated;
      1) in hectares by division of the total area of the arable areas, which were in the land use of agricultural organizations, for the number of persons, entitled to conditional land share;
      2) in point/hectares (point of soil bonitet multiplied on area) by division of the arable areas’ sums of the point/hectares, which are in the land use of agricultural organization, for the number of persons, who are entitled to conditional land share.
      4. The results of determination of the sizes of conditional land share and list of persons, who are entitled to conditional land share, shall be approved by the decision of general meeting of labour collective of the privatized economy, shall be performed by the protocol and shall be subject to approval in the district (city) executive body.
      5. The right of citizens to conditional land share shall be certified by the certificate on the right to conditional land share that shall be issued by the authorized body of the city of republican significance, district, city of oblast subordinance at location of land plot within three months after approval of the list of possessors and sizes of conditional land shares by the district (city) executive body.
      6. The possessors of conditional land shares shall be obliged to obtain into ownership or land use the land plot in respect of the conditional land shares in a manner and in terms, established by this Code, within one year from the moment of obtainment of a certificate on a right to conditional land share.
      The mentioned persons are entitled to execute the land plots in separate or common property (land use).
      7. If the citizen, who is the possessor of the conditional land share surrenders his nationality of the Republic of Kazakhstan, his rights to land share shall be considered as terminated.
      Footnote. Article 103 as amended by the Law of the Republic of Kazakhstan dated 10 January 2006 No. 116 (the order of enforcement see Article 2 No. 116).

      Article 104. Cattle-driving routes of long-termed use

      1. The land plots for the cattle-driving routes of long-termed use shall be granted for the cattle drive of agricultural commodity producers on seasonal pastures, generally on the pasture grounds in the line of land use boundaries in the size, providing the soiling food for the driving cattle.
      2. The land plots for the cattle-driving routes of long-termed use, intended for the cattle drive within one district, shall be granted by the district (city) executive body.
      The decisions on grant of the land plots for the cattle-driving routes, intended for the cattle drive within the territory of several districts shall be adopted by the oblast executive body.
      3. The persons, who are the land users of the cattle-driving routes of long-termed use, shall be obliged to build the necessary quantity of wells, grounds for the watering place and rest of the cattle, constructions and installations, ensuring compliance of ecological demands and normal operation of the routes, to drive the cattle without restrictions within the periods, as agreed in the prescribed manner by the state body in the field of veterinary medicine.
      4. The admeasurement of cattle-driving routes of temporary (seasonal) use without grating the land plots on the basis of land use, shall be performed by the rules of servitude (Article 70 of this Code).
      Footnote. Article 104 as amended by the Law of the Republic of Kazakhstan dated 24.07.2009 No. 190-IV (the order of enforcement see Article 2); dated 17.01.2014 No. 165-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 105. Compensation of agricultural production’s losses

      1. The agricultural production’s losses, occasioned by the seizure of the arable areas for the purposes, which are not linked with farmery, shall be subject to compensation to the budget revenue in order to agricultural production by the restoration of the arable areas and their quality.
      These losses shall be compensated beside the damages, provided by Article 166 of this Code.
      2. The compensation of agricultural production’s losses shall be performed by the persons, granted by the arable areas from among all land categories, with the exception of industry lands, transport lands, communication lands, defence lands, national security lands and other non-agricultural appropriation, for the requirements, not linked with farmery, and persons for whom the conservation zones, buffer zones and protection zones shall be established.
      The agricultural production’s losses shall be subject to compensation on the change of designation of the arable areas, which are in the land use or ownership of citizens and legal entities.
      The agricultural production’s losses shall be subject to compensation within the period of six months from the moment of decision on granting the right to land plot or change of the designation of the arable areas.
      3. The individual and legal entities shall not be subject to compensation of losses, to whom the land plots shall be granted for:
      1) individual housing construction, construction of schools, preschools, organizations of the secondary-level education, technical and professional education, postsecondary education, health institutions and subjects of cultural and general significance within the boundaries of inhabited localities;
      2) construction of melioration systems;
      3) construction of pond and limnetic fish industries, nursery areas for fish, fish hatcheries and fish farms;
      4) construction of objects, ensuring the environmental protection, which doesn’t induce deterioration of the contiguous lands;
      5) forest amelioration of the degraded areas, lands, polluted by the chemical and radioactive substances.
      Also, the losses shall not be compensated in the grant of land plots to the state natural parks, state national natural parks, state natural reservations, state local natural parks, state zoological parks, state botanical gardens, state dendrological parks and state natural monuments, for the objects of historical and cultural significance, as well as in other cases, provided by the regulatory legal acts of the Government of the Republic of Kazakhstan.
      Footnote. Article 105 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 07.07.2006 No. 176 (shall be enforced from the date of its official publication); dated 27.07.2007 No. 320 (the order of enforcement see Article 2); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 106. Procedure for compensation of agricultural production’s losses

      1. In case of seizure of arable areas for the purposes, which are not linked with farmery or forest management, the amount of losses shall be determined within land surveying project (land management file), which is the ground for decision on grant of the relevant right to land plot by the local executive body.
      2. The amount of the losses which shall be subject to compensation shall be determined, based on the standards, which provide the reclamation of new lands or areas improvement to the level of manufacture of agricultural products on them, to the extent of not less than receiving or previously receiving on withdrew areas before the reduce of their quality.
      3. The standards of compensation of agricultural production’s losses, induced by the seizure of the arable areas for the purposes, which are not linked with the farmery, shall be established by the Government of the Republic of Kazakhstan.
      4. In case of seizure of the arable areas for temporary use, with the condition of land restoration for non-agricultural and unforested areas, the losses shall be compensated to the full extent.
      In case of application of the rich soil layer on the low-yielding or unproductive lands, on account of the funds of individual or legal entity, who is granted by the land plot, the losses shall be compensated with a credit of the sums expended for restoration of the lands, in the manner prescribed by the Government of the Republic of Kazakhstan.
      5. The amounts of losses shall be agreed with the person, interested in a grant of the land plot and shall be executed by the act, which is approved by decision of the local executive body on a granting of the right to land plot.
      6. The amounts of the losses, incurred by deterioration of land’s quality shall be determined and expressed as percentage from the standards proportionally to deterioration in quality (on cadastral value of the lands) in cases, which are not linked with their transfer from one type to another.
      In case of transfer of one type of lands to another in connection with deterioration of the lands’ quality, the amount of losses shall be determined by the difference of standards for the relevant type of lands.
      7. Compensation of losses, incurred by deterioration of the lands’ quality in a result of influence, occasioned by activity of organizations and citizens shall be performed in a judicial proceeding at the suit of an authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance at location of the land plot.
      Footnote. Article 106 as amended by the Law of the Republic of Kazakhstan dated 10 January 2006, No. 116 (the order of enforcement see Article 2 of the Law No. 116).

Chapter 11. Lands of inhabited localities

      Article 107. Concept and composition of the lands of inhabited localities

      1. The land plots granted for the development of cities, rural settlements, auls, villages and other settlements shall relate to the category of the lands of inhabited localities.
      2. The lands of inhabited localities shall be delimited from the lands of other administrative-territorial entities by the boundaries of city, rural settlement, village.
      3. The lands of inhabited localities may include:
      1) the lands of residential development, occupied by constructions, intended for construction of multifamily and multistorey houses, free-standing residential buildings with the personal land plots;
      2) the lands of cultural and business development, intended for the allocation of the health care, cultural, sales, public eating, domestic services, commercial facilities, as well as preschool organizations, organizations of the secondary-level, technical and professional, postsecondary and higher education, administrative, research institutions, places of worship and other business buildings, constructions and installations;
      3) the lands of industrial property development, occupied and intended for the allocation of industrial, communal and storage objects, ensuring their operation, objects of engineering and transportation infrastructure, as well as for establishment of sanitary protection zone of these objects;
      4) the lands of transport, communication, engineering services, occupied and intended for the construction of railroad, highway, river, marine, air, pipeline transport, main highways of engineering infrastructure and communication;
      5) the specially protected natural areas of health-improving, recreation and historical-cultural significance;
      5-1) the forest fund;
      6) the lands of water reservoirs and water area, occupied by rivers, natural and artificial reservoirs and water areas, water conservation zones, water development and other facilities;
      7) the agricultural lands;
      8) the common use lands, occupied and intended for occupation by squares, streets, pedestrian ways, passageways, roads, embankments, parks, garden squares, forest-parks, boulevards, reservoirs, beaches, graveyards and other objects, intended for satisfaction of population’s needs (public water supply, heating pipes, pollution control facilities and other common engineering systems, as well as conservation zones of heat supply networks and common engineering systems);
      9) the reserved and other lands, which are not involved in town-planning activities, intended for the spatial development of the inhabited locality and for the development of personal subsidiary economy;
      10) the special purpose lands for the occupation of crematorium, animal burial site, waste landfills for the household garbage and other objects, the use of which is not possible without establishment of the special standards and rules;
      11) the lands granted for the needs of defence and national security, as well as for another regime of use.
      4. The attribution of the land plots to the lands of common use on the lands of inhabited localities, as well as expulsion from the lands of common use, in connection with change of their designation, shall be performed by the local executive bodies in accordance with their competence.
      Footnote. Article 107 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 27.07.2007 No. 320 (the order of enforcement see Article 2); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 No. 165-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 108. Establishment and change of boundaries (limits) of inhabited localities

      1. The establishment and change of the boundaries (limits) of inhabited localities shall be performed on the basis of approved urban planning documentation in the permitted manner on the joint recommendation of the relevant bodies of land tenure, architecture and urban construction.
      2. The boundaries (limits) of the cities of republican significance and the capital of the Republic of Kazakhstan shall be established and changed by the President of the Republic of Kazakhstan upon the recommendation of the Government of the Republic of Kazakhstan.
      3. The boundaries (limits) of the city of oblast subordinance shall be established and changed by the joint decision of oblast representative and executive bodies as may be agreed with the Government of the Republic of Kazakhstan.
      4. The boundaries (limits) of the cities of district subordinance shall be established and changed by the joint decision of oblast representative and executive bodies.
      5. The boundaries (limits) of the rural settlements and auls (villages) shall be established and changed by the joint decision of district (city) representative and executive bodies.
      6. Introduction of the land plots in the boundaries of city, rural settlement, village shall not entail the termination of property right or land use right on these land plots.

      Article 109. Land use of inhabited localities

      1. All lands of the cities, rural-type settlements, inhabited localities shall be used in accordance with their general plans, planning designs and housing projects and projects of land and economic structures of the territory.
      The use of the lands with the simplified diagram of the general development and structure plans of this inhabited locality or approved town planning documentation, in the permitted manner, shall be allowed in the inhabited localities with a population of up to 5 thousand people, in the absence of approved general plans in the permitted manner.
      2. The land plots from the lands of common use may be granted to the citizens and legal entities for a temporary land use for the placement of lightweight structures (concession stands, kiosks, advertising installations and other service objects) without damage for common use. By this, the granting of land plots from among of the common use lands shall be prohibited, including shoulders of the roads (streets, drive ways), for the placement of markets, paid parkings (car parkings), with the exception of paid parkings (car parkings) located in the right of way on the streets of the cities of republican significance, the capital, in accordance with the legislative acts on a special status of Almaty city and status of the capital of the Republic of Kazakhstan.
      The land plots from the lands of common use may be granted in the private ownership only after their expulsion from the lands of common use.
      The land plots from the agricultural land use of inhabited localities may not be granted as a private ownership for the management of peasant and agrarian economy, agricultural production of commodities, forest planting, personal subsidiary husbandry, gardening and animal industry.
      3. The land plot of not less than six square meters shall be allocated for the burial ground disposal without payment on every decedent inhabitant of settlement or a person of no fixed abode, died in this settlement, from the lands of common use, occupied and intended for burial-grounds.
      Footnote. Article 109 as amended by the Laws of the Republic of Kazakhstan dated 6 July 2007 No. 279; dated 21 July 2007 No. 297 (shall be enforced from the date of its official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 110. Suburban zones

      1. The suburban zones may include lands beyond the boundaries of city, which compose the single social, natural and economical territory with the city.
      2. The land zoning with allocation of the intense development zones of natural agricultural production, special town-planning regulation (reserved territories for city development, occupancy and construction of facilities, required for the normal operation of engineering and transportation infrastructure), green zones, occupied by the forests, forest-parks and other green plantings, performing protective and sanitary and hygiene functions, and which are the holiday resort for the population, shall be performed in the suburban zones,
      3. The suburban zones’ boundaries of the cities of district subordinance shall be established and changed by the local representative body at suggestion of the local executive body of oblast.
      The suburban zones’ boundaries of the cities of republican significance, the capital and cities of oblast subordinance shall be established and changed by the Government of the Republic of Kazakhstan at the joint suggestions of the relevant local representative and executive bodies of the cities of republican significance, the capital and oblasts. The suburban zones’ boundaries of the cities of republican significance, the capital shall be also coordinated with the relevant local representative and executive bodies of oblasts, the territories of which are included to the suburban zone.
      4. The inclusion of lands to the suburban zone shall not entail the termination of property rights and land use rights by these lands.
      5. The order and regime of land use, included to the suburban zone, shall be determined by the body, which established the suburban zone.
      The order and regime of land use, included to the suburban zone of the Astana city and cities of republican significance shall be determined by the Government of the Republic of Kazakhstan at the joint suggestion of representative and executive bodies of mentioned cities, coordinated with the relevant oblast representative and executive bodies, the territory of which are included to the suburban zone.
      Footnote. Article 110 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 12. Industrial, transport, communication lands for the needs of space activities, defence, national security and the other non-agricultural significance

      Footnote. The title of chapter 12 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 111. Concept and composition of the industrial, transport, communication lands, for the needs of space activities and the other non-agricultural significance

      Footnote. The title of chapter 111 as amended by the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication).

      1. The lands granted to the citizens and legal entities shall be considered as the industrial, transport, communication lands, for the needs of space activity and the other non-agricultural significance, in the manner prescribed by this Code and other legislative acts of the Republic of Kazakhstan, for the relevant designation.
      2. The special aspects of the use of industrial, transport, communication lands, for the needs of space activity and the other non-agricultural significance shall be established by the special legislation of the Republic of Kazakhstan.
      Footnote. Article 111 as amended by the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication).

      Article 112. Industrial lands

      1. The lands granted for the placement and operation of industrial objects, including their sanitary protection and other zones shall be included to the industrial lands.
      2. The sizes of land plots granted for the mentioned purposes shall be determined in accordance with the approved standards or project design documentation, in the permitted manner, and allocation of land plots shall be performed in recognition of order of their development.

      Article 113. Transport lands

      1. The lands granted for securing of activities and (or) operation of automobile, marine, inland water, railway, air, pipeline and other types of transport objects shall be considered as the transport lands.
      2. In order to arrange the conditions for development, construction and reconstruction of automobile, marine, inland water, railway, air, pipeline and other types of transport, the reservation of lands may be performed in the manner prescribed by this Code.
      Footnote. Article 113 as amended by the Laws of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 533-IV) shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 114. Lands of railway transport

      1. The lands for the needs of railway transport shall include the lands designated for:
      1) the main lines and the constructions and installations linked with them technologically (railroad groundwork, bridges, tunnel, viaducts, signaling equipment, service buildings);
      2) the driveways;
      3) the railroad stations (railway stations) with the buildings, installations of energy, locomotive, wagon, track and freight economies, water supply and sewage pipes, protective and fastening plantings, office and other objects, that have a special purpose on maintenance of the railway transport;
      4) the right of way and protective zones of the railways;
      5) the railway lines and the railway transport objects on public private partnership agreement.
      2. The land plots for the needs of railway transport shall be granted in accordance with the project design documentation and general development scheme of railway lines and railroad stations according to the standards, approved in the permitted manner.
      3. The protective zones with the special land use conditions, within which the types of activities which are incompatible with the purposes of zones’ establishment are restricted or prohibited, shall be established in order to provide the public safety, as well as safe operation of the facilities on the land plots, affiliated to the right of way for the needs of railway transport.
      4. The protective zones of the railway transport shall include: protective forest strips, land plots required for protection, stability and stableness of the constructions, contrivances and other transport objects, as well as land plots affiliated to the right of way of railway transport, located in the mudflow risk, landslide zones and in the places, which shall be subject to other danger affections.
      The protective zones may be established without a seizure of land plots from the owners of land plots and land users.
      Footnote. Article 114 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (the order of enforcement see Article 2).

      Article 115. Lands of highway transport

      1. The lands for the needs of highway transport shall include the lands designated for:
      1) the motor ways, their structural parts and road structures and constructions and installations technologically linked with them;
      2) for the placement of bus stations and auto stations, other highway transport objects and road facilities objects, required for the operation, maintenance, construction, reconstruction, repair, development of above-ground and earth-sheltered buildings, constructions, installations, contrivance;
      3) establishment of the right of way of motor ways.
      2. The land plots for the right of way for the needs of highway transport shall be granted on the basis of established standards depending on the category of roads and according to the project documentation.
      3. The road shoulders in the form of the land plots with determination of a special regime of their use, affiliated on both sides to the right of way of general purpose motor ways, shall be created in order to provide the public safety and arrangement of conditions of motor ways’ operation, in recognition of demands of traffic safety.
      The land plots with the road shoulders, which are in the state ownership, may be granted to individual and legal entities in the temporary land use by the local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance.
      4. The construction of buildings and installations, as well as laying of the engineering services within the right of way along the general-purpose motor way shall be prohibited, with the exception of highway service objects, outdoor (visual) advertisement, traffic control posts, sanitary and epidemiological control, custom service, border, transport control, veterinary and phytosanitary control posts.
      The construction of buildings and installations in the road shoulder of the general-purpose motor way shall be prohibited, with the exception of highway and roadside service objects, the constriction of which shall be performed in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 115 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 116. Lands of marine and inland water transport

      The lands for the needs of the marine and inland water transport shall include the lands designated for the placement of seaports and river harbors, mooring berths, landing places, hydraulic engineering works, other objects, required for the operation, maintenance, construction, reconstruction, repair, development of above-ground and earth-sheltered buildings, constructions, installations, contrivances and other marine and inland water transport objects.

      Article 117. Lands of air transport

      The lands for the needs of air transport shall include the lands designated for the placement of airports, airdromes, airport terminals, air strips and other ground objects, required for the operation, maintenance, construction, reconstruction, repair, development of above-ground and earth-sheltered buildings, constructions, installations, contrivances and other air transport objects, as well as their protective zones.
      The protective zones may be established without a seizure of the land plots of the owner of land plots and land users.

      Article 118. Lands of pipeline transport

      The lands for the needs of pipeline transport shall include the lands designated for the placement of water supply systems, gas pipelines, oil pipelines, oil product pipelines and objects required for the operation, maintenance, construction, reconstruction, repair, development of above-ground and earth-sheltered buildings, constructions, installations, contrivances and other pipeline transport objects.
      The mentioned lands shall also include the lands for the needs of main pipelines, including the protective zones of main pipelines with special use conditions of the land plots, the boundaries of which shall be determined in accordance with the legislation of the Republic of Kazakhstan on main pipeline.
      The protective zones may be established without a seizure of the land plots from the owner of land plots and land users.
      The allocation of land plots for the purpose of placement and operation of the lineal part of the main pipelines shall be performed according to the standards of the public servitude (paragraph 4 of Article 69 of this Code).
      Footnote. Article 118 is in the wording of the Law of the Republic of Kazakhstan dated 22.06.2012 No. 21-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 119. Lands of communication and power production

      1. The lands for the needs of communication, radiobroadcast, TV broadcast, informatics shall include the lands designated for the placement of the relevant objects of infrastructure, cable lines, radio relay lines and aerial lines, including the subsurface lines, as well as their protective zones.
      2. The lands of energy production shall include the land plots designated for:
      1) the placement of hydroelectric power stations, nuclear power plants, heating stations and other electrical generating stations, constructions and facilities that support them, as well as the objects on use of the renewable energy sources;
      2) the placement of the aerial power lines, above-ground buildings of the cable power line, electric power substations, electric power substations, other constructions and power engineering facilities.
      The protective zones of the electric networks and communication lines may be established in order to provide the public safety and arrangement of conditions for the operation of power engineering facilities and communication objects, on the basis of construction regulations, rules for the protection of electric networks and communication lines and other regulatory documents, approved in the permitted manner.
      Footnote. Article 119 as amended by the Law of the Republic of Kazakhstan dated 04.07.2009 No. 166-IV.

      Article 119-1. Lands for needs of space activity

      1. The lands for the needs of space activity shall include the lands designated for the placement and operation of the ground-based space infrastructure facilities, as well as their protective zones.
      2. The reservation of the lands for the needs of space activity shall be performed in accordance with this Code, in order to arrange the conditions for development of space activity.
      3. The protective zones with the special conditions of land use, with the exception of districts of fall of the rocket vehicle parts, within which the types of activities which are incompatible with the purposes of zones’ establishment are restricted or prohibited, shall be established in order to provide the public safety, as well as preservation and safety operation of the ground-based space infrastructure facilities.
      Footnote. Chapter 12 is supplemented by Article 119-1 in accordance with the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication).

      Article 120. Land for needs of defence and national security

      Footnote. The title of Article 120 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. The land plots granted for the placement and permanent constant activity of the military units, firing ranges, military educational institutions, educational institutes of the special state bodies and other organizations of the armed services, other forces, military formations, special state bodies, and objects and installations, performing the task in the field of defence and national security, shall be considered as the lands for the needs of defence and national security.
      2. If it is necessary to temporarily use the lands for conducting exercises and other events, linked with the demands of defence and national security, the land plots shall not be confiscated from the owners of land plots and land users.
      Use of these lands shall be performed in respect of the order, established for the performance of engineering works, as well as for the zones with special conditions of use.
      The oblast executive body shall issue the permission to use the land plots for the mentioned purposes.
      3. The land plots for the provision of necessary facilities and maintenance of the engineering structures and bars, border markers, boundary narrow clearings, communications, points of passage across the State border of the Republic of Kazakhstan, shall be lead for the purpose of defence and protection of the state border of the Republic of Kazakhstan.
      4. As it may be agreed with the military units, the district executive bodies may transfer certain land plots for the temporary land use to individual and legal entities for the agricultural exploitation, from the lands, granted for the needs of defence.
      Footnote. Article 120 as amended by the Laws of the Republic of Kazakhstan dated 19.12.2007 No. 11(the order of enforcement see Article 2); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 121. Zones with special conditions of land use

      1. The zones, within which the types of activity, which are incompatible with the purposes of zones’ establishment, are restricted or prohibited, shall be established in order to provide the public safety, and arrangement of necessary conditions for operation of industrial, transport and other facilities.
      2. The zones with special conditions of land use shall include:
      1) the sanitary protection zones of industrial enterprises;
      2) the mudflow risk, landslide and protective forest zones, affiliated to the railroad precinct and right of way of motor ways;
      3) the protective zones of water-catchment plants;
      4) the aerodrome bands;
      5) the protective zones of the main pipelines, communication lines, radiofixation and power transmission;
      5-1) the protective zones of gas-supply system facilities;
      6) the water conservation zones;
      6-1) the protective zones of the ground-based space infrastructure facilities, with the exception of districts of fall of the rocket vehicle parts;
      7) the territory of military fields;
      8) the territories, being in use of the special state bodies;
      9) the territory, which is adjacent to the correction facilities of correctional system.
      3. The lands included to the zones with special conditions of use shall be signified afield by the special signs. The mentioned lands may not be seized from the owners of land plots and land users, with the exception of first belt of the water-catchment plants zone.
      The land plots which are in the zone, mentioned in subparagraph 8), paragraph 2 of this Code, shall not be seized from the owners of land plots, land users.
      4. The boundaries of mentioned zones and the regime of land use shall be determined by the body, decided on granting of lands to the ownership or land use, in accordance with the standards and project documentation, with the exception of zones, mentioned in subparagraph 8) of paragraph 2 of this Article.
      The boundaries of zones and the regime of land use, mentioned in subparagraph 8) of paragraph 2 of this Article shall be determined in accordance with this Code and correctional legislation of the Republic of Kazakhstan at a remove of not less than fifty meters from the barriers of correctional system facilities.
      Footnote. Article 121 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 09.01.2012 No. 533-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.02.2012 No. 556-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 13. Specially protected natural areas, lands of health-improving, recreation and historical-cultural significance

      Article 122. Specially protected natural areas

      1. Specially protected natural areas shall include the lands of state wildlife management areas, state national natural parks, state natural reserves, state regional natural parks, state zoological parks, state botanical gardens, state dendrological parks and state natural monuments.
      The land plots of the state preserved areas and state natural sanctuaries shall be allocated as a part of other categories of lands without their seizure from the owners of land plots and land users and shall be covered in the course of the state land cadastre.
      Within the territory of the state preserved areas and state natural sanctuaries of any activity, which has an adverse effect on condition and restoration of ecological systems of these specially protected natural areas and the state natural-reserved fund located on them, the restrictions shall be introduced on the land plots of the owners and land users by the encumbrance and shall be considered in the land surveying documentation.
      2. Specially protected natural areas are in the state ownership and shall not be subject to alienation.
      The seizure of the conservation lands for the other needs is not allowed.
      The arable areas on the conservation lands, used for the management of agricultural production, may be granted for the mentioned purposes to the citizens of the Republic of Kazakhstan, residing in the inhabited localities, located within the boundaries of specially protected natural areas, in the manner prescribed by the legislation of the Republic of Kazakhstan.
      The transfer of specially protected natural areas shall be prohibited, except for the transfer to reserved lands for construction and operation of tourism facilities, provided by the national programs, the water facilities which have a special strategic significance, and only those land plots, on which the regime of restricted economic activity is established, as well as for construction of the State border facilities of the Republic of Kazakhstan, their provision of the necessary facilities and maintenance, in the absence of other alternates of their probable placement, in existence of favorable conclusion of the state environmental review, in the manner, prescribed by the Government of the Republic of Kazakhstan.
      3. Specially protected natural areas may be used for the scientific, cultural and educational, learning, touristic and recreative, restricted economic purposes, in the manner and on the terms, provided by the legislation of the Republic of Kazakhstan.
      The museums, lecture halls, expositions, demonstrational areas and other necessary facilities may be created for the carrying out of the social activities on the specially protected natural areas.
      The special areas, which are equipped with the nature trails, viewing platforms, camp meadows, parking areas, camping areas, campgrounds, hotels, motels, tourist centres, public catering and commercial business facilities, and other cultural and general facilities, shall be allocated for the carrying out of tourism and recreation on the specially protected natural areas.
      The touristic and recreative activity on the specially protected natural areas shall be restricted in recognition of regimes of their security and shall be regulated in accordance with the legislation of the Republic of Kazakhstan.
      The use of specially protected natural areas in the restricted economic purposes may be allowed exceptionally on the special designated areas with the protection regime and regulated regime of economic activity.
      Footnote. Article 122 as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 No. 176 (shall be enforced from the date of its first official publication); dated 01.12.2008 No. 94-IV (the order of enforcement see Article 2); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 123. Lands of protective zones of specially protected natural areas

      1. The protective zones with the prohibition and (or) restriction of any activity within these zones, which has an adverse effect on condition and restoration of ecological systems of these specially protected natural areas and the state natural-reserved fund located on them, shall be established for security and protection from the negative external influence around the specially protected natural areas, including on the lands of the owners and land users, who are within their boundaries.
      2. The size, boundaries, types of regime and order of exploitation of natural resources in the territory of protective zones of the state wildlife management areas, state national natural parks, state natural reserves and state regional natural parks shall be determined by the science and engineering-and-economical foundations by their creation and shall be established by decision of the local executive bodies of oblasts, cities of republican significance, the capital, in the manner, prescribed by this Code and Law of the Republic of Kazakhstan “On specially protected natural areas”.
      By this, the distance of the protective zone must be not less than two kilometers, which is established on the boundaries of the land plots belonging to the owners and land users or on the natural geographical borders and shall be signified on location by the special signs.
      3. The land plots, within the protective zones of specially protected natural areas shall be used in compliance with the established regime of these zones’ protection.
      The compulsory alienation of the land plot for the needs of state, shall be performed in accordance with the conditions and order, which are established by this Code and Law of the Republic of Kazakhstan “On state property”.
      Footnote. Article 123 is in the wording of the Law of the Republic of Kazakhstan dated 07.07.2006 No. 176 (shall be enforced from the date of its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 124. Rating of lands to the category of specially protected natural areas

      Footnote. The title of Article 124 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Rating of the lands to the category of conservation lands shall be performed in accordance with the legislation of the Republic of Kazakhstan in the field of conservation lands.
      Footnote. Article 124 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 125. Lands of health-improving significance

      1. The lands of health-improving significance shall include the health resorts, which have therapeutic values, as well as land plots, which are favorable to preventive care and medical treatment.
      2. The sanitary protection zones shall be established in order to preserve the favorable and ecological conditions for preventive care and medical treatment of person’s diseases on the lands of the territories of health-improving significance, in accordance with the legislation of the Republic of Kazakhstan.
      The boundaries and use regime of save areas, sanitary protection and other protective zones shall be determined by the local representative and executive bodies.
      3. The land plots within the sanitary protection zones shall not be seized from the owners of land plots and land users, with the exception of cases, if the total seizure of these land plots is provided, in accordance with the established sanitary condition, from the economic turnover (the first belt of sanitary protection zone). By this, the mentioned areas shall be expropriated for the state requirements in cases and order, which are provided by this Code and Law of the Republic of Kazakhstan “On state property”.
      The land use within the boundaries of the second and third belt of the sanitary protection zones shall be performed in compliance with the established regime of security of these zones.
      Footnote. Article 125 as amended by the Laws of the Republic of Kazakhstan dated 6 July 2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 126. Lands of recreative significance

      1. The lands intended and used for the organized mass leisure and tourism shall be considered as the lands of recreative significance.
      2. The lands of recreative significance may include the land plots, on which there are the holiday houses, holiday hotels, camping areas, physical culture and sport facilities, tourist centers, fixed-site and tent health improvement camps, fisher and hunter houses, forest-parks, nature trails, routes, children’s and sporting campuses, other similar objects. The lands of recreative significance shall also include the lands of suburban green zones.
      3. The order and regime of use of the lands of recreative significance shall be determined by the local representative and executive bodies.
      4. The use of nature trails and routes, established under agreement with the owners of land plots and land users, may be performed on the basis of servitudes.
      5. On the lands of recreative significance, the activity which is inconsistent with their designation shall be prohibited.
      Footnote. Article 126 as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 127. Lands of historical cultural significance

      1. The land plots, occupied by the historical cultural heritage, including the historical and cultural monuments shall be considered as the lands of historical cultural significance.
      The research works on exposure of the objects of historical cultural heritage, shall be performed on development of the territories, before the allocation of land plots.
      In case of detection of the objects, which have historical, scientific, artistic and another cultural value, the land users shall be obliged to suspend the further conduct of works and notify the authorized body on protection and use of the objects of historical cultural.
      The performance of all types of works, which may create a threat for existence of the objects of historical cultural heritage, shall be prohibited.
      2. The land plots related to the lands of historical cultural significance shall not be seized from the owners of land plots and land users, with the exception of the cases, established by the legislation of the Republic of Kazakhstan.
      The protective zones, the zones of regulation of the site development and zones of protected natural landscape on the lands of historical cultural significance shall be determined in order to protect the historical and cultural heritage, in the manner, prescribed by the legislation of the Republic of Kazakhstan.
      The boundaries of protective zones, zones of regulation of the site development and zones of protected natural landscape of the historical cultural heritage’s objects, shall be approved by the local representative bodies (maslikhats) of oblasts, cities of republican significance, the capital upon the recommendation of the relevant local executive bodies.
      The procedure for determining of the mentioned zones and regime of land use shall be determined by the authorized body on protection and use of the objects of historical cultural heritage.
      3. The administrative actions may be applied within the protective zones, zones of regulation of the site development and zones of protected natural landscape by the authorized body on protection and use of the objects of historical cultural heritage, on the basis and in the manner, prescribed by the Republic of Kazakhstan on administrative infractions.
      Footnote. Article 127 as amended by the Law of the Republic of Kazakhstan dated 21 July 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Chapter 14. Lands of forest fund

      Article 128. Concept and composition of the lands of forest fund

      1. The land plots covered by forest as well as unforested lands, but granted for the needs of forest husbandry shall be considered as the lands of forest fund.
      2. The lands of forest fund consist of the lands of state and private forest funds.
      3. The lands of state forest fund shall include the lands covered by natural forests and homogeneous forests, created at the expense of state budget, as well as lands not covered by forests, granted for the temporary land use to the state organizations, leading forestry.
      4. The lands of private forest fund shall include the lands, granted to individual and non-state legal entities in the private ownership or long-termed land use in accordance with this Code, with designation for the forest planting, occupied by:
      1) the artificial stands;
      2) the natural stands, originated by seeds and (or) vegetable;
      3) the private forest gardens;
      4) plantations of the special purpose;
      5) the agroforestal plantings;
      6) the protective plantings on the right of way of the economical motor ways, which are in the private ownership.
      Footnote. Article 128 as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 No. 176 (shall be enforced from the date of its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 129. Granting of the lands of state forest fund for land use for the agricultural purposes and for construction facilities

      Footnote. The title is in the wording of the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      The arable areas on the lands of forest fund, which are not used for the needs of forest husbandry, may be granted to individual and legal entity for the agricultural purposes, in accordance with the forest legislation of the Republic of Kazakhstan.
      The granting of land plots to the forest users for construction facilities on the lands of state forest fund, where the forest resources are granted for the long-termed forest use for health-improving, recreative, historical cultural, touristic and sporting purposes; for the needs of hunting farm; for the minor forest production, shall be performed in accordance with the forestry legislation of the Republic of Kazakhstan.
      Footnote. Article 129 as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 130. Restrictions in transfer of the lands of forest fund to other category of lands

      The transfer of the lands of forest fund to the lands of other categories, for the purposes which are not linked with the forest management, shall be performed by the Government of the Republic of Kazakhstan.

      Article 131. Compensation of losses of forestry production

      1. The losses of the forestry production, caused by seizure of forested areas for their use, with the purposes, which are not linked with the forest management, or deterioration of quality of the lands in a result of influence, occasioned by activity of individual and legal entities, shall be subject to compensation to the budget.
      2. The compensation of losses of the forestry production shall be performed by the persons, who are granted by the land plots from the lands of forest fund, for the needs, which are not linked with forest management and farmery.
      3. The standards for compensation of losses of the forestry production, caused by the seizure of the forested areas for their use, with the purposes, which are not linked with forest management and farmery, shall be established by the Government of the Republic of Kazakhstan.
      Footnote. Article 131 as amended by the Law of the Republic of Kazakhstan dated 10 January 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).

Chapter 15. Water fund lands

      Article 132. Concept and composition of water fund lands

      The lands, occupied by the reservoirs (rivers and bores equated with them, lakes, water-storage basins, ponds and other inland water bodies, territorial waters), ices, swamp lands, water facilities for the regulation of drain nodes, located on the water sources, as well as the lands allocated for the water protection zones of mentioned water objects and sanitary protection zones of the water-intake system of public water supply.
      Footnote. Article 132 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV.

      Article 133. Right of ownership of the water fund lands

      1. The water fund lands are in the state ownership.
      2. The lands from among of water fund lands, occupied by the water facilities (irrigation and drainage systems) of interdistrict (oblast) and interfarm (district) significance, as well as irrigation facilities, that provide the services to land plot of one economic entity, may be in the private ownership of the citizens and non-state legal entities of the Republic of Kazakhstan, in case of alienation of mentioned facilities from the state ownership.
      3. The land plots for the water facilities, mentioned in paragraph 2 of this Article, providing the services of two or more owners of land plots or land users, shall be granted to them as a common property or common land use.
      Footnote. Article 133 as amended by the Laws of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Article 2); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 134. Allocation of lands for water protective zones and strips along the shoreline of reservoirs

      1. The land plots for the water protective zones and strips shall be allocated along the shoreline of rivers, lakes, reservoirs, bores, internal waters, ices, swamp lands by the local executive bodies.
      The land plots for the water protective zones and strips, shall not be allocated on the conservation lands and on the lands of the state forest fund.
      2. The use of land plots, included for the water protective zones and strips, shall be enforced in accordance with the requirements of water legislation of the Republic of Kazakhstan.
      Footnote Article 134 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV; dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 135. Granting of land plots from among of water fund lands

      The land plots from among of water fund lands may be granted for the temporary land use by the local executive bodies, with the exception of water objects, which are included as a part of specially protected natural areas and state forest fund, as may be agreed with the authorized state body in the field of use and protection of the water fund, water delivery, water removal to the individual and legal entities, for the needs of farming, forestry, fish and hunting economy, placement of facilities on use of the renewable energy source and other purposes, which are not inconsistent with the main designation of the land plot.
      Footnote. Article 135 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2009 No. 166-IV; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 136. Procedure for use of water fund lands

      The use of the water fund lands shall be performed in the manner and on the terms, established by this Code and water legislation of the Republic of Kazakhstan.

      Article 136-1. Procedure for transferring the water fund lands to the lands of other categories

      1. The transfer of the water fund lands to the lands of other categories shall be performed in the cases of natural or artificial disappearance or size reduction of the water objects and seizure of the water fund lands for the state requirements, with the exception of the water objects, which are included as a part of specially protected natural areas and state forest fund.
      2. The decision on transfer of water fund lands to the lands of other categories, shall be adopted by the local executive body of oblast, city of republican significance, the capital, with the exception of water objects, which are included as a part of specially protected natural areas and state forest fund.
      The decision on transfer of the water fund lands to the lands of other categories or on refuse to transfer the water fund lands to the lands of other categories, shall be adopted on the basis of special commission’s conclusion, made by the local executive body of oblast, city of republican significance, the capital from among of deputies of the local representative body, authorized agents of the territorial subdivisions of the authorized bodies in the field of environmental defence, use and protection of the water fund, land stewardship.
      Footnote. Code is supplemented by Article 136-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV; as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 16. Reserved lands

      Article 137. Composition of reserved lands

      1. The reserved lands are the lands, which are not granted in ownership or land use, which are under the jurisdiction of district executive bodies.
      2. The land plots, on which the nuclear tests were performed, shall be transferred by the decision of the Government of the Republic of Kazakhstan to the part of reserved lands. The legal regime of the mentioned lands shall be established in accordance with Article 143 of this Code.

      Article 138. Grant of reserved lands

      The reserved lands shall be granted in the ownership or land use for the needs of agricultural economy, private forest planting, industry and other purposes in the manner and on the terms, established by this Code. The transfer of reserved lands to the other categories shall be performed with their granting in the ownership or land use, at the same time.
      Footnote. Article 138 is in the wording of the Law of the Republic of Kazakhstan dated 6 July 2007, No. 279; as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be performed upon expiry of ten calendar days after its first official publication).

Section 4. Land protection, state control, land tenure, monitoring and land cadastre

Chapter 17. Land protection

      Article 139. Goals and objectives of the land protection

      1. The land protection shall include the management of legal, organizational, economic, technology and other arrangements, oriented to the land protection as a part of environment, rational land use, prevention of the unproven seizure of lands from the agricultural and forestry turnover, as well as on restoration and enrichment of soils.
      2. The goals of the lands protection are:
      1) prevention of degradation and disturbance of the lands, other adverse effects of the economic activity by the stimulation of the environmentally safe manufacturing processes and carrying out of the forest improvement, ameliorative arrangements;
      2) ensuring of improvement and restoration of the lands, which are exposed to degradation or devastation;
      3) reduction to the practice of ecological norms of the optimal land use.

      Article 140. Land protection

      1. The owners of the land plots and land users shall be obliged to effect the arrangements, oriented to:
      1) land protection from the attrition and desertification, erosion by water and wind, mudflow, flooding, bog formation, resalting, drying out, strong compacting, pollution by production and consumption wastes, chemical, biological, nuclear and other harmful substances, from the other destruction processes;
      2) agricultural lands’ protection from the infestations by the quarantine pests and plant diseases, from the weed, shrub and undergrowth infestation, from the other types of land’s deterioration;
      3) recultivation of disturbed lands, restoration of their productive capacity and other useful capacities of land and its well-timed involvement to the economic turnover;
      4) removal, preservation and use of the rich soil layer in the course of works’ performance, linked with the surface disturbance.
      2. The conservation practice shall be provided for the purpose of prevention of the lands’ degradation, restoration of the soil fertility and polluted territories, as well as in cases, when it is impossible to restore the soil fertility of the degraded arable areas, lands, polluted by the chemical, biological, nuclear and other harmful substances in excess of established standards of their maximum allowed concentration and maximum allowed level of exposure, by the production and consumption wastes, waste waters, as well as lands, polluted by the quarantine pests and plant diseases, in the manner prescribed by the Government of the Republic of Kazakhstan.
      3. The economic stimulation of land’s protection and use may be performed for the purposes of boosting the interests of the land plots’ owners and land users in the rational use and protection of the lands, in the manner prescribed by the budget legislation and tax legislation.

      Article 141. The standards of maximum allowed concentrations of harmful substances in soil

      1. The standards of the maximum allowed concentrations of harmful substances, inimical microorganisms and other biological materials, that pollute soil, shall be established for its assessment in favour of health protection and environmental protection.
      2. The mentioned standards shall be approved in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Article 142. Ecological, sanitary and hygiene and other special requirements for designing and putting into service of buildings (constructions, installations) and other objects that have an effect on the lands’ condition

      1. In the course of placement, designing and putting into service of new and refurbished buildings (constructions, installations) and other objects, on adaptation of new equipment and technologies, which have a negative adverse effect on the lands’ condition, the arrangements on land protection shall be performed and provided, as well as the compliance with the ecological, sanitary hygiene and other special requirements (rules, regulations, standards).
      2. The negative impact assessment of the lands’ condition and effectiveness of the arrangements, provided on their protection, shall be performed based on the results of the state environmental assessment, other state assessments, without positive conclusion of which, the adaptation of new equipment and technology, implementation of the lands’ improvement, financing of construction (reconstruction) of buildings (constructions, installations) and other objects shall be prohibited.
      Footnote. Article 142 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 143. Lands that were exposed to nuclear pollution and on which the nuclear weapon tests was conducted

      1. The land plots, which were exposed to nuclear pollution above permitted standards or otherwise constituting a threat to life and health of population, may not be transferred in ownership, permanent or temporary land use.
      2. The land plots, which were exposed to nuclear pollution, which doesn’t provide the production compliant with the sanitary demands and standards, established by the legislation of the Republic of Kazakhstan, shall be excluded from the agricultural turnover and shall be subject to land abandonment. The manufacture and sale of agricultural products shall be prohibited on these lands.
      3. The land plots, on which the nuclear weapon tests was conducted, may be granted in ownership or land use by the Government of the Republic of Kazakhstan, only after the termination of all arrangements on rectification of the nuclear weapon test’s consequences and after the complex environmental investigation, in existence of positive conclusion of the state ecological environmental assessment.
      4. The arrangements on rectification of the nuclear weapon test’s consequences on the mentioned territories shall be provided through the republican and oblast programs on environmental protection and rational use of the land resources and other special programs.
      5. The order of the compulsory alienation and lands protection, which were exposed to nuclear pollution, shall be determined by the legislation of the Republic of Kazakhstan.
      Footnote. Article 143 as amended by the Law of the Republic of Kazakhstan dated 6 July 2007, No. 279; dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 18. State control over land use and land protection

      Article 144. Objectives of state control over land use and land protection

      The objectives of state control are to ensure the compliance with the land legislation of the Republic of Kazakhstan by the state bodies, individuals, legal persons and civil servants, the detection and remedy violations of the legislation of the Republic of Kazakhstan, the restoration of rights to citizens and legal entities, the compliance with the terms of land use, correctness in conducting of land cadastre and land tenure, and performance of arrangements on rational use and land protection.

      Article 145. Organization and procedure for exercise of the state control over land use and land protection

      1. State control over land use and land protection shall be performed by the central body and its territorial bodies, as well as other authorized bodies within their competence.
      2. The other state bodies, performing the state control over land use and land protection are:
      the authorized body in the field of environmental protection;
      the state body of sanitary and epidemiological service;
      the authorized architectural, town-planning and construction body;
      the authorized body in regard to agricultural, forestry, hunting and fishing economy, specially protected natural areas, use and protection of the water resources;
      the authorized body on use and protection of the subsoil.
      3. State control over land use and land protection shall be performed in a form of verification and other forms.
      State control, shall be also performed in the course of inventory implementation, land investigation, drafts and diagrams generation, linked with land use, conducting of land cadastres and monitoring of lands.
      The verification shall be performed in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. The other forms of the state control shall be performed in accordance with this Code.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).
      5. The state control shall be performed with the participation of the owners of land plots, land users, and in case of their refusal – without them, on which the relevant note shall be made in the documents settled based on the results of investigations.
      The detected breaches of land legislation shall be executed by the act with the enclosure of ground observation’s draft, which shall be signed by the specialists, that performed these works, and shall be sent to the body, in the competence of whom is the examination of this issue.
      The detected breaches of the land legislation shall be considered by the authorized bodies in accordance with their functions, in the manner prescribed by the legislation of the Republic of Kazakhstan on administrative infractions.
      6. The decision of the state inspector on use and protection of lands on recovery of administrative sanction may be appealed, in accordance with paragraph 3 of Article 148 of this Code.
      7. The state inspectors on use and protections of lands shall perform the supervision over the factual remedy of breaches of land legislation of the Republic of Kazakhstan, as well as over the execution of directions and improvement notices by the owners of land plots and land users, made by civil servants, performing the state control over land use and land protection.
      8. The authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance shall annually present the list of the owners of land plots and land users, who were granted by land plots in this year, and cadastral map with specification of location of these land plots, as well as information on the happened changes in the list of the owners of land plots and land users, on a monthly basis to the relevant territorial bodies on land resources management of oblasts, cities of republican significance, the capital, for the performance of state control over land use and land protection.
      Footnote. Article 145 is in the wording of the Law of the Republic of Kazakhstan dated 31 January 2006, No. 125; as amended by the Laws of the Republic of Kazakhstan dated 09 January 2007, No. 213 (the order of enforcement see Article 2); dated 6 July 2007, No. 279; dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 146. Civil servants, carrying out the state control over land use and land protection

      1. The civil servants performing the state control over land use and land protection shall include:
      1) Chief state inspector on use and protection of the lands of the Republic of Kazakhstan;
      2) chief state inspectors on use and protection of lands of the relevant administrative territorial entities;
      3) the state inspectors on use and protection of lands.
      2. The management of the state control over land use and land protection shall be performed by the Chief state inspector on use and protection of lands of the Republic of Kazakhstan.
      The chief state inspector on use and protection of lands of the Republic of Kazakhstan is the leader of the central authorized body.
      The heads of territorial bodies on land resources management and their delegates are the chief state inspectors on use and protection of lands of the relevant administrative territorial entities.
      The chief state inspectors on use and protection of lands have the document forms with the State emblem of the Republic of Kazakhstan and with is its title.
      The chief state inspector and state inspector on use and protection of lands shall be given by the stamp and certificate, in the permitted manner.
      The other civil servants of the central authorized body and its territorial bodies, directly performing the state control over land use and land protection, are the state inspectors on use and protection of lands.
      3. The directions of the body, performing the state control on the issues of use and protection of lands, within its competence, are obligatory for all state bodies, owners of land plots and land users.
      Footnote. Article 146 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006, No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 147. Functions of a body, carrying out the state control over land use and land protection

      1. The body, performing the state control over land use and land protection, shall arrange and conduct the state control over:
      1) compliance with the land legislation of the Republic of Kazakhstan by the state bodies, enterprises, authorities, organizations and citizens, the established regime of use of the land plots in accordance with their designation;
      2) non-admission of the unauthorized occupation of land plots;
      3) observance of rights of the owners of land plots and land users;
      4) well timed and correct conducting of the package of organizational economic, agronomical, forest improvement, hydrotechnical and erosional-preventive arrangements for restoration and preservation of soil fertility by the owners of land plots and land users;
      5) well timed presentation of information on existence, condition and use of lands to the state bodies by the owners of lands plots and land users;
      6) designing, placement and construction of the residential and production facilities, that have an effect on the lands’ condition;
      7) well timed and qualitative performance of arrangements on land amelioration, prevention and liquidation of consequences of the soil erosion, salinification, bog formation, flooding, desertification, drying out, strong compacting, littering, pollution and other processes, that induce the land degradation;
      8) compliance with established terms of application (petition) processing on granting land plots to them, by the citizens;
      9) preservation of boundary marks;
      10) well timed return of the lands, granted for temporary land use by the local executive bodies;
      11) recultivation of disturbed lands;
      12) removal, preservation and use of the rich soil layer in the course of works’ performance, linked with the surface disturbance;
      13) performance of the land tenure projects and other projects on use and protection of lands;
      14) legalism of decisions of the local executive bodies in the field of land legislation of the Republic of Kazakhstan.
      2. The functions of the body performing the state control shall also include the other issues, provided by the legislation of the Republic of Kazakhstan.

      Article 148. Rights and obligations of civil servants of bodies, carrying out the state control over land use and land protection

      1. The civil servants, performing the state control over land use and land protection, are entitled to:
      1) send materials on breaches of land legislation of the Republic of Kazakhstan to the relevant bodies for decision on bringing of guilty persons to responsibility;
      2) execute the protocols (acts) on breaches of the land legislation of the Republic of Kazakhstan;
      3) issue decrees on administrative sanctions for breach of the land legislation of the Republic of Kazakhstan;
      4) prepare and bring a suit to the court on the issues of compensation in a result of breach of the land legislation of the Republic of Kazakhstan, on forcible withdrawal of the land plots, which are not used for its intended purpose, or used with a breach of legislation of the Republic of Kazakhstan, on cancellation of unlawful decisions, linked with granting, seizure, compulsory alienation of land plots, for the needs of state, as well as on execution of the issued improvement notices on remedy of detected breaches of the land legislation of the Republic of Kazakhstan by the civil servants of the bodies, performing the state control over land use and land protection, in the case of their non-execution for the period, mentioned in the improvement notice, or in case of improper performance by the persons, who are issued by these improvement notice, and on recovery of penalty from the individual, legal entities and civil servants.
      5) enter upon organizations, inspect the land plots which are in ownership or land use without restrictions, and the land plots occupied by the military defence and other special facilities – in recognition of established regime of their visit, upon presentation of service certificate;
      6) give the mandatory improvement notices to the owners of land plots and land users, on the issues of land protection, remedy of breaches of the land legislation of the Republic of Kazakhstan;
      7) to suspend the industrial, civil and other construction, mining activity, operation of facilities, conducting of agronomical, forest improvement, geological survey, prospecting, geodesic and other works, if they are performed with a breach of land legislation of the Republic of Kazakhstan, established use regime of the specially protected natural areas and may lead to destruction, pollution, infection and deterioration of the rich soil layer, erosion advancing, salinification, bog formation and other processes, that reduce the soil fertility, including the cross-border region, as well as if these works are performed upon the projects, that didn’t undergo an examination or received the negative conclusion;
      8) receive the statistical information on condition of the land fund from the state bodies;
      9) suspend the construction of residential and production facilities, in the absence of entitling and identity documents.
      2. The civil servants performing the state control over land use and land protection, shall be obliged to:
      1) take measures against the violator of the land legislation of the Republic of Kazakhstan in due time;
      2) prepare the materials of conductive inspections in good faith.
      3. The appeals against the actions (decisions) of the civil servants, performing the state control over land use and land protection, and against information served as the ground for commission of an action (decision), shall be submitted to the superior civil servant or to the court.
      4. Civil servants and individuals, preventing the performance of the state control over land use and land protection, posing threats of violence or violent acts in relation to the civil servants, performing the state control over land use and land protection, shall incur liability, in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 148 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 26.07.2007 No. 311; dated 19.03.2010 No. 258-IV; dated 20.07.2011 No 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 19. Land tenure, state land cadastre and monitoring of lands

      Article 149. Purpose and maintenance of land tenure

      1. The land tenure is a program on ensuring of compliance of the land legislation of the Republic of Kazakhstan, oriented to the regulation of land relations, organization of the rational use and protection of lands.
      2. The land tenure shall be performed on the lands of all categories, independently from the accessory on the form of property and forms of economy management on them.
      The intended use, use regime of lands and their protection, restrictions and encumbrance, boundaries of the land plots, facts on quality and quantity of lands and other facts, established in a result of performance of works on land tenure, considered and approved in the manner prescribed by the legislation of the Republic of Kazakhstan, are the subject to compulsory implementation for the subjects of land relations.
      3. The land tenure shall include and provide:
      1) development of republican, oblast and regional patterns (projects) of the land tenure, land zoning and use, improvement and protection programs of the land resources on the basis of landscape-ecological approach;
      2) drafting of the inter-farm land tenure on formation and regulation of existent land use, the allocation and establishment of the land plots’ boundaries afield;
      3) determination and establishment of the boundaries (line) of inhabited localities afield, drafting of their land and economic organization;
      4) establishment of the boundaries of administrative-territorial entities, specially protected natural areas and other land plots afield, with the special conditions of use and protection of the lands;
      5) development, approval, authorization and issuance of the projects on land and economic organization of the territory, reclamation of disturbed lands and development of new lands, as well as the other projects, linked with use and protection of the lands;
      6) taking inventory of lands, detection of unoccupied lands, irrational used lands or lands, which are not used in compliance with intended purpose;
      7) performance of topographic-geodesic, cartographic, soil, geobotanical and other finding and engineering works;
      8) composition of the thematic maps and atlases of condition and use of the land resources.
      Footnote. Article 149 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 150. Conduct of land tenure

      1. The land tenure shall be performed by the decision of the local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance or on the application of the interested owners of land plots and land users.
      The land tenure, conducted at the instigation of the interested owners of land plots and land users, shall be performed on the basis of their internal applications, filed to the relevant local executive body.
      2. The land measuring works shall be performed by the citizens and legal entities.
      3. The order and technology of performance of the land measuring works shall be performed by the regulatory legal acts, approved by the central authorized body, which are mandatory for all performers of the land measuring works.
      4. The land surveying documentation, agreed in the permitted manner shall be approved by:
      1) (is excluded by the Law of the Republic of Kazakhstan dated 10 January 2006 No. 116 (the order of enforcement see Article 2 No. 116);
      2) the owners of land plots and land users, other customers – the projects of inter-farm land tenure and projects, linked with the rational land use, preservation and increasing of soil fertility, developed and performed on their account, as may be agreed with the authorized body of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance at location of the land plot;
      3) the authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance within seven business days at location of the land plot – land surveying documentation, linked with formation, establishment of the boundaries of land plots afield, mapping of a land plot, as well as materials of topographic-geodesic and cartographic works, soil, agrochemical, geobotanical and other finding and engineering works on a land tenure, on composition of the special thematic maps on condition and use of the land resources;
      5. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      6. The execution of the land tenure project shall include: the transfer of the project afield; development of all elements of project, execution and issuance of the land surveying materials and documents.
      Footnote. Article 150 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 166 (the order of enforcement see Article 2 of the Law No. 116); dated 12.01.2007 No. 222 (shall be enforced upon expiry of 6 months from the date of its official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 151. Land tenure proceeding

      1. The land tenure proceeding shall include the following stages:
      initiation of proceedings of the land surveying activity;
      preparatory works;
      development of assessments, drafts, programs and projects of land tenure;
      consideration, agreement and approval of the land surveying documentation;
      execution of the land tenure project.
      2. The participants of a land tenure proceeding are the customer on conducting of the land tenure, the development contractor of the land surveying documentation, the third parties, the rights and legal interests of whom may be touched upon conducting of land tenure, as well as the state bodies and other persons, who agree and approve the land surveying documentation.
      3. The rights of the participants of land tenure proceeding are:
      1) on conducting of land tenure, the customer shall have the right to:
      participate personally or through the representative in all stages of land tenure proceeding;
      become familiar with materials of land surveying production;
      submit proposals under consideration;
      participate in resolution of disagreements, arising in the land tenure proceeding;
      2) the development contractor (individual or legal entity, performing design and engineering works, as well as execution of the land surveying project) shall have the right to:
      receive required information on land tenure in the state bodies;
      build relationships with customers on the on a contract basis;
      carry out a control over the progress of the land tenure project implementation, without special permissions, to inform the local executive bodies about its results and submit proposals on improvement of the practice of land use and land protection;
      submit proposals on improvement or revision of old drafts and projects of the land tenure;
      3) the third parties, the rights and legal interests of whom may be touched upon conducting of land tenure shall have the right to:
      Participate in the course of discussion about land tenure and receive information about the process and results of land tenure, that touched upon their interests;
      appeal the wrong acts, touched upon their interests in the course of land tenure, in accordance with the legislation of the Republic of Kazakhstan.
      4. The obligations of the participants of land tenure proceeding are:
      1) all participants of the land tenure proceeding shall be obliged to:
      comply with the land legislation of the Republic of Kazakhstan;
      comply with demands of the competent state bodies on the issues of use and protection of the lands;
      provide the observance of rights of the land plot’s owners and land users, in the course of land tenure proceeding;
      2) the executive bodies which agree and approve the design documentation, shall be obliged to consider it within month;
      3) the customer on conducting of the land tenure shall be obliged to:
      define the goal, objective, maintenance, special conditions and terms of conducting of the land tenure;
      provide the necessary documents and materials;
      arrange the financing of works;
      adopt the performed works or issue the motivated refusal within one month;
      4) the development contractor of the land tenure documentation shall be obliged to:
      perform all work in accordance with the standing instructions and instrumental guidance, as well as according to the contract;
      set the land plots, on which the finding, engineering and other works were performed with disturbance of the rich soil layer in their original condition;
      incur liability for credibility, quality and ecological safety of arrangements, provided by the land tenure documentation.
      Footnote. Article 151 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 152. State land cadastre

      1. The state land cadastre shall hold itself out as the system of information on natural and economic lands’ condition of the Republic of Kazakhstan, on location, intended purpose, sizes and boundaries of the land plots, their qualitative characteristic, on records of land use and cadastral value of the land plots, on other necessary information. The state land cadastre shall also include information on holders of rights to land plots.
      The component part of the land cadastre is the ameliorative cadastre of irrigated lands, holding itself out as the system of information on ameliorative condition of irrigated land plots, on evaluation of their qualitative characteristics on natural and irrigated-economic conditions, on records of their use.
      2. In the Republic of Kazakhstan, the organization of conducting of the land cadastre shall be performed by the central authorized body.
      3. The state land cadastre of the Republic of Kazakhstan (the land cadastre of the republic, oblasts, cities, districts, cities of oblast subordinance is a component part of the state system on cadastres of the Republic of Kazakhstan and shall be conducted under a single system in the whole territory of the Republic of Kazakhstan.
      The activity on conducting of the state land cadastre of the Republic of Kazakhstan belongs to the state monopoly and shall be performed by the republican state enterprises as economic management, created by the decision of the Government of the Republic of Kazakhstan.
      The prices on commodities (works, services) produced and (or) sold by the subject of state monopoly, shall be established by the Government of the Republic of Kazakhstan.
      4. Information of the state land cadastre is the state information resource.
      5. The creation of formation of the state land cadastre shall be provided by conducting of the topographic-geodesic, airspace, cartographical, land surveying works, soil, geobotanical surveys and researches, works on monitoring of lands, quantitative and qualitative land registration, composition of the land cadastral case on the concrete land plot, making of the land cadastral maps and identity document on the land plot.
      6. The data of state land cadastre is the ground for planning of use and protection of lands, for conducting of land tenure, assessment of activity and implementation of other measures, linked with use and protection of lands, as well as for formation of the single state registry of lands, conducting of legal and other cadastres, determination of amount of payment for land, cost considerations for the land plots as a part of immovable property and land value as a part of natural resources.
      7. The unit of registration and storage of data is the state land cadastre, allocated in the contour boundaries, under the subjects of land relations, in the permitted manner.
      8. The land plots, located in the territory of the Republic of Kazakhstan, independently from the form of property on the land, intended purpose and permitted land use regime of the land plots, shall be subject to the state cadastral registration.
      Footnote. Article 152 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication).

      Article 153. Maintenance of state land cadastre and activity, technological linked with its conducting

      1. The conducting of state land cadastre shall include the following types of activities:
      1) the formation of cadastral case of the land plot;
      2) the accounting of land’s quality, including their economic value and monitoring of lands, the soil, geobotanical, agrochemical surveying and appraisal of soil;
      3) the accounting of the amount of lands, owners of land plots and land users, as well as other subjects of the land relations for the purposes of state registration;
      4) the state cadastral value of lands, including the determination of cadastral (assessed) value of the land plots; the charting of boundaries of the appraised zones in inhabited localities with establishment of evaluating factors to the base costs for the land charge; the calculation of the base costs for the land plots; determination of the lost agricultural productions in the course of seizure of the arable areas for the purposes, which are not linked with farmer;
      5) the storage, processing and maintenance of data on the land plots and their subjects, as well as the other land cadastral information in hard copy and in electronic format;
      6) the conducting of automated information data system of the state land cadastre;
      7) the making and charting of the land cadastral maps, including digital maps;
      8) the running of the land cadastral book and single state registry of the lands;
      9) the preparation and issuance of identify documents on a land plot;
      10) assignment of the cadastral numbers for the land plots;
      11) making of the passports of the land plots.
      2. The activity, which technologically linked with conducting of state land cadastre shall include:
      1) establishment of the boundaries of administrative territorial entities, specially protected natural areas, lands of state forest and water fund, afield;
      2) drafting on formation of land tenures, reclamation projects of disturbed lands, establishment of the boundaries of land plots afield, on their granting from the lands, which are in the state ownership;
      3) development of projects of the inter-farm land tenure on the land plots, which are in the state ownership and granted in land use for the agricultural production.
      Footnote. Article 153 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013).

      Article 154. Inventory of land plots for the purposes of registration

      1. The inventory of land plots for the purposes of registration and immovable property, located on them, is the necessary condition which provides the state registration of the rights of ownership and other rights, as well as encumbrance on the immovable property.
      2. The performance of works on inventory of land plots for the purposes of registration shall be performed on account of the customers’ funds.

      Article 155. Cadastral division of the territory of the Republic of Kazakhstan

      1. The cadastral division of the territory of the Republic of Kazakhstan shall be performed for the purpose of assignment of the cadastral numbers for the land plots.
      The units of cadastral division of the Republic of Kazakhstan are the accounting quarters.
      2. The cadastral numbers shall be assigned for each of the land plots, for the purpose of determination of position, with the exception of cases, provided by the second part of paragraph 3 of this Article.
      3. The boundaries of accounting quarters, which in the following, are used in legal cadastre, shall be determined as may be agreed with the bodies of architecture and town-planning, state registration of rights to immovable property by the authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance at location of the land plot and shall be approved by the relevant local executive bodies.
      The preparation and issuance of one identity document with assignment of the cadastral number for the accounting quarter shall be performed on the land plots within the boundaries of accounting quarter, occupied by the forests outlier.
      4. The list of the codes, assigned for the oblasts, cities of republican significance, districts and cities of oblast (regional) status shall be established by the Government of the Republic of Kazakhstan, for the purposes of formation of the cadastral numbers for the land plots.
      Footnote. Article 155 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 25.03.2011 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 156. Land cadastral documentation

      1. At all levels, the land cadastral documentation shall include: the base, periodic update and annually composed land cadastral documentation.
      2. The base land cadastral documentation shall include:
      1) the land cadastral cases;
      2) the land cadastral book;
      3) the single state registry of lands;
      4) land cadastral maps.
      3. The structure, composition, content and forms of the land cadastral documentation, as well as order of its conducting shall be established by the central authorized body.
      Footnote. Article 156 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 157. Procedure for conduct of the state land cadastre

      1. The state land cadastre shall be conducted in hard copies and may be conducted using the electronic systems of gathering, processing and storage of information.
      2. The order of conducting of the state land cadastre shall be established by the legislation of the Republic of Kazakhstan.

      Article 158. Provision of information of state land cadastre and use of information of cadastre

      1. Information of the state land cadastre on particular land plot shall be provided in the form of abbreviate at location of registration of this land plot.
      2. The recording of information of the state land cadastre shall be performed in hard copies or on electronic media. In existence of contradictions in information, recorded in hard copies, and information recorded on electronic media, information recorded in hard copies has a priority, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      3. Information of the cadastre on land plots shall be correlated with land cadastral maps (plans).
      4. Is excluded by the Law of the Republic of Kazakhstan dated 10 January 2006 No 116 (the order of enforcement see Article 2 No. 116).
      5. The state bodies, state enterprises and civil servants, performing the state land cadastre shall be obliged to provide the truthfulness of information, included in the land cadastral documentation.
      6. Information of the land cadastre, which doesn’t include the state secrecy and other restrictions are accessible to public and shall be provided by the interested legal entities on a paid basis.
      The furnishing of information of the land cadastre to the state bodies shall be performed on a gratuitous basis on account of budget funds provided for these purposes.
      The period for furnishing of this information should not exceed three business days from the date of filing of application.
      Footnote. Article 158 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication).

      Article 159. Monitoring of lands

      1. Monitoring of lands holds itself out as the system of base (original), operating, intermittent sights on qualitative and quantitative condition of the land fund, taken for the purposes of well-timed detection of the happened changes, their assessment, prediction of the further development and making recommendations on caution and elimination of the consequences of negative processes.
      2. The monitoring of lands is a component part of the monitoring over condition of natural environment and the base for monitoring of the other natural environments.
      The Republic of Kazakhstan may participate in the works on global monitoring of lands, in accordance with the international scientific-technical programs.
      3. All lands of the Republic of Kazakhstan are the objects of monitoring of lands, independently from the forms of lands ownership, intended purpose and character of land use.

      Article 160. Objectives of monitoring of lands

      1. The objectives of monitoring of lands are:
      1) well-timed detection of changes of lands condition, their assessment, prediction and making recommendations on caution and elimination of the consequences of negative processes.
      2) information support on conducting of the state land cadastre, land tenure, control over use and protection of lands and other functions of the state land stewardship.
      2. The monitoring of lands has sub-systems, conforming to land categories. The republican, regional or local monitoring of lands shall be performed depending on the territorial coverage.
      3. The information sources for monitoring of lands are the results of systematic monitoring, surveys, investigations, inventories, the materials of the state control over use and protection of lands, archival data, other information on qualitative condition of lands.

      Article 161. Conduct of monitoring of lands

      1. The organization of monitoring of lands shall be performed by the central authorized body.
      2. The realization of interstate and international programs on monitoring of lands shall be performed in the manner and on the terms, determined by the agreements and contracts, concluded between the Republic of Kazakhstan and other states.
      3. The order of monitoring of lands and use of its data shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 161 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 162. Methods for acquisition and use of information on monitoring of lands

      1. The methods of remote sensing, ground-based surveys and observations, as well as file materials shall be applied for receiving of necessary information in the course of monitoring of lands.
      2. The technical provision of the monitoring of lands shall be performed by the automated information data system which has the stations of gathering, processing and storage of information in the relevant territorial bodies on management of the land resources.
      3. The received results of the monitoring of lands shall be collected in the data archives (funds) and banks of automated information data system.
      4. Citizens, enterprises and authorities, international organizations, foreign legal persons and individuals shall use the data of the monitoring of lands in the permitted manner.

      Article 163. Financing of arrangements on ensuring of carrying out of the land relations

      1. The land tenure, performed on establishment of the boundaries of oblasts, the capital and cities of republican significance, the conducting of land cadastre and monitoring of lands, drafting the passports of the agricultural land plots and other works, performed by decision of the Government of the Republic of Kazakhstan shall be performed on account of the budget funds.
      2. The land tenure, provided on establishment of the boundaries of districts, cities of oblast, district subordinance, rural districts, rural settlements, villages, land zoning, transfer of the arable areas from one type to another, land economic structure of inhabited localities and other works, performed by decision of the local executive bodies shall be performed on account of budget funds.
      3. By demands of the private owners of land plots and land users, the land tenure shall be performed on account of their funds.
      Footnote. Article 163 as amended by the Law of the Republic of Kazakhstan dated 10 January 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).

Section 5. Ensuring of execution of the land legislation and final provisions

Chapter 20. Protection of property rights and land use rights and compensation of losses

      Article 164. Protection of property rights and land use rights

      The property rights and land use rights shall be protected, in the manner prescribed by the Civil Code of the Republic of Kazakhstan and other legislative acts of the Republic of Kazakhstan.
      Footnote. The title of Article 164 as amended by the Law of the Republic of Kazakhstan dated 6 July 2007 No. 279.

      Article 164-1. Vindication of the land plot from the other unlawful possession

      1. The owner of land plot and land user shall have the right to vindicate his land plot from the other unlawful possession.
      2. The vindication of land plot from among the lands, which are in the state ownership, occupied without permission and not granted in land use, shall be performed by the local executive bodies at location of the land plot.
      Illegal owner shall be obliged to vacate the willfully occupied land plot, within thirty calendar days from the moment of taking corrective measures, provided by the legislation of the Republic of Kazakhstan on administrative infractions, and shall perform the demolition of building constructed (set) on this land, willfully or on his account, with the exception of cases, provided by the civil legislation of the Republic of Kazakhstan.
      The disputes linked with breach of duty on vacation of the willfully occupied land plot and demolition of building constructed (set) on this land by the illegal possessor shall be settled in a judicial proceeding.
      In case, if the unauthorized construction is transferred into communal ownership, the person who performed it shall be covered by expenses for construction, in amount, determined by the court.
      If it is impossible to establish the identity (information) of illegal possessor of the land plot, the authorized body of the city of republican significance, the capital, district, city of oblast subordinance shall direct the application for registration as ownerless immovable object to the body, performing the state registration of rights to immovable property, in the territory of which this land plot was exposed.
      The local executive body of the city of republican significance, the capital, district, city of oblast subordinance, in the territory of which the land plot was exposed shall go to the court with demand on recognition of ownerless immovable object as submitted in the state ownership, upon expiry of a year from the date of registration as ownerless immovable object.
      Footnote. Chapter 20 is supplemented by Article 164-1 by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 165. Grounds for compensation of losses, inflicted by owners or land users

      The losses inflicted by the owners or land users shall be subject to compensation to the full extent, in the cases:
      1) of compulsory alienation of the land plots for the state requirements, entailing the termination of property right or land use right;
      2) of restriction of property right or land use right in connection with establishment of the special land use regime;
      3) of rights’ violation of the owners or land users;
      4) of deterioration of the lands’ quality in a result of construction and operation of facilities, entailing the soil fertility devastation, deteriorating the water regime, generating the harmful substances for agricultural crops and plantings;
      5) of seizure of lands, provided by Article 91 of this Code.
      Footnote. Article 165 as amended by the Laws of the Republic of Kazakhstan dated 6 July 2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 166. Procedure for compensation of losses

      1. The losses shall be compensated to the owner or land user on account of their causer.
      The losses inflicted on the owner or land user shall be subject to compensation by the Republic of Kazakhstan or relevant administrative-territorial entity, in a result of issuance of the act of State power body, other state body which is not relevant to legislation, as well as by the actions (negative act) of civil servants of these bodies.
      2. Upon determining of the amount of compensation, it shall include:
      1) the cost of a land plot or land use right;
      2) the market cost of the immovable property located on the land plot, including the fruit trees and perennial plantings;
      3) the cost input, linked with development of a land plot, its operation, conducting of protective measures, increase of soil fertility, in recognition of their inflation;
      4) all losses inflicted on the owner or land user by the seizure of land plot, at the moment of termination of the property right or land use right, including the losses which they incur in connection with termination of their obligations prior to the third parties;
      5) loss of benefit.
      3. The determination of losses, inflicted on the owners or land users in the course of seizure of a land plot, as well as the amount of their compensation shall be established by agreements of the parties.
      4. Upon seizure or temporary occupation of land plots, in a result of which the work of irrigated, draining, environment-oriented, erosional-preventive and mudflow protection facilities and constructions (systems) is disturbed in part or in whole, the losses may be determined proceeding from the value of works for construction of new objects or reconstruction of existent objects and constructions (systems), including the value of design and survey works.
      5. Losses (expenses), caused by inconveniences emerged in the land use (formation of islands in the course of reservoir filling, disfunction of transport connecting links, separation of the territories by communications and others), may be determined by the lump-sum costs on design and survey works, construction of dams, roads, road approaches, other constructions, clearance of the reservoir’s bottom, as well as on acquisition of boats, powerboats, ferry crafts and other transportation vehicles.
      6. Upon determination of losses (expenses), required for restoration of deteriorated quality of lands, the expenses on conducting of soil, agrochemical and other special surveys and researches, as well as arrangements ensuring the restoration of the lands’ quality may be included.
      7. In case of disagreement of owner of a land plot or land user with decision, entailing the termination of property right or land use right, it may not be carried out before the resolution of the dispute in a judicial proceeding. Upon consideration of the dispute, all the questions on compensation of inflicted losses to the owner or land user shall be also decided.
      Footnote. Article 166 as amended by the Laws of the Republic of Kazakhstan dated 6 July 2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

      Article 167. Land disputes

      Disputes arising from land relations shall be considered in a judicial proceeding.

      Article 168. Liability for breach of land legislation of the Republic of Kazakhstan

      Breach of land legislation of the Republic of Kazakhstan shall entail liability in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 168 is in the wording of the Law of the Republic of Kazakhstan dated 6 July 2007 No. 279.

Chapter 21. Final provisions

      Footnote. The title of chapter 21 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 169. Procedure for application of this Code

      This Code shall be applied to land relations, arising after its enforcement.
      Regulatory legal acts, regulating land relations, adopted before enforcement of this Code shall be applied in a part that is not contradictory to this Code.

      Article 170. Transitional provisions

      Footnote. Article 170 is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      The President
      of the Republic of Kazakhstan