Approved

by resolution No.4/1008 of the akimat of city of Almaty

on 4 December 2012

Regulation

on municipal public institution

“Land Relations Department of city of Almaty”

 

1. General provisions 

1. “Land Relations Department of city of Almaty” municipal public institution is a government agency of Republic of Kazakhstan and carries out management in the field of land relations within the limits of Almaty city.

2. “Land Relations Department of city of Almaty” municipal public institution operates in accordance with the Constitution and Laws of Republic of Kazakhstan, Presidential and Government instruments, regulatory legal acts and this Regulation.

3. “Land Relations Department of city of Almaty” municipal public institution is a juridical entity in the legal organizational form of public institution holding seals and stamps with its description in a state language, standard forms and accounts in treasury bodies according to the law of Republic of Kazakhstan.

4. “Land Relations Department of city of Almaty” municipal public institution creates civil law relations on its own behalf.

5. “Land Relations Department of city of Almaty” municipal public institution shall have the right to create civil law regulations on behalf of the government in case it is authorized to act like this in accordance with the Law.

6. “Land Relations Department of city of Almaty” municipal public institution as prescribed by law in regard of its conusance makes decisions, that are made legal by orders of chief executive officer of “Land Relations Department of city of Almaty” municipal public institution and other regulations under the Law of Republic of Kazakhstan.

7. Structure and limits of staff numbers of “Land Relations Department of city of Almaty” municipal public institution shall be approved in accordance with the applicable Law.

8. “Land Relations Department of city of Almaty” municipal public institution is located at: 050026, 155 Tole bi street Almaly district, Almaty city, Republic of Kazakhstan.

9. Full name of government agency – “Land Relations Department of city of Almaty” municipal public institution

10. This regulation is a foundation document of “Land Relations Department of city of Almaty” municipal public institution.

11. “Land Relations Department of city of Almaty” municipal public institution is financed by local budget.

12. “Land Relations Department of city of Almaty” municipal public institution is restricted to make contracts with business entities for the purpose of performing duties that belong to “Land Relations Department of city of Almaty” municipal public institution.

In case if by legislative enactments to “Land Relations Department of city of Almaty” municipal public institution  given the right to conduct income-bearing activity all revenues are forwarded to local budget income.

2. Mission, primary objectives, functions, rights and responsibilities

of government agency 

13. In accordance with Land Code of Republic of Kazakhstan the mission of “Land Relations Department of city of Almaty” municipal public institution is to create conditions for efficient use of land, management of land resources and land regulation that assist in social and economic development of Almaty city and consolidation of legality in the field of land relations.

14. In accordance with Land Code of Republic of Kazakhstan the primary objectives of “Land Relations Department of city of Almaty” municipal public institution are:

1) adopting a single state policy in the field of management of land resources and land regulation;

2) provision of effective and rational use of land resources within the limits of Almaty city;

3) development of strategic and operational plans of “Land Relations Department of city of Almaty” municipal public institution, implementation of measures in recognition of implementation of Strategy of gender equality in Republic of Kazakhstan;

15. Functions of “Land Relations Department of city of Almaty” municipal public institution are determined in accordance with Land Code of Republic of Kazakhstan, Laws of Republic of Kazakhstan on Local State Administration and Self-management in Republic of Kazakhstan and State-owned Property and regulations of government of Republic of Kazakhstan:

1) to formulate proposals for issuance of permits by akimat of Almaty city for utilization of parcels of a land in the purposes of surveying;

2) to formulate proposals for conversion of agriculturally used areas from one type to another;

3) to formulate proposals for reservation of land;

4) to prepare balance sheet of land of Almaty city;

5) to formulate proposals and draft regulations of akimat of Almaty city for provision of land parcels and alteration of their designated use;

6) to implement state policy in the filed of land regulation;

7) to issue passports of land parcels with agricultural purpose;

8) to sign buy and sell agreements, land lease agreements, agreements on voluntary temporary utilization of land and control over execution of conditions of existing agreements;

9) to discover unowned land parcels and organize their registration;

10) to formulate proposals for compulsory acquisition of land parcels for state needs;

11) to define partibility and impartibility of land parcels;

12) to approve cadastral (estimated) value of specific land parcels that are sold to private property by the government;

13) to organize land utilization and approve land utilization designs for shaping of land parcels;

14) to organize development of land zoning designs, designs and schemes for rational use of land of Almaty city;

15) to organize land trading (tenders, auctions);

16) to carry out expert examination of designs and schemes concerning utilization and protection of land;

17) to keep a record of land owners and land users as well as other subjects of land legal relations;

18) to discover unused land or land used with violation of Law of Republic of Kazakhstan, which includes use for purposes other than intended and to present information regarding these violations to local offices of land regulation of Almaty city;

19) to provide local office of land regulation of Almaty city with a list of land owners and land users who possess or use land parcels on the ground of resolutions of akimat of Almaty city and land cadastral plans on an annual basis, as well as with information concerning changes in the list of land owners and land users on a monthly basis;

20) to prepare claims to courts of justice for compensation of losses of agricultural productivity caused by degeneration of land quality resulted from impact of activity of organizations and citizens;

21) to prepare claims to courts of justice for cancellation of agreements of secondary land utilization (sub-demise) and termination of rights of land users (landlords);

22) to develop designs of economical arrangement of land of residential areas that are administratively administered to Almaty city for approval of respective representative body and to provide their enforcement;

23) to make proposals on initiation and termination of public servitudes;

24) to draw up annual calculations of amounts paid for utilization of land parcels;

25) to cooperate with central competent authority of land management and its local offices of land regulation;

26) to cooperate with authorities of registration of rights for immovable property;

27) to cooperate with organizations that perform land development and other surveying works in accordance with the established procedure;

28) to implement the Strategy of gender equality;

29) to assess activity efficiency of employees of “Land Relations Department of city of Almaty” municipal public institution and its structural subdivisions;

30) to provide taxing authorities with a list of owners and users of land parcels in accordance with certified forms of reporting;

16. Rights and responsibilities of “Land Relations Department of city of Almaty” municipal public institution are determined in accordance with Land Code of Republic of Kazakhstan and regulations of Government of Republic of Kazakhstan;

1) to request and receive required information concerning land relations from government agencies, officials and citizens;.

2) to introduce to akimat of Almaty city proposals of termination of proprietary rights for land parcels and land use rights on the grounds as provided for by legislative acts;

3)  to exercise other rights in accordance with the Law of Republic of Kazakhstan.

 3. Arrangement of activity of government agency

  1. Management of “Land Relations Department of city of Almaty” municipal public institution is carried out by chief executive officer who is personally responsible for fulfilment of tasks imposed on “Land Relations Department of city of Almaty” municipal public institution and exercise of its functions.
  2. Chief executive officer of “Land Relations Department of city of Almaty” municipal public institution is appointed to and removed from office by akim of Almaty city.
  3. There are deputies of chief executive officer of “Land Relations Department of city of Almaty” municipal public institution who are appointed to and removed from office in accordance with the law.
  4. Powers and authority of chief executive officer of “Land Relations Department of city of Almaty” municipal public institution are:
  • to sign orders of “Land Relations Department of city of Almaty” municipal public institution;
  • to approve structure of “Land Relations Department of city of Almaty” municipal public institution;
  • to introduce to akim of Almaty city staff schedule of “Land Relations Department of city of Almaty” municipal public institution;

4) to define obligations and powers of his deputies and heads of structural subdivisions of “Land Relations Department of city of Almaty” municipal public institution;

5) to appoint to and remove from office employees of “Land Relations Department of city of Almaty” municipal public institution in accordance with the law;

6) to reward and impose disciplinary sanctions on employees of “Land Relations Department of city of Almaty” municipal public institution as prescribed by law;

7) to represent “Land Relations Department of city of Almaty” municipal public institution in government agencies and other organizations in accordance with applicable laws;

8) to take measures aimed at actions against corruption offences in “Land Relations Department of city of Almaty” municipal public institution and to be personally responsible for taking anti-corruption measures;

9)  to exercise other powers and authorities in accordance with the Law of Republic of Kazakhstan.

The exercise of authorities of chief executive officer of “Land Relations Department of city of Almaty” municipal public institution in the period of his absence is done by person substituting him in accordance with applicable law;

21. Chief executive officer defines powers and authorities of his deputies in accordance with apllicable law.

4. Property of government agency 

22. “Land Relations Department of city of Almaty” municipal public institution can have the right of operative administration of segregated property in cases as provided for in the legislation.

Property of “Land Relations Department of city of Almaty” municipal public institution is formed by means of property (including financial income) acquired as a result of inherent activity as well as transferred by its owner or  by other sources not prohibited by law of Republic of Kazakhstan.

23. Settled property of “Land Relations Department of city of Almaty” municipal public institution is regarded as communal property.

24. “Land Relations Department of city of Almaty” municipal public institution does not have the right to alienate or in any other way administer the settled property or property acquired by means of funds received in accordance with financing plan unless otherwise provided by the law.

5. Reorganization and elimination of government agency

25. Reorganization and elimination of “Land Relations Department of city of Almaty” municipal public institution is performed in accordance with the Law of Republic of Kazakhstan.