LAND ISSUE WITH REGARD TO THE LAW: CAPITAL BUSINESS TOLD OF SHORTCOMINGS IN THE PROCEDURE OF REGISTRATION
"Atameken" initiated an open dialogue for business on land legislation
From the beginning of the year the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken" initiated working trips to the regions to explain the new amendments to the land legislation.
Meetings with entrepreneurs were held jointly with representatives of the Ministry of Agriculture of the Republic of Kazakhstan and up to date the meetings were held in 4 regions: East Kazakhstan, Zhambyl, Karagandy and Kyzylorda regions.
Astana is the capital, thus the issues of granting rights to land plots here take a key place and "Atameken" did not just listen to the appeals of metropolitan entrepreneurs, but also gave explanations on the spot.
"According to the Prosecutor General's Office, more than 3,000 owners can forfeit their lands. And a great many have already started to reclaim them, they incurred the costs of issuing permits. This situation arose because akimats provided land without auction procedure, as it is required by law. The entrepreneur is not to blame if handing over the documents to the PSC for the provision of public services, it is rendered without regard for the letter of the law," - Yeldos Ramazanov, Member of the Management Board, Deputy Chairman of the Board of NCE RK "Atameken" said.
The business was interested in the amendments to optimize the activities of the land commissions. The Ministry of Agriculture represented by the Vice Minister of Agriculture Yerlan Nysanbayev replied that now the composition of the land commissions has been expanded and at least 50% of the total number of commission members should be representatives of the public.
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"We have developed a Model Provision on the Land Commission, which will be adopted by the order of the Minister in the near future. The innovation is that now the meetings of the land commissions will be fixed by means of audio and video recording," - Yerlan Nysanbayev explained.
The activity of entrepreneurs was noted, everyone was given the opportunity to speak and get explanations.
For example, a problem was raised when an entrepreneur can not pay the cadastral value of a land plot in the case if its intended purpose is changed, and therefore they asked to consider a proposal on installment of this payment. Representatives of the ministry agreed with the reasons of the business. By the way, Atameken has been raising this issue for the third time and there are positive practices of installment payments in Kyzylorda and Karaganda. If to talk about cost, for example, to change the status of agricultural land (attached to the city) in Astana, entrepreneurs need to pay more than 600 billion tenge.
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The problem of the absence of the content of the concept "Development of a land plot provided for construction" in the Land Code of the RK was also raised.
"It is impossible to build without networks, and according to the akimat they will be installed only in 2021, while the land plot is subject to seizure for non-use of the land plot within 3 years. It seems like a vicious circle, tell me what to do?"- one of the entrepreneurs asked.
The reason is not only the imperfection of the law, but also the law enforcement practice: when each region interprets the norm "in its own way" and ultimately the entrepreneur suffers.
The issue of approving plans for detailed planning without taking into account the rights of existing owners was not left behind. So, one of the businessmen voiced out that a road is planned to be built through his land plot, which is in private ownership. This problem is systemic in all regions. Often, urban planning, the development of the region does not take into account the rights of existing owners. Then, these lands are subject to compulsory seizure.
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Atameken believes that it is necessary to create a scheme for compensation or provision of alternative land options that will also be of interest to business.
"System problems that require legislative amendments are being adressed by the central apparatus of Atameken, and at local ones, in places where it is necessary to work out the issue with the akimat - here the regional chambers of entrepreneurs play their part. In particular, contact details for the city of Astana are always in open access" - Yeldos Ramazanov noted.
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Atameken has a single contact service number 1432, tool-free in Kazakhstan, and the website www.atameken.kz also contains contacts and addresses of regional chambers.
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