Unofficial translation
In accordance with sub-item 2-8) of item 1 of article 14 of the Land Code of the Republic of Kazakhstan dated June 20, 2003 and articles 710, 729 of the Code of the Republic of Kazakhstan "On administrative offences" dated July 5, 2014 I HEREBY ORDER:
1. To approve:
1) the prescriptions on elimination of violation of the requirements of the land legislation of the Republic of Kazakhstan in form according to annex 1 to this order;
2) a protocol on administrative offense in form according to annex 2 к to this order;
3) decision on the case of an administrative offence in form according to annex 3 to this order.
2. The Land Resources Management Committee under the Ministry of Agriculture of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan the direction hereof to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and placement in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan;
3) within ten calendar days after the state registration of this order, direction of a copy hereof for official publication to periodical printed media;
4) placing this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;
5) within ten working days after the state registration of this order, reporting to the Department of Legal Services of the Ministry of Agriculture of the Republic of Kazakhstan on performance of activities, stipulated by sub-items 2) 3)and 4) of this item.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.
4. This order shall be put into effect upon the expiry of ten calendar days after its first official publication.
|
Deputy Prime Minister of the Republic of Kazakhstan – |
|
|
Minister of Agriculture of the Republic of Kazakhstan |
U. Shukeyev |
| Annex 1 to the order № 437 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated October 26,2018 |
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| Form |
Order No.___ on elimination o violations of the requirements of the land legislation of the Republic of Kazakhstan
№____
Footnote. The form in the wording of the order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated 23.12.2020 No. 400 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
______________________ | "__"_______20 __ |
Venue of forming the act | Time _____ |
1. name of the control body ___________________________________
2. Date and the number of the act on the appointment of inspection/preventive control on the basis of which the inspection was carried out _______________________________
3. Surname, name, patronymic (if any) and the position of the person(s) who carried out the inspection/preventive control with a visit to the subject (object) of control in accordance with paragraph 4 of Article 14-1, Articles 14, 17, 18, 19, 144, 145, 146, 147 and 148 of the Land Code of the Republic of Kazakhstan dated June 20, 2003 (hereinafter referred to as the Land Code), Articles 137, 144 and 152-1 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 (hereinafter referred to as the Entrepreneur Code) __________________________
4. Name of the subject (object) of control being inspected (name of the legal entity or its branch and (or) representative office, surname, name, patronymic (if any) of the individual in respect of whom an inspection/preventive control is scheduled with a visit to the subject (object) of control), its location, individual identification number/business identification number,
area of territory___________________________________________________
5. Date, place and period of inspection/preventive control with a visit to the subject (object) of control
____________________________________________________________________
6. For violation of the land legislation (with consideration to Paragraph 3 of Article 152-1 of the Entrepreneur Code), in order to eliminate the detected violations, reasons and conditions contributing to them, being governed by Articles 94, 144, 145, 146, 147 and 148 of the Land Code, I hereby order to perform the following activities:
No. | List of objects |
List of violations identified (items of requirements and names of checklists for which violations were detected) | Risk assessment degree | Recommendations and instructions for eliminating the detected violations, deadlines for their elimination |
1. | ||||
2. |
7. Information on familiarization or refusal to familiarize with the order of a representative of the subject of control (the head of a legal entity or his authorized person, an individual), as well as persons present during the inspection and preventive control with a visit to the subject (object) of control, their signatures or refusal to sign
______________________________________________________
8. The order was submitted (surname, name, patronymic (if any) by the official of the authorized body that carried out the inspection/preventive control with a visit to the subject (object) of control, signature)
______________________________________________________
9. The order was received by (surname, name, patronymic (if any) of the head of the legal entity or his authorized person, individual), signature
_______________________________________________________.
| Annex 2 to the order№ 437 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated October 26,2018 |
|
| Form |
Protocol no.____ on administrative offences
This protocol has been executed in accordance with articles 710, 729, 802, 803 и 804 of the
Code of the Republic of Kazakhstan "On administrative offenses" dated July 5,2014
(hereinafter referred to as the Code).
The language of execution of the protocol on the administrative offence:
__________________________________________________________________________
(state (Kazakh), Russian or other languages)
venue of execution of the protocol: _____________________________________________
(region, district, city, township, village)
Date of execution of the protocol: "____" _______________ _______.
Position, surname, name, patronymic (if any) of the person executed the protocol:
__________________________________________________________________________
Information about the person, in respect of which the case has been initiated:
__________________________________________________________________________
(for individuals – surname, name, patronymic (if any), date of birth, place of residence, name and
details of the identity document, identification number, place of work, subscriber’s telephone number,
fax, cellular phone, and (or) e-mail (if any); for legal entities –
name, location, number and date of state registration (re-registration) of the legal entity, identification
number and bank details, subscriber’s telephone number, fax, cellular phone, and (or) e-mail (if any))
Venue, time of execution and the subject-matter of the administrative offence:
_________________________________________________________________________
_________________________________________________________________________
(information about detected violations of the land legislation of the Republic of Kazakhstan, their nature)
the violation specified above shall stipulate the administrative sanctions in accordance with
_______________________________________________________________ of the Code.
(article(item of article) stipulating the administrative sanctions for this offence)
surnames, names, patronymics (if any) of witnesses and victims, addresses of residence if
available:________________________________________________________________
__________________________________________________________________________
(surname, name, patronymic (if any), signature)
When executing the protocol, the subject of administrative sanctions has been explained the
Language of proceedings, rights, obligations, and responsibility in accordance with
articles 462, 654, 738, 744, 810, 811 of the Code:
__________________________________________________________________________
/________________________________/________________/______________________/
(surname, name, patronymic (if any) of the person (legal representative of an individual or
representative of a legal entity), in respect of which the case has been initiated, signature, date)
I have (no) comments and additions to the protocol: __________________________
__________________________________________________________________________
/________________________________/________________/______________________/
(surname, name, patronymic (if any) of the person (legal representative of an individual or
representative of a legal entity), in respect of which the case has been initiated, signature, date)
Explanation of the person, in respect of which the case has been initiated: ________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
/________________________________/_______________/________________________/
(surname, name, patronymic (if any) of the person (legal representative of an individual or representative
of a legal entity), in respect of which the case has been initiated, signature, date)
Record on rejection to accept the protocol on the case of administrative offence against signed receipt,
to sign it, on absence or failure to attend by the person, in respect of which the case of administrative
offence has been initiated: ____________________________________________________
__________________________________________________________________________
The protocol is signed by:
the person, executed the protocol _______________________________________________
The person (representative of the person), in respect of which the proceedings are conducted in the case of
administrative offense _______________________________________
Witnesses _____________________________________________________________
Victims, if any ________________________________________
Acknowledgement
I have received the copy of the protocol on "____"______________ ________
_____________________________________
(signature of the individual or the legal entity
(or its representative), in which respect the case has been initiated)
"____"____________ ______ _________________________________________
(signature of the affected individual or legal entity (or its representative))
| Annex 3 to the order № 437 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated October 26,2018 |
|
| Form |
Decision no.____ on the case of administrative offence
I, _______________________________________________________________
(position, surname, initials of the official who issued this decision)
"___" _____________ ________ _/_________________________________________
(date and the venue of proceedings)
In accordance with articles 710, 729, 821, 822 of the Code of the Republic of Kazakhstan
"On administrative offences" dated July 5,2014 (hereinafter referred to as the Code) have made this decision in respect of:
_________________________________________________________________________
(information about the person in which respect the case has been considered: for individuals – last
name, first name, patronymic (if any), date of birth, place of residence, name and details of an identity
document, identification number, information about registration at the place of residence, place of work;
for legal entities - name, organizational and legal form, location, number and date of state registration
as a legal entity, identification number and bank details)
Language of proceedings under the case in point:__________________________________
Article _______ of the Code stipulating the responsibility for administrative offence:
_______________________________________________________________________
FOUND THAT:
The circumstances, established during consideration of the case:______________________
__________________________________________________________________________
__________________________________________________________________________
(name of the norms of the Land Code of the Republic of Kazakhstan dated June 20, 2003, which have been violated)
HEREBY DECIDED:
1. To find the person__________________________________________________________
(information about the person in relation to whom the case was considered: for individuals - last name,
first name, middle name (if any), date of birth, place of residence, name and details of an identity
document, identification number, information about registration at the place of residence, place of
work ; for legal entities - name, legal form, location, number and date of state registration as a legal
entity, identification number and bank details, subscriber's phone number, fax, cellular and (or) email
address (if available)) guilty of committing the administrative offence and to subject
to administrative sanctions in kind of a warning or a fine in the amount of _______________
__________________________________________________________________________
(amount of the fine in writing)
In accordance with article 893 of the Code, I notify about the necessity to pay the abovementioned
fine no later than within thirty days from the date of the Decision comes into force to the following
bank details: _______________________________________________________________
__________________________________________________________________________
and to notify in written or electronic form.
In case of failure to pay the within the prescribed period, the provisions of articles 894, 895 of the Code.
Deadlines of voluntary payment of a fine or execution of another type of administrative penalty
shall be: ___________________________________________________________________
2. On termination of administrative proceedings:
In consideration of the established circumstances of the administrative proceedings against the
person ____________________________________________________________________
__________________________________________________________ shall be terminated.
(information about the person in relation to whom the case was considered: for individuals - last name,
first name, middle name (if any), date of birth, place of residence, name and details of an identity
document, identification number, information about registration at the place of residence, place of
work ; for legal entities - name, legal form, location, number and date of state registration as a legal entity,
identification number and bank details, subscriber's phone number, fax, cellular and (or) email address (if available)
Note: Considering the circumstances established during the consideration of the administrative case, in
accordance with article 821 of the Code, one of the decisions shall be chosen.
This decision may be appealed to a higher body (official), the prosecutor's office or the court within ten
days from the date of delivery of a copy of the decision,
in accordance with Articles 826-1, 826-2, 829-2 - 829-4 of the Code.
Official ______________________________________/______________
(surname, name, patronymic (if any), signature)
Place for seal (if any)
Acknowledgement
I have been announced the Decision on imposition of an administrative penalty and I have received a copy thereof.
/________________________________/________________/_______________________/
(surname, name, patronymic (if any), signature of the violator, date)