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Information on the events held in the direction of monitoring

the use and protection of land for the first half of 2017

In the period 2015-2016, two events (Road Map), "Road Map", "Interagency Cooperation on Rational Use of Agricultural Land" and "Lists of Selected Audited Subjects for the First and Second Half-Years of 2017" were approved by the akimat of Kyzylorda region.

For information: "Road map (Bagdarzhol) for the definition of arbitrarily occupied land plots, lands used for other purposes, as well as used with violation of land legislation", "Road map (Bagdarjol) to identify illegal quarries", "Road map for the seizure of land for Kyzylorda region unused or used in violation of land legislation.

According to the approved programs (Bajdarzhol) and the Roadmap, the responsibilities of each concerned body for identifying and providing information.

According to the approved measures, in the first half of 2017, the Management for Monitoring the Use and Protection of Lands in Kyzylorda region carried out a check for compliance with the land legislation in total 236, of which selective - 44, unscheduled - 71, other forms of control-121. (Legal entities - 42, individuals - 105, individual entrepreneurs - 89).

The inspection covered an area of ​​75,162.5 hectares, as a result of which 224 subjects were found 260 facts of the offense on an area of ​​17,291.54 hectares. To date, 205 of the detected offenses have been eliminated (78.8%).

According to the revealed 111 facts of the offense, an administrative penalty was applied in the form of a fine in the amount of KZT 17,329,487 thousand, 60 cases were punished with an administrative penalty in the form of a warning, 62 cases were not ignited by the administrative case, and instructions were given to eliminate the detected offense.

During the reporting period, the distribution of administrative measures applied in the form of a fine is as follows:

to individuals on 93 facts – KZT 8185,417 thousand, individual entrepreneurs for 6 facts – KZT 408.42 thousand, for legal entities of small business on 4 facts – KZT 2269 thousand, for legal entities of medium business on 5 facts – KZT 1701.75 thousand, legal entities of large business on 3 facts – KZT 4764.9 thousand.

On imposed administrative penalties in the form of a fine in the amount of KZT 15376,802 thousand, the subjects were voluntarily reimbursed into state income (88.7%).

A superfluous administrative penalty for 5 entities (7 facts) after the voluntary execution of the payment term of the fine in the amount of KZT 1,351.4 thousand was sent to the executive bodies for compulsory execution, and 2 subjects (2 facts) have the terms of voluntary performance a fine of KZT 601,285 thousand.

The administrative fine for the amount of KZT 170.175 thousand imposed by the resolution of January 4, 2017 for No. 4-B, was terminated in accordance with the resolution of the specialized administrative court of Kyzylorda city from 01.02.2017 for No. ЗZH-5/2017.

At the same time, for the detected offense, 5 entities were assessed damages in the amount of KZT 765.96 thousand, to date, 3 entities voluntarily paid the accrued damage to the state in the amount of KZT 433.56 thousand.

For the reporting period, not used for their intended purpose, as well as used with violation of the land legislation of the Republic of Kazakhstan, 6 land plots used by 6 subjects with violations, courts have been sent to the judicial authorities for compulsory seizure of land in favor of the state.

As a result, the judiciary has decided to satisfy 3 suits. To date, claims for the seizure of 3 plots of land are under consideration by the court.

At the same time, the Management carries out on an ongoing basis extra-routine monitoring of the fulfillment of the requirement previously issued by the order.

For the first half of 2017, based on the results of these inspections, namely regarding individuals and legal entities, failure to comply with the requirement of the issued order, pursuant to part 3 of Article 462 of the Code of Administrative Offenses of the Republic of Kazakhstan, protocols were drawn up to bring to administrative responsibility and sent to local courts for consideration.

As a result, the judiciary, on the basis of subparagraph 1) of part 1 of Article 821, as well as articles 822 and 823, persons were found guilty under part 3 of Article 462, and decisions were made to bring the following persons to administrative responsibility in the form of a fine.

Namely:

- "Kainar Sauda LTD" LLP – KZT 226900 (100 MCI);

- "Aral Gas" LLP – KZT 453800 (200 MCI);

- Head of the "Sadykov" farm Sadykov Kurakbay, KZT 34035 (15 MCI);

- Head of the Utegenov farm Utegenov Serik Elemesovich, KZT 11345 (5 MCI);

- Head of the collective farm "Sary" Balymbetov Bazarbay Turekovich, KZT 11345 (5 MCI);

- Head of the "Shapet" farm Kenzhebaeva Umitkul Musayevna, KZT 34035 (15 MCI);

- "Absolute KZ" LLP, KZT 680700 (300 MCI);

- IE Demesinov Yergesh Balabievich, KZT  226,600 (100 MCI);

- IE Turzhanov Nurabek Kalshabekovich –KZT 226900 (100 MCI);

- IE Mukhambetzhanov Kairat Mukhambetaliuli – KZT 226900 (100 MCI);

- IE Nurymbetova Daniyar Serikovich – KZT 226900 (100 MCI);

- Head of the "Duman" farm Sarsenov Gabit Baidullaevich, KZT 34035 (15 MCI);

-The branch by Espanova Akkerbez Kurmanalikyzy – KZT 11345 (5 MCI);

-The branch by Azbergenova Botagoz Mukhtarkyzy – KZT 11345 (5 MCI).

And also, according to Article 164-1 of the Land Code of the RK, the Management sent letters to local executive bodies at the location of land plots of 142 persons, about giving claims to the judicial authorities for reclaiming arbitrarily occupied land plots into state ownership.


Explanatory on the results of the audit carried out for the 1-quarter of 2017

by the Management for Control over the Use and Protection of Lands of Kyzylorda region

The Management for Control over the Use and Protection of Lands of Kyzylorda region carried out a check for compliance with the land legislation standards in just one quarter of 2017, totaling 80. Of the inspections conducted, planned - 5, unscheduled - 32, other forms of control-43. (of which: state institutions - 5, legal entities - 11, individuals - 46, individual entrepreneurs - 18).
The inspection covered an area of 10778.4101 hectares, as a result of 59 subjects, 60 facts of the offense were found on the area of 7379.504 hectares. According to the revealed 42 facts of the offense, an administrative penalty was imposed in the form of a fine in the amount of KZT 3,828,938 thousand, 18 cases were subject to an administrative penalty in the form of a warning, 8 entities were not registered in the administrative and production business, and instructions were given to eliminate the offense.
If we consider the distribution of imposed fines for the reporting period, an administrative penalty was imposed in the form of a fine to individuals for 42 facts - KZT 3828.938 thousand, in which for all of the detected violations of which administrative fines (KZT 40,829.7 thousand) in the state income (87%). As well as fines imposed on 2 entities upon the expiry of the payment term at their own will (KZT 330.35 thousand), were sent to the executive bodies for the purpose of compulsory use, for the remaining 1 subjects of imposed penalties in the amount of KZT 170.175 thousand, the strength of Resolution No. 4- In from 09/01/2017, the company was reduced from production in accordance with the resolution No. ЗЖ-5/2017 of 01.02.2017 of the specialized administrative court of Kyzylorda city.
As a result of unplanned inspections and other forms of control, unused and used infringing legislation of the Republic of Kazakhstan, 21 subjects were given 21 prescriptions (8 of which were not registered with administrative and operational matters) on the elimination of the detected offense.
During the reporting period, agricultural land not used for its intended purpose and also the infringing legislation of the Republic of Kazakhstan for 1 fact submitted suits to the judicial authorities for compulsory confiscation, which is currently being considered by the court. In addition, 1 subject (LLP "A-Ser and K") submitted land for commercial activities that were not used by the land for its intended purpose and also used the violating legislation of the Republic of Kazakhstan submitted to the court in which the claim was satisfied, but the subjects were given an appeal. On 2 subjects (an area of 0.5 hectares) for the return of land, claims are considered by the court.
According to the revealed facts of unauthorized occupation of land plots, that is, state-owned and not provided for land use, the Management sent proposals to local executive bodies for reclaiming these arbitrarily occupied land plots according to Article 164-1 of the Land Code of the Republic of Kazakhstan.
Date created: 10-02-2016 14:31
Updated date: 22-07-2019 10:00
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