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The law on the peasant or farm

Source: EC section, 05/23/2013 15:02:47

 

Law of the Republic of Kazakhstan dated March 31, 1998 № 214-I 
About the peasant or farm

 

 

This Law determines the legal, organizational and economic basis for the creation and operation of a farm or farms in the Republic of Kazakhstan.

Chapter I. GENERAL PROVISIONS

Article 1. The peasant or farm

1. The farm or farm labor is recognized association of persons in which the exercise of individual business is inextricably linked to the use of agricultural land for agricultural production, as well as the processing and marketing of these products.

The subjects of the peasant or farm are citizens of the Republic of Kazakhstan and (or) repatriates engaged in entrepreneurial activities without forming a legal entity.

The provisions of this Act on the citizens of the Republic of Kazakhstan shall apply to repatriates, unless otherwise provided by the laws of the Republic of Kazakhstan.

2. The members of the peasant or farm are spouses, close relatives (parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandparents, grandchildren) and other persons together a common household.

3. The peasant or farm may take the form of:

peasant economy in which business activity is carried out in the form of family business, founded on the basis of joint ownership;

farming, based on the implementation of the private entrepreneurship;

Farm, organized in the form of a general partnership based on common ownership of the basis of joint activity agreement.

4. The head of the peasant or farming can be a capable citizen of the Republic of Kazakhstan who has reached 18 years.

Article 1-1. The rights and duties of the head and members of the peasant or farm

1. The head of the peasant or farm may:

1) to represent the interests of the peasant or farm in relations with natural and legal persons;

2) to carry out civil transactions not prohibited by the laws of the Republic of Kazakhstan;

3) authorize any of the members of the economy perform their functions in the event of prolonged absence;

4) determine the main directions of activity of the peasant or farm;

5) approve the internal rules of procedure for their adoption and other documents regulating the internal activities of the farm or farms;

6) submit for review by the general meeting of members of a peasant farm or question about the participation of the peasant or farm in the establishment and activities of legal entities;

7) exercise other rights provided by this Law and other laws of the Republic of Kazakhstan.

2. The head of the peasant or farm shall:

1) organize the accounting and reporting of the peasant or farm;

2) to perform within the competence of the general meeting decisions or members of a peasant farm not contradicting the legislation of the Republic of Kazakhstan;

3) create working conditions for members of the peasant or farm;

4) when making employees sign employment contracts, issue acts of the employer in accordance with the labor laws of the Republic of Kazakhstan;

5) perform other duties provided by this Law and other laws of the Republic of Kazakhstan.

3. The members of the peasant or farm may:

1) voluntarily leave the established general meeting of members of a peasant farm or right from the farm or farms;

2) to receive information on the activities of a farm or a farm, including those familiar with the accounting data, reports and other documentation of the peasant or farm;

3) apply to the general meeting of members of the peasant or farm, and (or) in state agencies with complaints about illegal actions of the head and other members;

4) to appeal a court decision, and the head of the general meeting of members of the peasant or farm in case of violation of their rights and legitimate interests;

5) exercise other rights provided by this Law and other laws of the Republic of Kazakhstan.

4. The members of the peasant or farm must:

1) implement the decisions of the general meeting of members of the peasant or farm;

2) comply with the requirements of internal documents of the farm or farms;

3) in the case of change of the head of the peasant or farm general statement to inform the authority which registered farms;

4) perform other duties provided by this Law and other laws of the Republic of Kazakhstan.

 

Article 2. Establishment of the peasant or farm

1. The peasant or farm is created on a voluntary basis and is considered created from the moment of state registration of rights to land, and in the cases established by the laws of the Republic of Kazakhstan, after the registration as an individual entrepreneur.

2. At registration of the peasant or farm-based joint ventures, state registration certificate issued for the head of the peasant or farm. By the testimony is a list of members of the peasant or farm certified by the head of the relevant territorial unit of the tax authority.

Article 3. The peasant or farm as a form of management

1. The peasant or farm is an equal unit of production agriculture in the Republic of Kazakhstan.

2. The peasant or farm independently determines the direction of its activities, the structure and volume of production, grows, processes, and sells its products, as well as resolve other issues related to farming.

Article 4. Ownership of the peasant or farm

1. Property of a peasant farm belongs to its members on the right of joint ownership, if the agreement between them provides otherwise.

The property is a farm, organized in the form of a simple partnership on the basis of joint activity agreement, it belongs to its members on the right of common ownership .

The property is a farm-based personal business, belongs to it by right of private property.

2. The property of members of the peasant or farm may be land, crops on the land, including the planting of private forest resources, wild animals, bred and maintained in captivity and (or) semi-free conditions, economic and other construction, land reclamation and other structures, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, inventory and other assets transferred to the members of the peasant or farm, and (or) purchased for the farm to the general funds of its members.

3. The fruits, products and income received as a result of the peasant or farm are common joint property or common equity, or members of a peasant farm and used by agreement between them.

4. Property relations or members of a peasant farm are regulated by the relevant rules of civil and landlegislation of the Republic of Kazakhstan.

Article 5. Inheritance of property and the right to land, or members of a peasant farm

The property and the right to land of the peasant or farm inherited in the manner prescribed by the laws of the Republic of Kazakhstan.

Chapter II. RIGHT TO LAND OF PEASANT

OR farms

Article 6. Allocation of land plots for conducting a country or farm

1. For conducting a country or farm land granted to citizens of the Republic of Kazakhstan on the right of private property or on the right of temporary paid land-use (lease) for a period of 10 to 49 years, and for the conduct of transhumance (seasonal pastures) on the right of temporary gratuitous land under with this Act and the Land Code of the Republic of Kazakhstan.

Granting of the right of private ownership of land for agricultural purposes for conducting a country or farm is carried out on a fee basis. At the same time the citizens of the Republic of Kazakhstan can acquire the right to private ownership of the land at the price of his inventory (estimated) value or at a reduced price, as determined in accordance with the land legislation of the Republic of Kazakhstan.

Payment of the redemption amounts of land may be made in installments of up to ten years at the written request of the person acquiring the right of private ownership of the land in accordance with the legislation of the Republic of Kazakhstan.

Allocation of land plots for farm or farm repatriates carried out on the right of temporary land use.

2. The right of priority of receipt land for conducting a country or farm enjoyed by citizens, who will run the economy based on personal labor participation, with special agricultural knowledge and skills with practical experience in agriculture and living in this district, city, village ( village) village.

Pre-emptive right to buy land or peasant farm carrying out activities for at least five years to stop their activities, granted to citizens of the Republic of Kazakhstan, has acquired property of a farm or a farm and has a special agricultural knowledge and skills.

3. Citizens of emerging from the reorganized state agricultural organizations for the conduct of the peasant or farm available land from the lands of these organizations, the cadastral evaluation of which should be at the level of the average for the economy (on land).

4. Citizens, has transferred its rights to land, including the right of conditional land shares, as a contribution to the charter capital of a partnership or as a contribution to production cooperatives, with the output from the participants (members) for the organization of the peasant or farmer farms are eligible for releasing (section) in-kind share or unit, including land, either at their request for the payment of the cost of a share or unit.

Recovered (section) of a share or a share in kind is carried out at the request of a participant in a business partnership or a member of the production cooperative.

The land transferred to the authorized capital of a party to a business partnership or a member of the production cooperative only in use shall be returned in kind without remuneration, except in cases stipulated by the laws of the Republic of Kazakhstan or the parties’ agreement.

The application for withdrawal from the participants (members) and allocated plots of land fed by agricultural organizations.

Location emitted in kind of land in respect of a share or unit for the organization of the peasant or farm is determined in the manner provided by the constituent documents of economic partnerships, cooperatives or by agreement of the parties.

In the absence of the order selected (section) of land in the founding documents of the provisions of paragraph 5 of this article.

5. Citizens of the member shared ownership (equity land), and emerging from the membership to conduct the peasant or farm, land granted in accordance with the order of use of land, located in the shared ownership (equity land), approved by the general meeting of share ownership (equity land).Notice the participants shared ownership (equity land) on the upcoming meeting to approve the order of use of land made in writing against a receipt not later than one month prior to the meeting. Provided proper notification meeting is considered competent if not less than fifty percent of the participants shared ownership (equity land), or their representatives. The decision adopted by a simple majority of those present at the meeting the participants shared ownership (equity land), or their representatives, and registered in the minutes. The protocol signed by all the participants shared ownership (equity land), or their representatives.

In the absence of the order to use the land concerned party shared ownership (equity land) is obliged to inform in writing the other participants shared ownership (equity land) its intention to allocate a plot of land in respect of the land share (land shares), indicating its intended location. The question of location of land can be resolved through conciliation or through a decision of the general meeting of joint ownership (public land) or their representatives. The meeting must be held within one month of the notification and shall be considered valid if not less than fifty percent of participants in common ownership (public land) or their representatives. The decision adopted by a simple majority of those present at the meeting the participants shared ownership (equity land), or their representatives, and registered in the minutes. The protocol signed by all the participants shared ownership (equity land), or their representatives.

If within one month from the date of adequate notice is not received objections from the participants shared ownership (equity land), a proposal for the location of the land is considered to be agreed.

6. Statement by the citizen and the attached materials agreed on the location of allocated land are sent to the local executive body for the registration of his rights to the land.

7. For the citizens who have received land plots for farm or farm and have a house in the village (village), preserved homestead on land ownership, which is not included in the land of the peasant or farm.

8. Citizens who are not employees of agricultural organizations, land plots for farm or farm land provided from the special land fund and land reserve.

Article 7. The rules of the land for conducting a country or farm

2. Limit (maximum) size of agricultural land, which may be on the right of private property of the citizens of the Republic of Kazakhstan for conducting a country or farm within the same administrative district (city), established by the Government of the Republic of Kazakhstan on the basis of joint proposals of regional (city of republican significance, the capital) representative and executive bodies.

Article 8. The procedure of land plot for conducting a country or farm

1. Citizens who are interested in giving them property rights and (or) land use on land plots for farm or farm land from the special land fund and land reserve, submit an application to the Public Service Centers of the respective administrative-territorial unit, in case of absence the local executive body of the district, the city of regional importance on the location of the land.

2. The application must include:

1) the purpose of land use;

2) its estimated size;

3) location;

4) claimed the right to use;

5) the presence (absence) of the other land;

6) the composition of the peasant or farm.

Application for the right to land signed by the head and members of the peasant or farm.

Attached to the application:

1) a brief program of agricultural production;

2) copies of documents certifying the identity of the citizen filing the application;

3) documents on relevant education or special training (if any);

4) documents confirming professional activities (if any).

Requesting additional documents is not allowed.

3. Citizens who receive land for conducting a country or farm land from the agricultural organizations and land held in common ownership or common land (paragraphs 3, 4 and 5 of Article 6 of this Act), with the statement than those specified in paragraph 2 of this Article additionally making concerted materials on the location of allocated land.

Applications of citizens to allot land for conducting a country or farm, served in agricultural organization or participants in common ownership (public land), they must be considered within a month. In this isolated land in the nature made before or after the agricultural field work. In other cases the land allocated in kind is made with the consent of the agricultural organization or participants in common ownership (public land).

4. The documents of title to land is issued to members of the peasant or farm with indication of all owners (land-users), in accordance with the land legislation of the Republic of Kazakhstan.

5. The right to land from the peasant or farm arises from the moment of state registration of rights to immovable property.

 

Article 9. Land of the peasant or farm

1. Land plots for farm or farm stand united array, except in cases when individual types of land and farmland on soil quality is not comparable in terms of value (in the area of ​​irrigated agriculture, with limited sources of fodder with a pronounced seasonal pastures).

2. Land provided or peasant farming industry is on the right of joint or common share ownership (sharing a common share or common land).

3. The peasant or farm having the right of private ownership of land, the right of possession, use and dispose of them at its discretion without obtaining any regulatory approvals.

The peasant or farm having the right of temporary land use, exercise these rights in accordance with the agreement on the temporary land use.

The peasant or farm the right to make no change in the target destination with regard to being on the right of private ownership of land, any transaction that is not prohibited by the legislation of the Republic of Kazakhstan, including acquired for the full value of the land – the date of its state registration and purchased at a discounted price – after the expiry of restrictions on transactions with land, which is two years for every ten percent reduction in inventory (estimated) value of the land.

The right of temporary paid land-use (lease) a land plot for conducting a country or farm without compensation, that right can be pledged as a contribution to the charter capital of a business partnership, the payment in shares of the Company or as a contribution to a production cooperative.

4. The right of private ownership of land and long-term temporary land use part of the property of the peasant or farm, which is responsible for its obligations.

5. On the land plots allocated for conducting a country or farm, is not allowed the construction of facilities not related to agriculture, including residential buildings (including an individual). At the same time the construction of livestock farms, temporary buildings and domestic buildings for seasonal work and transhumance on agricultural lands can not be used valuable agricultural land, which include all types of irrigated agricultural land, arable land, fallow land and land occupied with perennial plants.

Not allowed section of agricultural land owned by or land use, on a plot which is below the minimum amount set in accordance with the land legislation of the Republic of Kazakhstan.

 

Article 10. Rights of the peasant or farm land use

1. A peasant or a farm is entitled:

1) self-manage the land, using it for the production of agricultural products;

2) ownership of the crops and plantings of agricultural and other crops and plants on agricultural output resulting from land use, and income from its implementation;

3) used in the prescribed manner to the needs of its existing facilities on the land sand, clay, gravel and other common minerals, peat, forest land, surface water and groundwater, as well as exploiting other useful properties of the land;

4) to compensation for losses in full in the expropriation of land for public use;

5) build on ownership of industrial, domestic and other buildings (structures) on the grounds of low value in accordance with the zoning of land for the needs of the economy, do not contradict the purpose of the land;

6) to carry out irrigation, drainage and other reclamation work, to build ponds and other water bodies in accordance with established construction, environmental, sanitary and other special requirements.

2. The powers specified in subparagraphs 2), 3), 5) and 6) of paragraph 1 of this Article, the temporary land use may be limited by contract.

3. Hunting, fishing, gathering medicinal herbs, berries, mushrooms and other natural products and other activities on the land allocated to the farm or farms, are only permitted with the consent of the head of the farm.

4. The peasant or farm uses its own products it sells in the domestic and foreign markets.

Article 11. Duties of the peasant or farm land use

The peasant or farm shall:

1) provision of land use in accordance with the purpose;

2) Prevent decline of soil fertility;

3) Apply environmental technologies in agricultural production and to carry out a complex of measures on protection of lands;

4) prevent environmental degradation as a result of their activities;

5) to guide the implementation of the land Construction of the architectural and planning, construction, environmental, sanitary and other special requirements (norms, rules, standards);

6) does not violate the rights of other land users and land owners;

7) ensure the provision of easements in the order established by the land legislation of the Republic of Kazakhstan.

Article 12. Termination of the right of private ownership of land and land use rights of the peasant or farm

1. The right of private ownership of the land or the land use right is terminated when:

renunciation of the right of private ownership of land or land use rights;

the alienation of land to other persons;

foreclosure of the land or land use rights or the obligations of the peasant farm;

Expropriation of land for state needs;

expiration of the term for which was granted a plot of land;

Seizure of land not used for its intended purpose or used in violation of the laws of the Republic of Kazakhstan;

Seizure of land in other cases stipulated by laws of the Republic of Kazakhstan;

the confiscation of land.

2. The land plot allocated for conducting a country or farm, and not used for other purposes, may be withdrawn in accordance with the Land Code of the Republic of Kazakhstan.

Chapter III. FOUNDATION OF ACTIVITIES OF PEASANT

OR farms

Article 13. The work on the peasant or farm

1. To perform work on the peasant or farm may be engaged citizens working under an employment contract.

2. Conclusion of the contract of employment or in the peasant farm is determined by the labor legislation of the Republic of Kazakhstan.

3. The members of the peasant or farm, and citizens working in the sector under an employment contract, enjoy all the rights provided by the law of the Republic of Kazakhstan.

5. Hours in the peasant or farm is included in total and uninterrupted length of service based on the employment record or document confirming the payment of insurance premiums to the Pension Fund of the Republic of Kazakhstan made prior to January 1, 1998.

6. Appointment and payment of pensions to members of the peasant or farm, as well as citizens, employees, made ​​in the manner and on the terms established by the legislation of the Republic of Kazakhstan on pension provision.

Article 14. Terms of the activities of the peasant or farm

1. The peasant or farm covers its costs through earned income.

2. The production, commercial and other relationships, or peasant farming are carried out on a contractual basis.

3. Interference in the work of the peasant or farm by public bodies and officials shall be prohibited, except in cases provided by the legislation of the Republic of Kazakhstan.

Article 15. Bank accounts of the peasant or farm

The peasant or farm has the right to open bank accounts and manage their money in banks.

Article 16. Taxation of the peasant or farm

Taxation of a peasant or farming is carried out in the manner prescribed by the Tax Code of the Republic of Kazakhstan.

Article 17. Crediting and insurance peasant or farm

1. The peasant or farm has the right to obtain loans secured by the property, land and land use rights in the manner and on the terms established by the legislation of the Republic of Kazakhstan.

2. The peasant or farm insures leased and own the means of production, as well as planting (planting) of crops, perennial crops, manufactured products, raw materials in case of loss or damage in accordance with the legislation of the Republic of Kazakhstan on insurance.

Article 18. State support of the peasant or farm

1. The farm or farms with an annual average number of employees not more than 50 people and a total value of assets per year on average not more than shestidesyatitysyachekratnogo calculated index:

2) on the terms and conditions provided for by the legislation of the Republic of Kazakhstan, shall be exempt from fees connected capacity of electricity, heat, water supply and sanitation with the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets;

3) open accounts in banks with state participation free of charge;

4) The financial statements represent a simplified procedure as individual entrepreneurs;

6) have a preferential right when placing orders for state needs, the conditions of which are determined by the Government of the Republic of Kazakhstan;

7) receive information services (agents), as well as research and development and technology on preferential terms within the funds allocated in the state budget for the year within the framework of public financial support for small businesses;

8) carry out training, retraining and skills development at the expense of the funds provided for the support of small business.

eleven. Peasant farmers and the right to apply simplified or generally established procedure for the calculation and payment of certain types of taxes in accordance with the Tax Code of the Republic of Kazakhstan.

2. Legal entities of the Republic of Kazakhstan, investing in agriculture and do not enjoy a special tax regime can be granted investment preferences on the terms and conditions provided for by the legislation of the Republic of Kazakhstan on investments.

4. The State shall promote the development and protection of domestic peasant or farmer’s market.

5. Features of state support for the development of peasant farms or governed by the laws of the Republic of Kazakhstan.

Article 19. Joint ventures, or peasant farmers

1. The farm or farms can voluntarily unite in cooperatives, societies and other associations to participate in the cooperative, economic associations and other organizations.

2. The peasant or farm shall have the discretion to withdraw from any organization.

Article 20. Conditions and procedure for termination of the peasant or farm

1. The activities of the peasant or farm stops if there is not one member of the economy, heir or other person wishing to pursue activities of the economy, as well as in cases of bankruptcy and termination of the right of private ownership of land or land use rights.

2. Upon the termination of the activities of the peasant or farm division of common property between participants of joint ownership, as well as allocated share of one of them may be implemented subject to the prior determination of the share of each of the members of the right to community property.

3. The property in common ownership may be divided between its participants by agreement between them.

4. The terms and procedure for the division of property, land and land use rights at the termination of activities or the peasant farm are regulated by civil legislation of the Republic of Kazakhstan.

5. Property, land and other disputes arising from the activities of the peasant or farm, considered in court.

Article 21. Responsibility for violation of legislation of the Republic of Kazakhstan on the peasant or farm

Violation of the legislation of the Republic of Kazakhstan on the peasant or farm punishable under the laws of the Republic of Kazakhstan.

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