Entrepreneurs were prosecuted for alleged improper land use - The Ministry of Agriculture gives clarifications.

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Initiated by Atameken the Committee on land resources management of the Ministry of Agriculture of the RK gave clarifications to the local administration on illegality of charging entrepreneurs with administrative offences for not improper land use in case when proper land use changes from one type of commercial activity to another in the framework of one functional zone.

Since 2015 in the framework of the entrepreneurship conditions improvement in the Republic of Kazakhstan the Land Code has been amended with new regulations, according to them, lands of human settlements were divided into 4 functional zones: housing, social, commercial and other.

“But in practice these regulations are ineffective because administrative legislation wasn’t changed and today a liability of land owner for improper land use is established”- tells the director of construction department of “Atameken” Aspena Dosmaganova.

For example, if according to the documentation the land was registered for “shop operation” but in fact it is used as a beauty salon, the authorized body can take administrative measures to entrepreneur for improper land use.

“In this case a shop and a beauty salon are the objects of commercial direction and are in one functional commercial zone, where according to the Land Code a change of land usage is not required which means there is no administrative proceedings”- said Aspena Dosmaganova.

In this connection the law draft of the Ministry of national economy on “the amendments and additions to the legislation of the RK on the issues of entrepreneurial activity regulation improvement” is provided with appropriate amendments into the Land Code and the Code of Administrative offences.

According to the director, administrative penalty will be imposed only for improper land use with the functional zone. For example, if a land (individual housing) will be used as a shop.

“Till the legislation adoption to exclude the facts of baseless accusations of entrepreneurs for improper land use, the Committee on land resources management sent clarifications to local administrations”- summarized Aspena Dosmaganova.