In the Republic of Kazakhstan, the provision of land plots from state property is, as a rule, carried out on a competitive basis. However, in some cases, the legislation allows the acquisition of land rights without bidding (contests, auctions). This procedure is regulated by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 1, 2020 No. 301, which approved the Rules for the provision of state services "Acquisition of rights to land plots that are in state ownership, not requiring the holding of trades (auctions)", developed in accordance with the Law of the Republic of Kazakhstan "On State Services".

The legal basis for the provision of land plots without auctions is also established in the Land Code of the Republic of Kazakhstan. The state service is provided by local executive bodies of regions, cities of republican significance, capitals, districts and cities of regional significance.

The state service is provided to individuals and legal entities in electronic or paper form. You can submit an application:

through the Center for the Service of the People (CZON);
through the electronic government portal eGov.kz;
directly to the akimat (depending on the type of service).

The service is provided free of charge.

The procedure consists of two stages. At the first stage, the possibility of using the requested land plot according to the stated purpose is determined in accordance with territorial zoning and urban planning documentation. If necessary, a preliminary selection of the land plot is carried out, and the materials are considered by the land commission. The duration of the first stage is up to twelve working days. According to the results, the conclusion of the land commission is issued - positive or negative.

In case of a positive conclusion, the applicant will be notified of the need to prepare a land-use project. If the conclusion is negative, a motivated refusal with reasons is issued. If there are grounds for refusal, the hearing procedure is conducted in accordance with the procedure established by the Administrative Procedural-Procedural Code of the Republic of Kazakhstan.

At the second stage, after the presentation of the approved land development project, a decision is made to grant the right to the land plot and a purchase and sale contract or a contract for temporary paid or free land use is concluded. This stage takes up to three working days.

The list of grounds for which land plots can be provided without bidding is established by the rules. These include implementation of investment projects, operation and maintenance of buildings and facilities belonging to the applicant, construction of engineering and communication networks, activities of participants of special economic and industrial zones, public-private partnership projects, transport, communication and energy facilities, needs of subsoil use, management of private household, gardening, summer cottage construction and other cases directly provided by land legislation.

To receive the service, the applicant submits an application in the established form, indicating the location of the plot, its area, the purpose and the reason for providing it without bidding. The scheme (plan) of the land plot and other documents provided by the Rules depending on the specific reason are attached to the application.

The grounds for refusal are the determination of the inauthenticity of the submitted documents or the applicant's non-compliance with the requirements of the land legislation. The decision on refusal can be appealed administratively or in court.

The right to a land plot arises only after state registration. Until the moment of registration, the right of ownership or land use is considered to be non-existent.

Thus, the acquisition of rights to state-owned land plots without auctions in the Republic of Kazakhstan is possible only in cases directly established by legislation. Observance of procedural requirements and correct registration of documents allow to ensure the legality of the provision of land plots and minimize the risk of refusal.

Source : https://www.gov.kz/memleket/entities/abay-kurchatov/press/news/details/1171659?lang=kk