The land law of the Republic of Kazakhstan

Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another.

Land rights are an integral part of Land Laws, as they socially enforce groups of individuals’ rights to own land in concurrence with the land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership.

Land Fund of the Republic of Kazakhstan in accordance with the purpose divided into the following categories: agricultural land; land settlements (cities, towns and villages); land for industry, transport, communications, defense and other non-agricultural purposes; land protected areas, land, health, recreational, historical and cultural destination; forest land; ground water resources; reserve lands.

Land in the Republic of Kazakhstan is in the public domain. Plots can also be privately owned on terms, conditions and limits established by the Land Code of the Republic of Kazakhstan (dated 20 June 2003).

Land legislation in the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of the Land Code and adopted in accordance with regulations of the Republic of Kazakhstan. Relations on the use and protection of mineral resources, water, air, forests and other vegetation, wildlife, environmental objects that have special ecological, scientific and cultural value of protected areas are governed by special legislation of the Republic of Kazakhstan.

The objectives of the land legislation of the Republic of Kazakhstan are: establishment of foundations, the conditions and limits of, modification and termination of ownership of land and land-use rights, about the rights and responsibilities of landowners and land users, regulation of land relations in order to ensure the rational use and protection of land, reproduction of soil fertility, conservation and improvement of the environment, creating conditions for equitable development of all forms of management, protection of land rights of individuals and legal entities and the State, the creation and development of the real estate market, strengthening the rule of law in the field of land relations.

The land legislation of the Republic of Kazakhstan is based on the following principles:
1) integrity, inviolable and inalienable territory of the Republic of Kazakhstan;
2) preserve the land as a natural resource, basic life and work of the people of the Republic of Kazakhstan;

3) the protection and rational use of land;
4) environmental security;
5) proper use of land;
6) the priority of agricultural lands;
7) providing information on the status of land and its accessibility;
8) public support for the use and protection of land;
9) to prevent damage to land or remedy its consequences;
10) charges for the use of land.

In the Republic of Kazakhstan shall be recognized and equal protection of the public and private ownership of land.

Owner of the land owns the rights to possess, use and disposal of land belonging to him. Law of the state as owner of the land shall state bodies in accordance with their competence established by the Land Code and other legislative acts of the Republic of Kazakhstan. The land owner may exercise the rights of the owner on terms, conditions and within the limits prescribed by the Land Code and other legislative acts of the Republic of Kazakhstan.

Ownership of the land occurs through:

1) the provision of property rights;

2) transfer of ownership;

3) the transfer of ownership by way of universal legal succession (inheritance, the

reorganization of legal entities).

Assignment, transfer and change of ownership should take into account the purpose of land.

Ownership of the land occurs on the basis of:
1) acts of governmental bodies;
2) civil transactions;
3) other reasons stipulated by the legislation of the Republic of Kazakhstan.

Land-use right is a real right. By law, the norms of land ownership as far as not inconsistent with the Land Code or the nature of property law. Land-use right may be temporary or permanent, alienable or inalienable, acquired for consideration or gratuitously.

Land users are divided into:
1) public and private;
2) national and foreign;
3) natural and legal persons;
4) permanent or temporary;
5) primary and secondary.

The emergence of land-use rights
Land-use right arises by:
1) granting land use rights;
2) the transfer of land use rights;
3) the transfer of land by way of universal legal succession (inheritance, the reorganization of legal entities).
Assignment, transfer and transfer land use rights must take into account the purpose of land.
Land-use right arises on the basis of:
1) acts of governmental bodies;
2) civil transactions;
3) other reasons stipulated by the legislation of the Republic of Kazakhstan.

Private ownership of land or land-use right is terminated when:
1) alienation of the land owner or land user of land use rights to others;

2) the refusal of the owner of the rights of property or land from land-use rights;
3) loss of ownership of land or land use rights in other cases stipulated by legislative acts of the Republic of Kazakhstan.

Protection of land includes the legal, institutional, economic, technological and other measures aimed at protecting the land as part of the environment, rational use of land, prevent unnecessary removal of land from agricultural and forestry traffic, as well as the restoration and improvement of soil fertility.

The objectives of land protection are:

1) prevention of degradation and disturbance of land, other adverse consequences of economic activity by encouraging environmentally sound production technologies and agroforestry, irrigation and other activities;

2) ensuring the improvement and rehabilitation of degraded or breach;

3) introduction of environmental standards in the practice of optimal land use.

Used and recommended literature:

1. Бринчук М.М. Экологическое право (право окружающей среды): Учебник для высших юридических учебных заведений. – М.: Юристъ, 1998.

2. Экологическое право Республики Казахстан / Д.Л. Байдельдинов, С.Д. Бекишева. – Караганда, 2004.

3. International law and the environment / P. Birnie, A. Boyle, C. Redgwell. Oxford; New York: Oxford University Press, 2009.

4. Modern Land Law by Martin Dixon. Routledge; 9 edition, 2014.

5. Environmental Code of the Republic of Kazakhstan. Code of the Republic of Kazakhstan dated 9 January, 2007 No.212 // http://adilet.zan.kz/eng/

Answer the following questions using the information from this text:

1. What is the purpose of environmental law?

2. What are the basic principles of ecological legislation of the Republic of Kazakhstan?

3. What are the main principles of environmental law?

4. What kind of measures of protection of the environment includes the Ecological Code of the Republic of Kazakhstan?

5. What are the main international conventions and agreements were adopted in the field of environmental protection?

6. What are the rules land law is made up of?

7. What is the main aim of the land legislation of the Republic of Kazakhstan?

8. Who owns the land in the Republic of Kazakhstan?

9. What is the basic concept of land ownership in our country?

Дата добавления: 2014-10-17