Bayrambaev Alihan Malik ugli, Al-Farabi Kazakh National University,

Student, the Faculty of Law, Republic of Kazakhstan, Almaty,

E-mail: abayrambaev@mail.ru

Supervisor: Smagulova Dana Sabyrhanovna, Al-Farabi Kazakh National University,

LL.M., Senior lecturer Department of Customs, financial and environmental law, the Faculty of Law, Republic of Kazakhstan, Almaty,

E-mail: smgdana@mail.ru

Legal nature, functionality Institute zoning

In papers devoted a lot of attention is paid to the zoning of its validity as relatively new and independent functions of state land management. It should be emphasized that the independent nature of the function zoning, primarily due to the presence in land laws of the whole system of norms of regulating in some detail the competence of state bodies in the area of zoning. The project (scheme) zoning is approved by the relevant representative bodies (cities of republican status, capital) areas (cities of regional importance).

Qualifier purpose of land is developed on the basis of projects (schemes) of land zoning and approved by the local executive authorities (cities of republican status, capital) areas (cities of regional importance).

In this case, the Land Code is considering zoning as a means of organizing complex use and protection of the territory. In accordance with Article 8 of LC RK zoning is the definition of land area with the establishment of their purpose and usage. Therefore, there is no doubt that the study of the functional purpose of zoning is important for the understanding of its legal nature, role and place of zoning as a relatively independent institution of land law Soviet law legal forms land management of the country, emphasizing their organic relationship. We agree with the author and that the Land Code does not disclose the principles, content zoning, limiting the indication that the methodological support of the zoning of lands vested in the central competent authority for land management. However, the legislative practice of the advanced countries, where zoning has been used successfully over half a century, shows that it determines a particular legal regime of the land at the territorial level, providing them with a comprehensive development [1, p.16].

The state sets the general rules for the use of land in zones according to their purpose, directs landowners to certain land uses, limits, and sometimes explicitly prohibits the use of land in conflict with their duties; reimburse landowners damage caused to them by these restrictions; buys some areas; heavily taxed (sometimes up to 75% or more) increase in prices and profitability of individual sections as a result of zoning plans.

Private interests are considered by the legislator as the interests of individuals and legal entities in connection with the planning and construction activities on the land belonging to them. Analysis of the legislation leads to the conclusion that the state and public interests are peculiar forms of public interest. Establishing purpose and mode of land use, which is the main content of the zoning also underscores public law character of the institution.

Formation of a full-fledged institute zoning promotes radical elimination of the Soviet practice of strict state regulation of land use relegated to the level of a particular plot of land, overcoming encountered so far corruption-factors in order of land. This is not to deny the importance of proven legal structures are of great importance in the development of the institute zoning. To one of the achievements of the Soviet theory and practice can be attributed to the classification of the land fund categories according to their main purpose. This division is the opinion of representatives of the Soviet land and legal science reflection of differences in the economic functioning of land in key areas of human social activity, and the resulting basic functions of land as spatial (operational) basis and the means of production. However, the division of land is not limited to categories. Within each category were further detail the objectives of land use. In particular, as part of land settlements were allocated land of cities, which are further subdivided into urban land, public land, agricultural use. This resulted in the Soviet legal scholars to the conclusion that the legal regime of land used as an operational base, is a complex system of species and varieties of the legal regime of land, depending on the particular purpose.

Excessive bureaucratization of land management of cities did not leave the subject of the right to land of freedom of choice of the form of its use. Did not exert a significant influence on it, and what kinds of target use of land in urban areas were determined on the basis of urban planning documents - the general plan of the city planning projects, surveying and construction. It is the position of planning documentation is a major factor in establishing the legal regime of urban land.

Finally, the type and parameters of land use could be determined only at the level of additional documentation - initially - permitting, design. This practice still preserved, in terms of economic reforms do not meet the requirements of rational land use and protection.

In accordance with Article1 LC RK in the Republic of Kazakhstan on natural conditions are the following areas:

1) forest-steppe;

2) steppe;

3) dry steppe;

4) semi-desert;

5) desert;

6) foothill-desert-steppe;

7) subtropical desert;

8) subtropical-foothill desert;

9) Central Asian mountain;

10) South Siberian mountain.

With zoning must be refined, detailed rules for land use and protection of all categories, to regulate the business activities on them in the public interest.

Zoning is intended also to solve social problems in a particular area of social and economic life of society with the natural laws of functioning of land in them.

The study of the legal nature, content, functionality zoning as an institution has not only theoretical but practical importance.

Law Institute - one of the most dynamic elements of the legal system, which is more than the other element of it is very sensitive to changes in the environment, in particular rules objectifying the urgent needs of the socio-economic development of society. Due to the existence of institutions of law there is no need to revise the whole system of law or its separate branch, since the requirements canceled, modified the previous rules, the new edition, first of all, or felt strongly manifested at the level of the Institute of Law.

The effective functioning of the Institute zoning would help, in our, opinion, selection in the codified act of a special chapter on zoning to include the zoning regulations scattered in different sections of the Land Code, after appropriate their classification at a different quality level. It is also essential in securing these chapter uniform requirements for zoning acts approved by the local representative bodies. Uniform requirements will avoid unnecessary discord in the local law-making in the area of zoning. Full functioning of the institute would help in securing land in this chapter reflects the essence of the fundamental provisions, the development trend of the legislation on zoning.

Analysis of domestic and foreign legislation on land zoning suggests the need to consolidate as such, bound by the zoning of the land fund of the country of the legal nature of the acts of zoning, the priority of public interest, zoning of the territory, a comprehensive solution for zoning of environmental, social and economic problems of the territory.

REFERENCES:

1. Kossanov Zh.Kh. Theoretical problems of private Law and another land law& dissertation work of doctor of juridical sciences. –Almaty, 2004. – 281 p.

2. Land Law of International Republics. – M., 1982.-342 p.

3. Krassov O.Y. Private Land Law.-M., 2000.-379 p.

4. Main theory of Soviet Land Law/ under red. Aksenenka G.A.

5. Afanasyeva T., Trutnev E. Yakubovich E. Town-planning legislation to reform Russia.M., 1996. P.7