Abdullayeva Nargiz
Master of 1 course
Al-Farabi Kazakh National University
The legal regime of land
settlements
Legal regulation of land use settlements developed in
parallel in the framework of urban planning and land legislation, legislation
on the protection of monuments of history and culture on specially protected
natural territories, the rules which are often complementary, but sometimes
contradict each other and reduce the efficiency of legal regulation. A special
place is occupied by urban land use regulation settlements. Institutes,
directly affecting the legal status of land in the settlements in the first place
are planning the development of their territory and the regulation of
development. Buildings is a priority for the use of land settlements. Therefore
RK LC found that land in urban and rural areas can be removed, including
through the purchase, for public use for the purpose of development in
accordance with the master plans of urban and rural settlements, land use and
building regulations. In granting permission granted plots of land from state
land conditions of each individual site, its size limitation of certain types
of usage are specified in the decision on granting him or in the lease of the
site. The specific size of the area granted under development will depend on
the volume and type of the proposed construction, from the accepted norms in the
formation of land for housing, the availability of free land, etc. To carry out
the construction can be in the presence of a building permit, which confirms
the compliance of the project documentation requirements of the general plan of
land .Gradostroitelnaya documentation for building of the city includes the
draft territory planning, surveying projects areas and general plans of land.
Preparation of documents for territory planning is carried out on the basis of
documents of territorial planning, land use and development in accordance with
the requirements of technical regulations, taking into account the boundaries
of areas of cultural heritage objects and zones with special use conditions. In
Kazakhstan, historically a situation where for a long period of land border in
the cities and towns were isolated and fixed on the plans mainly in the areas
of individual housing development. In areas of mass housing border (and the
conditional) established for districts or neighborhoods. Due to the lack of
established boundaries zoning areas along the borders of land plots in the big
cities it is virtually impossible, it must be preceded by an inventory of land
and the establishment of land boundaries.
In order to establish the boundaries of land in urban
areas to secure and transfer of land ownership, rent, and other types of use to
businesses and individuals, as well as for registration of land The Government
of Kazakhstan approved the procedure for the establishment of land-use
boundaries in the building of cities and other settlements . Its implementation
should lead to the solution of two problems: the establishment of the
boundaries of existing properties and the formation of new real estate in the
current building. One of the rules of the establishment of land boundaries was
an exception to the area of land areas occupied by transport and
utilities, and public areas at the territory of surveying the existing building
of cities and other human settlements. For all types of buildings in the border
land included all of the objects that make up the property, porches and
walkways to them, as well as provides access to all objects of social,
engineering and transport infrastructure. The boundaries of land on the red
lines are set, the axes of the internal passages, the other borders, provided
the town-planning documentation. Development of the project land survey carried
out on the initiative of local authorities or individuals and legal entities -
owners of property located within the boundaries of the quarter, the
neighborhood or the other element of the planning structure. The project
surveying areas - a special kind of planning documentation, in which the
development of the different methods used to establish land boundaries in
different territorial areas. In this respect a number of principles: the
boundaries of existing land uses can not be modified, except in cases of
withdrawal of land for state or municipal needs or with the consent of the land
user to change the land borders; Surveying the territory shall not be occupied
by transport and utilities and facilities, as well as public land. The size of
land plots within the boundaries of built-up areas of urban and rural land
settlements are established based on actual land use and town planning
regulations in force for the period of development of these territories. In
areas transferred under development, land size is determined in accordance with
the currently in force urban planning regulations, rules of land. During
project development, land survey areas specified public easements, under which
land users are obliged to ensure: royalty-free and unhindered use of public
facilities (roads and engineering infrastructure), access to the site
representatives of the relevant services for the repair of infrastructure and
other purposes.
In areas of historic buildings in determining the size
and boundaries of land should be considered historical boundaries of
households, defined on the basis of historical data, historical and
architectural support programs and projects of zones of protection of monuments
of history and culture. In the process of land-use planning settlements at the
same time takes into account the requirements of the protection of monuments of
history and culture. Maps location of monuments of history, archeology, urban
planning and architecture, monumental art, supporting the historical and
architectural plans of cities and other human settlements, monuments protection
zones projects are part of the respective types of planning documentation and
must be carried out prior to or simultaneously with its development. public
right to a favorable living conditions, rights and legitimate interests of
rights holders and the land of the capital construction provided through
mandatory public hearings on the draft master plans, including making changes
in them, with the participation of the inhabitants of the settlements. Land use
and development include: their application and make changes, the zoning map.
Analysis of the legislation governing the use of land
settlements, leads to the conclusion that in recent years has developed a
series of new legal institutions that allow the exploitation of the land in
this category in a market economy. However, not all novels legislation received
sufficient development in practice. Legal regulation of land use settlements
requires further improvement.
Bibliography:
1.
Data of the Agency of RK on Statistics on 1.01.2014g.
2.
The Law of the Republic of Kazakhstan dated December 8, 1993 "On
administrative-territorial system of the Republic of Kazakhstan." Reference system.
Section 2015.
3.
The Law of 16 July 2001 «On architectural, urban planning and construction
activities in the Republic of Kazakhstan."