Krikbayev
J.Ê., PhD, Associate Professor,
Kazakh Agrarian University
Kononova V.N. master, Kazakh Agrarian University
Land Code (from
20.06.2003 was) approved the introduction of legislation in the country of the
private ownership of agricultural land, to determine the need for , this is
truly the most important political and socio - economic problems . Its implementation
involves primarily the development of an effective mechanism for the
propagation of private ownership of land in this category Land Trust and on
this basis, the formation of a viable land market to convert the land into a
complete product with the characteristic of the latter for the features and
attributes.
According
to the Committee on Land Management of the Ministry of Regional Development of
the Republic of Kazakhstan by 2012, the country was in private ownership were
about 0.6 % of the land. If you take into account the fact that it is basically
land in the private authorities Dania population (plots of land, cottages,
etc.), it becomes clear how urgent problem of transfer of agricultural land to
private ownership.
In
general, the transfer of land to private ownership, of course, is not an end in
itself - ets. It is necessary, first of all, to ensure that the conditions of
careful and rational use of the land - the main asset of any nation. The main
condition of the latter is its acquisition of prudent owner. Of course, private
property does not in itself guarantee the efficiency of land use in the
economic sense, but careful, thrifty attitude, and thus preserve it as a
non-renewable natural resource, its properties as a productive means of
production obviously will be provided.
It has been over
ten years since, as was legalized private ownership of land SH purpose (Land
Code 2003). However, as noted above, significant progress in this direction has
not happened.
Mandatory and a prerequisite
for the spread of private ownership of agricultural land is the first, the
financial ability of a potential buyer, what really should be the villagers.
Along with the acceleration of the process makes it necessary to fundamentally
redesigned the legal framework of ownership and use of land and finally
overcoming the moral and psychological barrier in the minds of potential hosts.
Recently, due to the lack of confidence in the government of the country.
Earth - the element
of nature and at the same time, the most important species and part of the real
estate. It becomes so with involvement of the Public production as a means of
production and the object of the Public , in particular, the relations of
production. As such, the land has a number of features that lead to the
complexity of developing a mechanism for the spread of private property, the
main element of which is the determination of its estimated cost by STI - like
property. It is understood that the land : 1) is not the result of previous work
and the space is limited , and 2) the location is persistent and can not be
replaced by other means of production , and 3) in the broad sense of the word
can not be playback production , but when used properly, does not lose their
productivity features. It is the land above features have a direct impact on
the value of the appraised value and greatly complicate the process of
evaluation. Since the land as real estate and commodity appears only when it is
framed in legal terms, which involves determining its specific borders, area
and location , the establishment of the cadastral value must precede the
certification of land , which is a necessary condition for the evaluation of
agricultural land.
The solution
involves a preliminary understanding of at least three problems.
The first relates
to the definition of the object of certification, ie that is subject to the
same certification - Land use (land) or a land plot in the traditional sense of
the term.
Second - it is
necessary to establish certain general rules and principles of certification of
land.
And, finally, to
develop a form of passport and determine the composition of cross - tailors
data.
The definition of
the object of certification should be considered as the problem of paramount
importance and of fundamental importance, because the very land valuation, the
method of its implementation and the overall mechanism of propagation of
private property to a decisive extent on the nature of the facility subject to
certification.
Is currently under
certification of land ownership and land use, ie agricultural land appointment
of the individuals and businesses - farms, limited partnerships, etc.
Regardless of the dimensions of the one drawn up a passport for all land use
(land). This, in practice, causes a number of drawbacks to a large extent prevent
the spread of private ownership of agricultural land. It's no secret that the majority
of the now -functioning economic structures, first of all farms are not able to
buy at the same time, being in their use, land. Most likely it will be
implemented in stages as the release of funds in installments and on a preferential
basis (75 %) for 10 years, for example. Land acquisition in parts requires
systematic alteration of land use and land ownership certificates, additional
financial and material costs. The same can be said regarding the sale by the
owners of land within their private property.
In this regard, it is appropriate
to have a passport into individual plots of land potentially possible for the
purchase and sale are. Moreover, these areas must be separate for natural -
territorial complexes, self-regulating and samovossta - navlivayuschiesya. The
basis of allocation of such land should be the landscape and environmental projects,
farm land leustroystva. In essence, they will be the main taxonomic unified
nitsami formation as land-use and environmentally sustainable and highly
productive agricultural landscape. At the same time it will give the
opportunity of doing a more focused monitoring and state control over the
condition and use of land.
The information contained in the
passports of these sites can also be used for other purposes, such as planning
various activities to protect and improve the land for the purposes of
territorial organization, etc.
In line with the foregoing, we
must conclude that the object of passport - zation should be no land use (land)
of legal and natural persons in general, and of course a separate isolated land
plot. Moreover, such a passport should be prepared for all land, agricultural
land, regardless of ownership, land use and must be whether they are currently
buying and selling.
Certification of
land should be based on a set of common rules, facilities, subject to certain
basic principles. The basis of these principles, it is obviously necessary to
put the requirement, the essence of which is to ensure the fullest practical
utility, versatility, flexibility and information content of the passport.
On the basis of
feasibility, as well as this of methodological premise seems legitimate to
formulate the following principles for certification of land:
1. The accuracy and
completeness of the information contained in the passport of a land plot;
2 . Informative and
at the same time conciseness passport data;
3 . The
multi-vector nature of the use of passport data;
4 . Unification of
certification procedures based on a single method of matches , passport details
and the very form of the passport of land .
The structure of
the passport data appropriate to include indicators or their derivatives (eg ,
ratios, reflecting the reclamation condition , location, etc.) that carry a
maximum objective information about this area, most fully characterizing the
productive capacity of the site as a means of production and the value of the
property as. As social and economic parameters, legal aspects of land relations
are manifested human res technical and economic parameters, the most important
characteristics of the land should be its size, quality and Positioning to a great extent determine the value of the
land. For example, depending on the location relative to the service centers or
points of consumption of agricultural products price of land may be much
different. Of great importance in the Republic of Kazakhstan has the
infrastructure and technological arrangement of the territory location of land.
However, the number
of passport data should be limited chancy and do not include the description of
the volume and characteristics. Information should be concise. Along with this
part of the passport data appropriate to include measures that, if necessary
without costly labor and time served adjustments.
The information
contained in the passport of the land should be the maximum degree of reliable
and best reflect the actual condition of the land, to comprehensively
characterize its legal , economic and environmental situation into account when
-national and socio - economic characteristics of the area.
Under the
multi-vector data using a passport be presumed to the possibility of using them
for various purposes . This is first of all:
- The sale of land (market land
transactions);
-
As the basis for determining the value of the land tax (the tax base);
-
Conducting environmental monitoring of the state of land plots a;
-
State control over its use (environmental and legal monitoring);
-
The use of data contained in the passport for the purpose of short-term and
long-term planning and forecasting of land use, planning various activities to
improve and protect the land, farm organizations and other territories
The composition of
the passport data of land, the process of passport should be unified, and the form of the passport approved by the
central competent authority, as referred to in Article 14 Land- Code of the
Republic of Kazakhstan.
Regardless of the
size and location of the land plot, its purpose, ownership and management, the
type of land use, etc. form part of the passport and passport data should
remain broadly unchanged. This will ensure a systematic approach to accounting,
registration, evaluation, legal and environmental monitoring and protection of
land resources. The very stupid proce- certification should be based on a
common methodology and to be mandatory for all over the country in the form of
instructions.
In the most common
form of certification of land available in the following methodological steps:
1) Preparatory work,
including the collection, study and systematization of planning and mapping and
other material;
2) Allocation of
land subject to certification;
3) The establishment of passport data and
drafting of the passport.
In general, the
unified form part of the passport data for different types of agricultural land
can be slightly modified to take account of their features. Moreover indicators
as required periodically, the armature can be adjusted.
In order to reduce the bulk
characteristics instead of some indicators are ratios that reflect the
reclamation of the land, its topography, location relative to service
companies, delivery points selskohozyaystennyh goods and farm production
centers, infrastructure, training and other disorders mentioned factors listed
in Article 11 of the Land Code of the Republic of Kazakhstan
Table 1
The following is a rough form of the passport of land
|
¹ ï/ï |
passport data
|
Quantity indicators (ratios) |
||
|
2012 |
2017 |
2022 |
||
|
1 |
Ownership or land use |
private |
|
|
|
2 |
Land area |
425,0 |
|
|
|
3 |
Type (subtype) soil |
dark chestnut |
|
|
|
4 |
Ñredit bonitet |
39 |
|
|
|
5 |
Àmeliorative condition land plot |
0,9 |
|
|
|
6 |
Accommodation relative economic
center |
1,0 |
|
|
|
7 |
Placement relative to the centers of service and delivery of agricultural
products |
1,4 |
|
|
|
8 |
Water cut (water supply) |
0,8 |
|
|
|
9 |
Topography (slope of the surface) |
0,95 |
|
|
|
10 |
Base rate, th.tg |
29,4 |
|
|
|
11 |
Cadastral value of land plot, th.tg |
5810,9 |
|
|
List of references:
1.Land
Code. // Almaty - 2003.
2.Government
Resolution ¹ 890 dated 22.09.2003.
3.Collection of normative acts
to regulate land relations of the Republic of Kazakhstan: Astana, 2003.
4.Gendelman MA, JC Krykbaev
Scientific basis of land management and cadastre. Textbook. Astana,
"Folio", 2004.
5.Theoretical and
methodological basis of land management in the transition to a new land
relations : monograph / ed. S.N.Volkova / / Results of the research activities
of the State University of Land Management in 1996-2000 gg.M. : GOOSE , 2001,
459.
Clause is devoted
to one of urgent problems organization of the use of land - distribution of a
private property on grounds of agricultural purpose. In it decision to the form
some theoretical and methodical questions passportization of the ground areas of
agricultural purpose are considered: the object, principles ïàñïîðòèçàöèè and methodical sequence, is offered the form
of the passport of the ground area.