Yerezhepkyzy
R., Akhtamberdiyeva M.E.
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: RozaYerezhepkyzy@kaznu.kz
Land reforms in the Republic of Kazakhstan in the conditions
of market relations
Among all
the wealth owned by a person, the most valuable of course, land. Land - is the
source of our strength and our wealth. Our well-being depends on how we cherish
it, how skillfully and diligently hozyaystvuem on it. In addressing issues
related to the rational use of land, an important role is played by the land
legislation. The land issue is not only a legal and economic side, but also
connected with it a lot of political upheaval and social unrest. This is
understandable, for the earth, its soil cover has a definite place among the
material conditions necessary for human life. In the words of the great English
economist William Pitt, the work - the father of wealth, land - his mother. The
ongoing process of reforming the political and economic system in the Republic
of Kazakhstan put forward the need for a radical change in land relations, land
reform under the direct control and supervision of the state. Land reform has a
special place in the structuring of the economy. It affects the interests of
each citizen and society as a whole. The experience of many countries shows that
without the improvement of land relations and state regulation of other
transformation of the economy do not give the expected results. The value of
the land reform is great, which is why in the formation of mixed type of
economy, a radical break stereotypes and perceptions about work motivation, the
formation of new approaches to the category of property in particular
increasing the relevance of the question of the nature of land relations.
Property - is a factor in itself obliging to put the mind, the knowledge, the
means, the resources to maintain and increase fertility, well-groomed and
equipped land, protecting it from degradation, which ultimately is the real
wealth of the country and society. Land reform is the core of economic reforms,
and its direction is determined by the ratio of the ground.
Changes in
the political and economic situation in the former Soviet Union, including
Kazakhstan, demanding fundamental changes in all spheres of public life and
society. The first was necessary for an appropriate legal basis for data
transformations, which the law defines the goals and objectives of all areas of
reform deadlines, forms and methods of their conditions. This process touched
and land reforms. Land reform was aimed at several stages. The main objective
of land reform, the transition period to the market is the transformation of
land relations in order to create a legal, economic and social conditions for
the effective functioning of the various forms of land management, to ensure
the rational use and protection of land and on this basis to achieve
sustainable increase in agricultural production. The legislation was provided
to ensure the right of every citizen and the collective on voluntariness in
choosing the forms of land tenure, land use and economic activity on the
ground. Aims and objectives of the land reform were formulated in the first
legal acts on land reform.
In order to eliminate the contradictions and
conflicts in the legislation, to keep up with the time in the implementation of
land reform, it was necessary to ensure legislatively property rights to the
land, at the constitutional level to ensure the functioning of private
ownership of land, which was done by the Constitution of the Republic of
Kazakhstan August 30, 1995: sixth article states that "the earth and its
subsoil, water, flora and fauna, and other natural resources are state-owned.
The land may also be privately owned on terms, conditions and within the limits
established by law ". [1]
We agree
with the AE Erenova, who notes that only one law "On Land Reform" can
not cover the whole range of issues of land management on a new basis. Many
details of the functioning of land relations, improving the economic
exploitation of agricultural land are reflected in the basic law - the Land
Code of the Republic of Kazakhstan "[2].
In
connection with the adoption of the new basic law of the country and the
implementation of its qualitatively new regulations there is an urgent need for
the development and adoption of the law of the land. They appeared to Decree of
the President of the Republic of Kazakhstan having the force of law "On
Land" of 22 December 1995 [3], opened a new page in the legal regulation
of land relations in Kazakhstan. The objectives of the document in question is
the regulation of land relations in order to ensure rational use and protection
of lands, soil fertility, preserving and improving the natural environment,
creating conditions for equal development of all forms of management, the
protection of rights of citizens of the land and legal entities, the creation
and the real estate market development, strengthening the rule of law in the
sphere of land relations. The ideology of the land and a legal act is
fundamentally different from the provisions of the Land Code of 1990, its
market-oriented terms. These include the following:
-
Developed a mechanism introduction of private ownership of land, limits and
conditions for granting land to private ownership;
- Rights
to land are recognized as real rights and, moreover, their content is
specified;
- Given
the legal definition of "land", "land", "land
share"; "The official land plot", "servitude", etc .;
- In order
to protect the rights of owners and users, given the exhaustive list of grounds
for the emergence and termination of ownership and other rights on the ground;
-
Guarantees are determined to protect the rights of owners and users, the
procedure and especially the alienation of land use rights and others.
The above
confirms that the land law was improved as the need to resolve this or other
aspects of land relations in a market economy and the transition to private
ownership took place gradually, which once again confirms our conclusion that
the land reform carried out with increasing speed in Kazakhstan [ 4].
Based on
the goals and objectives of a particular phase of land reforms, development of
land relations in Kazakhstan, starting from receipt of the sovereignty and
independence, can be divided into five stages, each of them is unique and
svoebrazen, which solved peculiar to this phase of the problem , set goals and
objectives.
The origin
of the land conversion received in four laws adopted during the years of the
start of economic reforms. That such laws as the Law "On the Farm",
"Land Code", "On Land Reform", "On land tax". the
first phase of reforms was initiated and passed in the result of their
implementation, which falls on 1990-1993 gg. The main terms of the land reform
at this stage were the following:
- The
establishment and development of land and other market legislation, which is
the legal basis of land reforms;
- Ensuring
the right of every citizen and the collective on voluntariness in choosing the
forms of land tenure, land use and economic activity on the land;
-
Consideration of regional differences of land use.
-
Compliance with the requirements of the protection of lands, forests, flora and
fauna and other natural resources.
The main
directions of land reform, the first stage were:
- Creation
of a special land fund local authorities with a view to its subsequent
redistribution in the interests of more efficient use of land;
- The
transfer of the land from a special fund under the jurisdiction of municipal
authorities for agricultural production;
-
Provision of land in lifetime inheritable possession of the citizens of
Kazakhstan for conducting a country and private farming, animal husbandry,
horticulture, construction and maintenance of a dwelling house, cottage
building, classes of traditional crafts and handicrafts;
- The
redistribution of land in the event of transformation of collective farms, of
denationalization and privatization of state farms and other state agricultural
enterprises;
- To
establish and clarify the boundaries of villages and their land and economic
unit;
-
Registration and re-registration documents for the right of ownership and right
to use the land.
The second
stage of development of land relations (1994-1995 gg.) Is related to the
preparation for the transition from the exclusive state ownership to private
ownership of land.
The third
phase was started with the adoption of the Constitution of the Republic of
Kazakhstan dated 30 August 1995 and the Decree of the President of the Republic
of Kazakhstan having the force of law "On Land" of 22 December 1995
year.
In order
to implement certain provisions of the Decree "On the ground June 6, 1996
N 709 Resolution adopted by the Government of the Republic of Kazakhstan"
On measures to accelerate land reform ". [5] Along with the above, the
State Committee of the Republic of Kazakhstan on land relations and land
management for 1996-1998, was required to ensure the issuance of land owners
and land users acts on the ownership of land, the right of permanent land use.
[6]
For
further improvement of the land legislation, which was aimed at ensuring the
rights of the land, the expansion of the Institute of the lease and mortgage
operations, ensuring the registration of land rights was adopted Law "On
Land" dated 24 January 2001, which was the beginning of a new phase of the
land reform.
As a
result of the land reform during the reporting period citizens and legal
entities were provided with rights to the land as follows: the number of owners
of land plots, which are provided (provided) for subsidiary farming, gardening,
country and individual housing construction, it is currently - 3 082.5
thousand, or 95 per cent of the total number of land owners and land users in
the country. Documents provided to the ground - 2 700.7 thousand property
owners, or 88 percent. Further development of the owners of this group is
projected mainly due to individual housing construction, and their number will
reach about 3.2 million [6] to the end of 2003.
The total number of peasant (farmer)
households is 91 thousand documents on the ground provided 81.2 thousand
households, or 89.2 percent. [6]
The number
of non-governmental agricultural organizations - land users - 6.2 thousand,
including stable land - 4.2 thousand documents on land provided - 3.9 thousand,
or 94 per cent.
The law of
the Republic of Kazakhstan "On the ground" issues of land condominium
participants were settled. Documents on the ground decorated and issued 14.1
thousand objects of condominiums. [6] Determination of borders of land plots
provided by the owners of the premises (the participants) condominium is
currently being implemented with the participation of cooperatives of apartment
owners in view of actually existing development and the requirements
established by town planning and other documentation, to the territorial
development of the village. The challenge now is to determine the share of each
participant in the condominium common property or common land without isolating
it in kind.
In order
to create the most favorable conditions for the rational and efficient use of
land, to attract investment, stimulate the receipt of additional funds in the
budget, to ensure transparency in the allocation of land plots, as well as
provide solid guarantees for the protection of investors' rights, in our
opinion, should be organized land auctions and contests the sale of land
ownership or land use, which is regulated by holding legislative decree of the
Government of December 10, 1996, number 1511 "on approval of the purchase
and sale of land owned by the state or the right of permanent land use"
[7].
A land
without a master - an orphan. Ecological disaster overtakes it no man's land.
[8] So, on behalf of the President, a draft of the Land Code of the Republic of
Kazakhstan, which has passed the hard way before its adoption. June 20, 2003 he
was adopted by the Parliament of the country, which begins a new milestone in
the implementation of the land reform of the sovereign Kazakhstan. [9]
Before HCC
Kazakhstan currently has the following objectives of the land reform:
firstly,
to implement the main purpose of agricultural policy, namely to ensure the
transfer of land from agricultural land to private ownership;
secondly,
to complete the full-scale personalization of conditional land shares in the
agricultural organizations;
and third,
to provide technical design of land boundaries, provided (provided) to citizens
and legal entities, with the issuance of the relevant documents on the ground
for the subsequent state registration of rights to land in the judiciary;
Fourth,
the development of regional schemes zoning urban land, in order to establish
areas with different procedures and mode of use of land and their taxation,
inventory of arable land for tougher conditions and stimulate economic means of
the process of removing low-productivity processing and unpromising land;
Fifth, the
creation of a unified automated system of state land cadastre and land
monitoring;
Sixth,
create conditions for the development of the market and the mortgage of land;
Seventh,
improving the state registration of rights to land and transactions with it the
system [10].
Bibliography
1.Otdelnoe edition. - Almaty: Jeti Zhargy. - 1998. - P. 3.
2. Improvement of the legal framework of the land reform in
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3. Decree of the President of the Republic of Kazakhstan
having the force of Law "On Land" // Bulletin of the Parliament of
the Republic of Kazakhstan. - 1995. - № 24. - Art. 159.
4. JA Aubakirov Socio-economic model of market economy. The
agricultural sector in a market economy. - Almaty. - 1991. - S. 45.
5. SAPP. - 1996. - № 26. - Art. 22.
6. The Government of the Republic of Kazakhstan. On the
program of maintenance of the rights to land in the Republic of Kazakhstan for
2000-2003: Resolution of 16.02.2000 - № 253.
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Pravda. - 2002. - on 30 April.
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Kazakhstanskaya Pravda. - 2003 - 26 June.
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