Topic.8  Basics of environmental and land law of the Republic of Kazakhstan

Purpose: to compare two branches of the law of the Republic of Kazakhstan: environmental law and land law.

Plan:

1 Land legislation of the Republic of Kazakhstan: concept, principles and tasks.

2 Ownership, land-use right and other property rights to land

3 Categories of land.

4 General Provisions of environmental law.

5 Structure of the Environmental Code of the Republic of Kazakhstan.

Land legislation of the Republic of Kazakhstan: concept, principles and tasks.

       Land in the Republic of Kazakhstan is in the public domain. Plots can also be privately owned on terms, conditions and limits established by this Code.

Principles of Land Legislation

   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.

Tasks of land legislation

   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.

 

Ownership, land-use right and other property rights to land

 

In the Republic of Kazakhstan shall be recognized and equal protection of the public and private ownership of land.
  Subjects of ownership:
- entity, the state ownership of land in the territory of the republic - the Republic of Kazakhstan;
- the subject of private ownership of land on terms, conditions and limits established by Land Code, - citizens and non-state entities. In this case, the nationals be citizens of the Republic of Kazakhstan, foreigners and stateless persons, unless otherwise prescribed by Land Code.
                                               Content ownership
Owner 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 this 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 this Code and other legislative acts of the Republic of Kazakhstan.

The emergence of property rights on land
  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

     Land-use right is a real right. By law, the norms of land ownership as far as not inconsistent with this Code or the nature of property law.

Types of land use rights

 Land-use right may be temporary or permanent, alienable or inalienable, acquired for consideration or gratuitously.
   No one shall be deprived of land use rights except on grounds established by Land Code and other legislative acts of the Republic of Kazakhstan.

                                                The subjects of land use rights
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

The right of permanent use

On the right of permanent use granted land in the following state land:
1) entities that owns the buildings (constructions) placed in the objects of the condominium on the right of economic management or operational management;
2) legal persons engaged in agricultural and forestry production, as well as for research, experimental and educational purposes;
3) legal persons engaged in land use on the lands of specially protected natural areas;
4) in other cases stipulated by legislative acts of the Republic of Kazakhstan.
2. The right of permanent land can not belong to a foreign land users.
                          The right of temporary land use
Land can be granted to citizens and legal entities on the right of temporary paid land-use (lease) or the right of temporary grant of land use.
The right to grant temporary land granted for a period of 5 years unless otherwise prescribed by Land Code and laws of the Republic of Kazakhstan.
Interim paid land-use right may be short (up to 5 years) and long-term (5 to 49 years).
Deadline for temporary land use rights shall be established taking into account grants rights to the land, its purpose and zoning.
Termination of the executive bodies of temporary land use contracts unilaterally, except as provided in Land Code, as well as in cases where the termination order specified in the treaty itself, is not allowed.

Categories of land

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

Agricultural lands are lands granted for agricultural purposes, or intended for these purposes.

Land plots allocated for the development of cities, towns, villages, towns and other settlements belong to the category of land settlements.

Lands of industry, transport, communication and other non-agricultural purposes are lands granted by this Code and other legislative acts of the Republic of Kazakhstan citizens and legal persons for the relevant purpose.

Lands Protected areas are lands of state natural reserves, national natural parks, state natural reserves, national regional natural parks, public zoological parks, public botanical gardens, public parks and public dendrological natural monuments.

Lands recreational purposes include resorts, possessing natural medicinal factors, as well as land, favorable for the organization of prevention and treatment.

Recreational lands are lands that are intended and used for organized public recreation and tourist population.

Lands of historical and cultural value are recognized land under the objects of historical and cultural heritage, including historical and cultural monuments.

Lands of forest fund are recognized land covered with forests, and not covered with forest, but provided for the needs of forestry.

Water fund lands are lands occupied by water bodies (rivers and equal to them canals, lakes, reservoirs, ponds and other inland waters, territorial waters), glaciers, wetlands, water management facilities to control runoff, located on a water source, as well as the land allocated under riparian strip these bodies of water and sanitary zones of water intakes of drinking water.

Reserve lands are all lands not granted to property or land under the jurisdiction of the district executive.