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1 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.

2 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.     

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