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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.

3 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.

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