Judicial practice arising from land disputes, the seizure of land plots not used for their intended purpose and used in violation of their intended purpose; disputes related to the use of land plots not owned by a citizen or a legal entity; on the allocation and distribution of land; the establishment of an easement.

In accordance with the instructions of the Chairman of the Supreme Court of the Republic of Kazakhstan, an unscheduled summary of judicial practice in cases arising from land disputes was conducted. The purpose of this summary is to study judicial practice in cases of the generalized category, analyze the quality of the administration of justice, identify problematic issues arising in law enforcement practice, develop proposals for the formation of a correct interpretation and uniform application of land legislation, identify the most common errors and violations, identify gaps and deficiencies in legislation, identify outdated and inefficiently implemented legal norms, development of proposals for their improvement. The summary was carried out for the period 2015-2016 and is based on materials submitted by the courts of the region, judicial acts of the EAIAS database, "Torelik", the supervisory and cassation practice of the Supreme Court. This summary covers the categories of cases that have arisen from land relations: disputes related to the seizure of land plots that are not used for their intended purpose and are used in violation of their intended purpose; disputes related to the use of land plots that do not belong to a citizen or a legal entity; on the allocation and distribution of land; the establishment of an easement.

Judicial practice arising from land disputes, seizure of land plots not used for their intended purpose and used in violation of their intended purpose

The main regulatory legal acts regulating land relations are the Constitution of the Republic of Kazakhstan, the Land Code of the Republic of Kazakhstan (hereinafter referred to as the Land Code), and the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code). – Civil Code), the Laws of the Republic of Kazakhstan "On State Property", "On State Registration of rights to immovable property", "On Valuation activities in the Republic of Kazakhstan", "On Architectural, Urban planning and construction activities in the Republic of Kazakhstan", "On Local Public Administration and Self-government in the Republic of Kazakhstan", the regulatory decree of the Supreme Court No. 6 dated July 16, 2007 "On certain issues of Application of Land Legislation by Courts", Normative Resolution of the Supreme Court of December 25, 2006 No. 8 "On certain issues of application by courts of legislation on compulsory alienation of land for state needs", normative Resolution of the Supreme Court of December 24, 2010 No. 20 "On certain issues of application by courts of the norms of Chapter 27 of the Civil Procedure Code of the Republic of Kazakhstan", etc. The norms of the Land Code of the Kazakh SSR dated November 16, 1990, the Law of the Kazakh SSR "On Land Reform in the Kazakh SSR" dated June 28, 1991, and the Decree of the President of the Republic of Kazakhstan "On Land" dated December 22, 1995 also applied to land relations that had developed earlier. Consideration of civil cases of this category is carried out according to the rules of claim proceedings provided for by the norms of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC). The statistics are provided in a separate appendix. 

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