Lawyer Advocate for land property disputes of land disputes. Jurisdiction. Determining the circle of persons involved in the case

Disagreements and disputes often arise in the process of distributing and redistributing land, conducting land management, exercising the right to use the provided land and the right of private ownership of land. In accordance with article 167 of the Law, disputes arising from land relations are considered in court. The consideration of legal disputes is preceded by the resolution of the issue of their jurisdiction. Jurisdiction is determined in accordance with the norms of the CPC. First of all, it is necessary to correctly determine the ownership of the dispute. Not all land-related disputes may relate to land disputes. These disputes are qualified depending on the order of their consideration, by nature, object, subject, subject, etc. The application of land legislation, the provisions of the Civil Code is noted not only in disputes arising from land relations, but also when the courts consider complaints about unlawful actions of state bodies carrying out the withdrawal, seizure and provision of land in accordance with Chapter 27 of the CPC. lands. That is, in the concept of "land dispute" there is a confusion of two legal categories: dispute and complaint of misconduct. There is no specific regulation in the law on whether complaints about government misconduct should be considered land disputes. As follows from the analysis of cases, complaints arise in the process of exercising property rights to land, and not only in connection with the emergence and termination of ownership and land use rights. It seems that disputes over violations of land use and land tenure rights by illegal actions by other land users and landowners, or by third parties, as well as by government agencies or officials, should also be classified as land disputes.

Lawyer Advocate for land property disputes of land disputes. Jurisdiction. Determining the circle of persons involved in the case

In practice, courts do not always attach importance to the procedural aspect of the consideration of a case in this category. In some cases, they resolve disputes according to the rules of claim proceedings, in others – in special claim proceedings. Meanwhile, the type of legal proceedings depends on the jurisdiction, the amount of the state fee, the circle of persons involved in the case, the timing of the case, the statute of limitations, etc. For the claim of the right to land plots, exclusive jurisdiction is provided – at the location of immovable property (paragraph 1 of Article 33 of the CPC), whereas when challenging decisions of a state body, local government body or official, a citizen has the right to appeal to the court at his place of residence or at the location of the body or official whose decision it is disputed (paragraph 2 of Article 278 of the CPC). The main difference between special claim proceedings is that the dispute arises from public law relations (relations of authority and subordination). By the decision of the Aksu City Court of March 14, 2012, at the request of S. to the State Institution "Aksu Justice Department", the refusal to register the bailiff's decision to transfer to him the premises of the store with the adjacent land plot was declared illegal. The court cancelled the state registration of ownership rights for M., the registration authority was charged with registering the bailiff's decision on the transfer of property to the applicant S. The appeal instance of the Pavlodar Regional Court of 08 May 2012 left this decision unchanged. By the decision of the cassation board dated July 23, 2012, the judicial acts in the case were canceled, with the referral of the case for a new hearing.  The reason for the cancellation was the court's resolution of the issue of the rights and obligations of the owner of the specified property, M., who is not a defendant in the considered case. By the actual decision to cancel the registration, M. was deprived of ownership of real estate with a land plot. In this case, there was a dispute about the law, which the courts did not pay attention to. Since the actions (decisions) of enterprises, institutions, organizations in Articles 278-270 of the CPC are not named as the object of appeal, they cannot be challenged according to the rules of Chapter 27 of the CPC, but can be challenged according to the rules of claim proceedings. If we proceed from the category of disputes to be considered in the order of special claim proceedings, then they can be conditionally divided into two groups - challenging inaction and actions. If the inaction of a state body is disputed, then, as a rule, it is disputed by a specific person in respect of whom there is inaction on the part of the state body. Challenging the resolution of the Akimat should also be considered in a special lawsuit if this resolution affects the rights and obligations of only the applicant (for example, a decision to refuse to grant the right to a land plot to a specific person). If the prosecutor submits an application, the application is subject to consideration in the claim proceedings. If the decision is disputed by another person (not the copyright holder or the owner), then the application is subject to consideration in the claim proceedings. According to paragraph 2 of the normative resolution of the Supreme Court "On the application by Courts of legislation on challenging Decisions and Actions (or Inaction) of State Authorities, Local Governments, public associations, Organizations, Officials and Civil servants" No. 10 dated December 19, 2003, disputes are subject to consideration in a claim, and not in a special claim proceeding. between subjects of civil law, labor, housing, family and other private law relations. That is, if private law relations are seen from the application, then the case is subject to legal action. A typical mistake of the filed claims is the definition of the circle of persons involved in the case. When considering cases in the order of claim proceedings, it should be only about the plaintiff, the defendant and third parties. The applicant and the public authority are involved in special claim proceedings, whose interests are represented in court by the head or an authorized representative, or by an official whose actions are being challenged, who can appear in court either personally or through a representative. Accordingly, the procedure for considering a dispute is determined by the procedure in which the dispute will be considered. The nature of the dispute may be proprietary or non-proprietary. The judicial procedure for considering land disputes is divided into stages, among which a special place is occupied by the stage of filing a claim with the court and preparing the case for trial. According to the provisions of the regulatory decree of the Supreme Court, the latter is a necessary part of the proceedings before the court of first instance.

Lawyer Advocate for land property disputes of land disputes. Jurisdiction. Determining the circle of persons involved in the case

This creates the necessary conditions for a full, comprehensive and objective examination at a court hearing of the evidence presented by the parties, the validity of the rights and obligations of the parties subject to the application of substantive law, and the issuance of a lawful and reasoned judicial act. The procedure for applying the rules of procedural legislation governing the preparation of civil cases for trial is defined by the regulatory decree of the Supreme Court No. 21 of December 13, 2001 "On the preparation of civil cases for trial." An object is a connection with a land plot, with rights to a land plot and with other property rights to land, Subjects – owners of land plots, land users, legal entities and individuals, bodies responsible for state regulation of land relations, and other state bodies whose decisions have led to a land dispute. The subject is the actions or omissions of subjects of land relations, illegal or lawful behavior, illegal behavior that restricts, impedes or terminates the realization of land rights, illegal action or omission that prevents the acquisition or allocation of land rights, acts of application of the law of state bodies affecting the rights and interests of subjects of land relations.

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