Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

LAND CODE OF THE REPUBLIC OF KAZAKHSTAN

of June 20, 2003 No. 442-II

(The last edition from 27-12-2017)

Section I. Basic provisions

Chapter 1. General provisions

Article 1. Land fund of the Republic of Kazakhstan

1. The land fund of the Republic of Kazakhstan according to purpose is subdivided into the following categories:

1) earth of agricultural purpose;

2) earth of settlements (cities, settlements and rural settlements);

3) the earth of the industry, transport, communication, for needs of space activities, defense, homeland security and other nonagricultural appointment;

4) the earth of especially protected natural territories, the earth of improving, recreational and historical and cultural appointment;

5) earth of forest fund;

6) earth of water fund;

7) earth of inventory.

2. The lands specified in Item 1 of this Article are used according to the purpose established for them. The legal regime of lands is determined proceeding from their belonging to this or that category and the permitted use according to zoning of lands (territory).

3. In the territory of the Republic of Kazakhstan on environment the following zones are allocated:

1) forest-steppe;

2) steppe;

3) sukhostepny;

4) semidesertic;

5) desert;

6) foothill and desert and steppe;

7) subtropical desert;

8) subtropical and foothill and desert;

9) the Central Asian mountain;

10) the southern Siberian mountain.

Article 2. Reference of lands to categories, their transfer from one category in another

Reference of lands to the categories specified in Article of 1 of this Code, and also transfer of lands from one category in another in connection with change of their purpose is made by the Government of the Republic of Kazakhstan, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value within their competence on provision and seizure of land, including for the state needs, established by this Code and other legal acts of the Republic of Kazakhstan.

Article 3. Land ownership

The earth in the Republic of Kazakhstan is in state-owned property. The parcels of land can be also in private property on the bases, conditions and in the limits set by this Code.

Article 4. Principles of the land legislation

The land legislation of the Republic of Kazakhstan is based on the following principles:

1) integrity, immunity and inalienability of the territory of the Republic of Kazakhstan;

2) preserving earth as natural resource, basis of life and activities of the people of the Republic of Kazakhstan;

3) protection and rational use of lands;

4) providing ecological safety;

5) target use of lands;

6) priority of lands of agricultural purpose;

7) providing with information on condition of lands and its availability;

8) state support of actions for use and protection of lands;

9) prevention of causing damage to the earth or elimination of its effects;

10) paid nature of use of the earth.

Article 5. Tasks of the land legislation

Tasks of the land legislation of the Republic of Kazakhstan are: establishment of the bases, conditions and limits of origin, change and termination of the property right to the parcel of land and right of land use, procedure of the rights and obligations of owners of the parcels of land and land users; regulation of land relations for the purpose of ensuring rational use and protection of lands, reproduction of fertility of soils, preserving and improvements of the environment; creation of conditions for equal development of all forms of managing; protection of land rights of physical persons and legal entities and state; creation and market development of the real estate; strengthening of legality in the field of land relations.

Article 6. Land legislation

1. The land legislation in the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and the regulatory legal acts of the Republic of Kazakhstan adopted according to it. Features of legal regulation of separate categories of lands of land fund of the Republic of Kazakhstan are established by the laws of the Republic of Kazakhstan.

2. The relations on use and protection of subsoil, waters, atmospheric air, the woods and other vegetation, fauna, objects of the environment having special ecological, scientific and cultural value, especially protected natural territories are regulated by the special legislation of the Republic of Kazakhstan.

3. Implementation by subjects of land relations of the rights belonging to them shall not do harm to the earth as natural resource and other objects of the environment, and also the rights and legitimate interests of other persons.

4. The property relations on ownership, use and the order of the parcels of land, and also on transactions with them are regulated by the civil legislation of the Republic of Kazakhstan if other is not provided by the land, ecological, forest, water legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on subsoil, on plant and animal life, especially protected natural territories.

5. The rights of physical persons and legal entities in the field of land relations cannot be limited, except the cases which are directly provided by the laws of the Republic of Kazakhstan.

6. Foreigners, stateless persons, and also foreign legal entities have the rights and perform duties in land legal relationship on an equal basis with citizens and legal entities of the Republic of Kazakhstan if other is not provided by this Code or other legal acts of the Republic of Kazakhstan.

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