Pursuant to Clause 2 of Article 20 of the Code, subjects of ownership right are as follows:
- subject of state ownership of land on the territory of the republic: Republic of Kazakhstan;
- subject of private ownership of land on the grounds, conditions and within the limits established by the Code: citizens and non-state legal entities. Whereas citizens are citizens of the Republic of Kazakhstan, foreigners and stateless individuals, unless otherwise provided by the Code.
According to subclause 23) of Article 12 of the Code, the right for private ownership of a land plot is the right of citizens and non-state legal entities to own, use and dispose of a land plot on the grounds, conditions and within the limits established by the Code.
In accordance with subclause 17) of Article 12 of the Code, the right for land use is the right of a person to own and use a state-owned land plot for an unlimited term (permanent land use) or for a certain period (temporary land use) on a paid and (or) free-of-charge basis.
Therewith:
- right to dispose of land is a legally provided right of the state to determine a legal fate of land on the territory of the Republic of Kazakhstan, as well as the right of a private owner to perform transactions with his/her land plot that are not prohibited by the laws of the Republic of Kazakhstan (subclause 8 of Article 11 of the Code).
- right to own a land is a legally provided opportunity to exercise the actual possession of land (subclause 8 of article 12 of the Code).
What an owner and land users can do with a land plot?
Pursuant to Article 64 of the Code, land plot owners and land users, unless otherwise provided for by the Code and other legal acts of the Republic of Kazakhstan, have a right to:
- independently manage a land, using it for the purposes arising from a land plot designation;
- perform economic and operating control over crops and plantings of agricultural and other cultivations and plantations as well as over agricultural and other products obtained in the result of land plots use and income from the sales;
- use, in the prescribed manner, common minerals, plantations, surface and underground waters existing on a land plot or in the entrails of land plots belonging to them without intention of further making transactions for the needs of their own farm unit, as well as to utilize other useful properties of a land;
- get recovery of losses to the full extent upon compulsory acquisition of land plot for state needs;
- construct residential, industrial, domestic and other buildings (structures) in accordance with the designated use of a land plot, considering land zoning based on the ownership/operating control/economic control right;
- perform irrigation, drainage and other reclamation works, build ponds and other reservoirs in accordance with the established construction, environmental, sanitary, hygienic and other specific requirements;
- pass a right of ownership, right of temporary use of land at a charge (lease) as a contribution to the authorized capital of a business partnership in payment for shares of a joint-stock company or as a contribution to a production cooperative.
Nonetheless, the authorities provided for in subclauses 2), 3), 5) and 6) of Clause 1 of Article 64 of the Code can be limited for temporary land users by an act of granting a land plot or by a lease agreement (agreement on temporary free-of-charge land use).
When a land title arises?
Pursuant to Clause 3 of Article 22 and Clause 3 of Article 31 of the Code:
Right of ownership for a land plot and right for land use arise based on the following:
- acts of government agencies;
- non-judicial transactions;
- other groundings provided for by the legislation of the Republic of Kazakhstan.
Pursuant to Clause 1 of Article 26 of the Code, state property involves land plots provided to government agencies, state organizations and institutions, that are used for defense and national security needs; occupied by designated conservation areas for recreational, historical and cultural purposes; contain forest and water resources of common use on lands of settlements, reserves, including a special land fund, pasture and hayfields, as well as distant pastures and other lands not transferred to private ownership.
