The human factor always contradicts the legal one

A veritable land battle unfolded in the Samar region of East Kazakhstan Region. Farmer Damir Surashev from Karatkul village was illegally denied an extension of the term of compensated land use and his land plot was partially transferred to other land users, World of NAN reports with reference to NCE.

The farmer was given 88 hectares of land in 2009 and the lease expired in 2022, after which two more residents from large families in Akkala village applied to lease the land.

"In fact, together with the committee, we reviewed the land and concluded as per the norm that 53 hectares should be allocated to the person who previously owned the land, 20 hectares to another person and 15 hectares to a third person. In general, we divided 88 hectares for three people according to the number of livestock. It was a purely humane approach - just between us," explained Nurlan Nazarkhanov, akim of Akkala rural district.

Currently, the case is being considered in court, the subject's issue will be monitored until the final and full restoration of his rights.

"Our akim of the rural district says that they have many children. Assuming that they are, but I also have many children, my father is also disabled. I have tractors, I have everything at home, I have everything: 150 head of horses, 100 head of cattle. Now I go around harvesting hay here and there - asking farms for 10-15 hectares," said Damir Surashev.

The representative of the Business Ombudsman in East-Kazakhstan region Aliya Mukasheva reminded that according to the court decision, the akim of the rural district was not a member of the land commission, but his speech took most of the time, and he directly inclined the commission to make a decision in favor of interested parties.

"The 'purely human' factor should not conflict with the 'purely legal' factor. You have decided to divide the land between three people, but if a person has worked honestly under the lease agreement, if he or she has not misused and unused the land plot, he or she has a pre-emptive right. And here this pre-emptive right is groundlessly violated. That is, if he has the right to extend the lease, he should extend it, and those two people should find land plots "humanely"," concluded Igor Shatsky, Chairman of the Council for the Protection of Entrepreneurs' Rights.

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