Land lawlessness: akimats interpret the laws in their own way

The anticorruption service together with the Committee for Land Resources Management of the Ministry of Agriculture of the Republic of Kazakhstan analyzed the sphere of land relations, World of NAN reports referring to Anticor.

According to the department, local executive bodies interpreted the provisions of the Land Code in their own way and delayed the terms by sending applications for prolongation of lease to land committees. According to Article 12 of the Land Code the Committee has no such powers.

Another important problem is the denial of extension of the lease in connection with the expiration of the terms of notification. Akimats explain such practice by the violation of the obligations of tenants to timely notify of their intention to conclude an agreement on land use for a new term.

However, in case of expiry of the lease term, a temporary payable land user who duly performed his duties has a priority right over other persons to conclude an agreement for a new term (Article 37.2 of the Land Code). In this case, a bona fide tenant has the right to extend the term of the contract without signing a commission.

Also, a hidden public service was revealed - drawing up a lease agreement for a new term, which is not regulated by the legislation. The lack of regulations excludes the principle of "one window" and contributes to the emergence of corruption risks due to the direct contact between officials of the akimat and tenants of land.

At present, on the recommendations of the Anti-Corruption Service such unlawful practices have been stopped in Almaty city, Aktobe, East Kazakhstan regions and Zhetisu region. Also the Committee on Land Resources Management of the Ministry of Agriculture of the Republic of Kazakhstan sent to the local executive bodies clear explanations that exclude the practice of refusal to extend the lease for land due to late notification.

This clarification will allow to eliminate violations of the rights and legitimate interests of bona fide land users, minimize corruption risks, as well as to form a unified practice of granting land.

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