Сontradiction of Land Ownership Changes as a Cause of Conflict Generation in Kazakhstan

S. Shakirov, V. Baturin
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Abstract

The purpose of this article is to reveal the issue of changing the forms of ownership of land, as the cause of various kinds of conflicts in Kazakhstan. Ownership of land among nomadic peoples differs from those who led a settled way of life, and has its own specific features. In this regard, the territory of Kazakhstan was no exception. The main goal of the land reform being carried out in the country, the change in the Constitution of the Republic of Kazakhstan, are the tasks of effective regulation of land relations and increasing the culture of caring for the land. One of the tasks was partially solved, “people’s ownership” of the land was recognized. Nevertheless, land inspections showed negative trends in the use of agricultural land: the withdrawal of arable land from circulation, the degradation of soil fertility, part of the land resources becomes the object of speculation, raider seizures. All this creates the ground for conflictogens and a threat to the national security of Kazakhstan. Recently, the works of Kazakhstani scientists devoted to the problems of land ownership have appeared. But many issues of land relations need further research, require the development of evidence-based recommendations for improving land ownership relations. All this clearly shows that the question of ownership of land can hardly have only one, the only correct solution. The purpose of our brief excursion into the history of the formation of land ownership is to study the causes of conflicts due to the insufficient development of theories about land ownership in Kazakhstan, despite the adopted Land Code and many existing laws. Disputes about the ownership of citizens and legal entities to land plots and, in general, about the form of ownership of land have not been completed to date.
土地所有权变更的矛盾性是哈萨克斯坦冲突产生的原因之一
本文旨在揭示土地所有权形式的变化是哈萨克斯坦各类冲突的起因。游牧民族的土地所有权不同于定居民族,有其自身的特点。在这方面,哈萨克斯坦领土也不例外。国内正在进行的土地改革、《哈萨克斯坦共和国宪法》的修改,其主要目标是有效调节土地关系和增强爱护土地的文化。其中一项任务已部分完成,即承认了土地的 "人民所有权"。然而,土地检查显示出农用土地使用方面的消极趋势:耕地退出流通、土壤肥力下降、部分土地资源成为投机和掠夺的对象。所有这一切都为冲突和威胁哈萨克斯坦国家安全创造了条件。最近,出现了哈萨克斯坦科学家专门研究土地所有权问题的著作。但土地关系的许多问题需要进一步研究,需要为改善土地所有权关系制定有据可依的建议。所有这些都清楚地表明,土地所有权问题很难有唯一正确的解决办法。我们对土地所有权形成历史进行简要考察的目的,是研究哈萨克斯坦土地所有权 理论发展不足导致冲突的原因,尽管通过了《土地法典》和许多现行法律。关于公民和法律实体对地块的所有权,以及一般而言,关于土地所有权形式的争议迄今尚未解决。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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