Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Liability for Violations of Land Legislation

Author(s): Nazgul S Tuyakbayeva, Araylym K Jangabulova, Dina M Baimakhanova, Spatay A Sartayev, Botakoz S Shansharbayeva

The urgency of the problem. The experience of Kazakhstan on legal regulation and responsibility in the sphere of land relations, as well as the experience of the countries of the post-Soviet space, has its own peculiarities. It is not large and still requires transformation. Legal responsibility, namely, criminal, for land crimes in Kazakhstan and CIS countries is considered in this article. Based on the analysis of the land legislation of the Republic of Kazakhstan, the points of view of well-known scientists of land and legal science concluded that the allocation of special land-legal liability is groundless. Particular attention is due to the lack of a unified approach to the location, the rules on unauthorized occupation (seizure) of land or other manifestations of land rights violations. So, the purpose of this article is the experience of Kazakhstan and CIS countries in regulating responsibility for violation of land rights, as a result of which guidelines and recommendations for further improvement of criminal legislation in the context of land relations should be outlined. In the process of research, the directions for further improvement of the current criminal legislation were determined. At the same time, the differences in the construction of the objective side, the degree of public danger and social relations, which are infringed upon by the unauthorized occupation of the land plot, is determined by legal (and not only legal) features of the legal system of a particular country.

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