Land disputes ( kaz. Ger dauy ) - in Kazakh traditional society, conflict situations, the participants of which dispute the establishment or alleged ownership of land, or the right to use it (unauthorized seizure, unauthorized plowing, destruction of boundary marks, untimely return of temporarily occupied land).
Content
Until the 18th century
In traditional Kazakh society, the land belonged to the people. Its integrity was a sign of state independence (isolation). The division of land by inheritance or due to any political event (raid, conquest) was carried out by Khan's decree, and was also considered by the court of biys and aksakals . The Khan’s government passed laws on the basis of which legal proceedings were conducted, delimited land between genera, and established the procedure for use. The main legislative systems of the Kazakh traditional society, known as “ Kasima the righteous path ”, “ Esima the primordial path ”, “ Zhety Zharga ”, considered the most effective ways, conditions and procedure for resolving land disputes. Rivers, lakes, roads and irrigation ditches were public property.
In a land dispute, each party participating in it should have presented witnesses and evidence of its belonging to a certain territory. This evidence was considered: a family cemetery, a well, a ditch, a built dam (dam), planted trees, a dwelling and other real estate that defines the territorial boundaries of the property. If at least one of the evidence was accepted, then the plaintiff received the right to return the land to their possessions. For real estate (construction, gardens and vegetable gardens), which is the property of the defendant, the neutral side set the redemption price paid by the plaintiff. Payment for labor made by the defendant to this property was not made. In the event that the dispute came to a standstill, the custom of “ant ish” (“take the oath”) was carried out to confirm the correctness of his testimony.
In the Russian Empire
With the inclusion of Kazakh lands in the state ownership of the Russian Empire, the land law of the Kazakhs underwent a change. However, before the establishment of Soviet power, some [ what? ] samples of Kazakh law on land disputes continued to be applied .
In modern Kazakhstan
In Kazakhstan, all issues related to land disputes are regulated by civil law, as well as by the law “On the Earth” (30.1.2001, section I. “Ownership and other property rights to land”).
See also
- Jessir Dowy
Literature
- Land disputes // Kazakhstan. National Encyclopedia . - Almaty: Kazakh encyclopedias , 2005. - T. II. - ISBN 9965-9746-3-2 .
When writing this article, material from the publication Kazakhstan. National Encyclopedia ”(1998-2007), provided by the editors of the“ Kazakh Encyclopedia ”under a Creative Commons BY-SA 3.0 Unported license .