Some legal problems of rational use of pasture land in the Republic of Kazakhstan

Authors

  • L.K. Yerkinbayeva
  • A.T. Ozenbayeva
  • D.R. Saipinov

DOI:

https://doi.org/10.31489/2022L4/15-24

Keywords:

legal regulation, agricultural lands, pasture lands, ownership of pastures, lease, pasture users, animal husbandry, personal subsidiary farming, rational use of pastures, sustainable use of land resources

Abstract

The purpose of the proposed research is to comprehensively study the legal problems of pasture use in the  current conditions of the constitutional reform in Kazakhstan, during which the main priority of the country is  the use of land in the interests of the people of the country, the development of scientifically based theoretical  provisions and practical recommendations for improving the current legislation of the Republic of  Kazakhstan. At present, neither state bodies nor legal science can give unambiguous answers to the pressing  questions of this problem; there are no special scientific developments on this problem. The legislation of the  Republic of Kazakhstan on pastures itself is at the stage of formation, and the problems of their rational use  and protection have not received appropriate legal regulation. The lack of a clear regulation of the conduct of  economic activities of personal subsidiary farms of citizens (hereinafter referred to as PSF) has led to the fact  that today we have environmental problems of pasture degradation, an unfavorable epizootic and sanitary  situation in settlements and around them. The authors concluded that the current Law «On Pastures» does not  take into account the existing problems in settlements, therefore, adjustments to its content and the land legislation of the country are required. It is proposed to detail the legal regime for the use of pastur es that are  part of the lands of the forest and water resources, settlements and on the territory of specially protected  natural areas. The revival of distant-pasture and semi-transhumant animal husbandry requires the  development of legal mechanisms for regulating this sphere of agricultural production, the specification of the  regime for the use of distant-pasture and seasonal pastures.

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Published

2022-12-30

Issue

Section

CONSTITUTIONAL AND INTERNATIONAL LAW