Published
04/06/2025, 19:24President Sadyr Zhaparov vetoed the new Land Code approved by the Jogorku Kenesh on 13 February 2025. The document, which was criticised both by MPs and the public, has been returned to parliament with official objections. The main reason is the violation of the basic principle of inviolability of private property.
The head of state emphasised: if the state needs a plot of land - under a house or a vegetable garden - it is obliged to either pay compensation or provide an equivalent one to replace it. This is a requirement of the Constitution.
The President's objections reflect the following observations:
- Seizure for non-payment of the "5%": the provision on deprivation of land for failure to fulfil an agreement with the mayoralties of cities of republican significance contradicts Article 15 of the Constitution and violates the rights of owners.
- Vague notions of compensation: the Code lacks a clear definition of "replacement value", which may lead to irregularities in the land acquisition process.
- Private ownership of pastures: transferring unused state land into private hands through transformation is unconstitutional and jeopardises strategic resources.
- Sale of land to foreigners without bidding: even within the framework of interstate agreements, this approach violates norms of transparency and equality.
- Bypassing the opinion of local councils: the procedure of transferring municipal land to state bodies without consulting local councils is not in accordance with the law.
- Border areas: limitation of temporary land use for the implementation of the KKU-railway project requires separate regulation.
- Automatic transfer of land under MCDs: granting a plot of land to tenants when there has been no owner for more than 10 years violates the provisions of the Civil Code and may cause legal disputes.
What's next?
The President proposes that the Jogorku Kenesh revise the provisions of the Code and bring the document in line with the Constitution. The law, Zhaparov said, should protect the interests of citizens, not create legal uncertainty.