Ongoing land dispute in NKO: Residents of Zolotai Niva unable to reclaim their land for 16 years
Angry Farmers Fighting an Uphill Battle: The Long, Tough Slog Through a Land Dispute in North Kazakhstan
It's been a bitter 16-year struggle for the residents of Zholtosaya Niva village, located in the Magzhan Zhumabayev district of North Kazakhstan. They've been fighting for their rightful land plots that they had leased to a local cooperative.
The villagers are upset about the measly payments they receive for their land shares and are desperate to reclaim the fields they claim have gone uncultivated for nearly a decade.
"In 2015, I pleaded with the then-regional leader, Sultanov, who promised to help me leave the cooperative. It's been 8 years now, and I'm still trapped in this cooperative. The field number 28 behind me has been untouched for 8 years. The same goes for Grigoryevskoye fields, they're gathering dust," said disgruntled villager Nikolai Kinzel.
Their payments have plunged to an all-time low of 8,000 tenge annually, a sum that doesn't even cover the cost of livestock feed. To make matters worse, they've stopped receiving payments altogether.
"It's getting harder and harder to run a household. There's no feed. This year, we had to buy waste at 50,000 tons and straw at 2.5. It's all money, but we're not seeing any returns for our shares," lamented another resident, Ekaterina Kinzel.
The villagers have been battling in court for years, winning two cases, but they claim the cooperative director is thwarting enforcement of the court's decisions and making empty promises.
"By the end of November, everything will be sorted out. Once the fieldwork is done, we'll gather, and that'll be it," said the director of TОО "Salahaddin," Bari Amoyev.
Local authorities are aware of the issue but seem powerless to intervene.
"There is a court decision to remove the shareholders from the cooperative. The district's leader recently promised that, after the work is completed, such a meeting will be held. We're keeping a close eye on this, and if the shareholders choose to leave, they have that option," added the deputy akim of Magzhan Zhumabayev district, Kanat Beisenov.
The village of Golden Field, located 184 kilometers from the regional capital, is home to approximately 700 people, who brace themselves for an uphill battle to reclaim their land. The "Salahaddin" cooperative owns a staggering 35,000 hectares of land, with 11,000 hectares lying fallow. More than 100 residents are eager to reclaim their land plots. According to the Law, unutilized plots should revert to state ownership within two years.
Resolving land disputes in rural areas like Zholtosaya Niva involves several stages. These may include mediation attempts, legal proceedings, the appeal process, and continuous monitoring and updates. A typical timeline for resolving land disputes includes:
Initial Stages
- Dispute Emergence
- Nominal conflicts over land ownership, boundary disputes, or resource access first arise.
- Parties involved may include local landowners, farmers, or members of agricultural cooperatives.
- Mediation Attempts
- Initial attempts at resolving the dispute through local mediation.
- Local elders, community leaders, or cooperative directors may facilitate discussions.
Legal Proceedings
- Filing a Lawsuit
- If mediation fails, one or more parties may file a lawsuit with the local court.
- The court assigns a case number and schedules hearings.
- Court Hearings
- Multiple hearings may take place to gather evidence and hear testimonies.
- Judges, prosecutors, lawyers representing each side, and witnesses may be present.
- Court Decision
- The court delivers its verdict, potentially involving compensation, land redistribution, or other remedies.
- The decision may be contested if either party is dissatisfied.
Post-Court Proceedings
- Appeal Process
- If either party decides to appeal, a new court process begins at a higher level.
- Appellate court reviews the case and may uphold, reverse, or modify the original decision.
- Implementation of Court Orders
- Parties must implement the court’s decisions, such as transferring land or paying compensation.
- Cooperative directors ensure the decision aligns with local practices and regulations.
Continuous Monitoring and Resolution
- Status Updates
- Regular meetings and reports ensure compliance with court decisions and monitor any new disputes.
- Local officials, cooperative directors, and community leaders oversee the process.
- Dispute Resolution Completion
- Once all parties comply with the court orders and no further disputes arise, the process is considered complete.
- Land rights are clarified, and community stability is restored.
This timeline serves as a rough guide to resolving land disputes. Specific details and outcomes can vary based on local regulations, the nature of the dispute, and the effectiveness of mediation and legal processes.
- The farmers in Zholtosaya Niva village, battling for their land rights, have resorted to filing a lawsuit due to the failed mediation attempts and the cooperative's unwillingness to comply with court decisions.
- As part of the legal proceedings, the court has assigned a case number and scheduled multiple hearings to gather evidence and testimonies, involving judges, lawyers, and witnesses.
- The village residents are eagerly anticipating a court decision, hoping it will bring an end to the standstill in policy-and-legislation concerning their land shares, a matter deeply rooted in politics and general news.
- If the court decides in favor of the farmers, the local authorities will be tasked with ensuring the implementation of the court orders, which may involve transferring land or compensating the farmers, thereby resolving the land dispute and restoring community stability.
