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- CONOMIC CONOMIC E
6/28/2017 4:31 PM 263–64 263–64 (2015), NDEX OFNDEX ., I
[https://perma.cc/R3AQ OUND ROSPERITY ROSPERITY F P Echoing these evaluations, these evaluations, Echoing 1 ...... 25 ...... ERITAGE these explanations fail to explain explanations these H conflicts over eminent domain and domain eminent conflicts over
rian regimes, rian regimes, The like Kazakhstan...... 29 ......
HE ssertation Research Fellowship, with funds funds with Research Fellowship, ssertation ,T ...... 22 ...... 30 ...... IM comes. Although the and courts comes. law PPORTUNITY AND AND PPORTUNITY O ...... 36 ...... B. K B. nts’ rent-seeking behavior. In effect, they serve serve effect, they In behavior. nts’ rent-seeking ...... 41 ...... 18 ...... Margaret Hanson†Margaret ...... 44 ...... NTHONY
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L.J. 15 (2017) (2017) 15 L.J. ILLER ILLER (4-7-17) L ...... 15 ...... ' M ...... 45 ...... ROMOTING ROMOTING NT I
ERRY ERRY :P Legalized Rent-Seeking:Legalized Eminent This research was made possible by support from the following: the Social Social the the following: from support by possible made was research This T Why Law Shouldn’t Matter Shouldn’t Law Why Investments Institutional and Other Officials Local and Law, Land, Rights Land Characterizing Rights to Land Threats How Law Matters Legal Pluralism A Few Definitions A Few . Kazakhstan ranks consistently low on measures of property rights of property low on ranks consistently measures Kazakhstan Do law and courts matter for property rights security in an authoritarian security rights for property matter courts law and Do 1 † ORNELL ORNELL I. V. II. IV. VI. III. REEDOM ANSON FORMATTED VII. M K provided by the Andrew W. Mellon Foundation; IREX Title VIII Individual Advanced Advanced Individual VIII Title IREX Foundation; Mellon W. Andrew the by provided Research Opportunities program; and Ohio State the InternationalOffice of University’s Affairs. Science Research Council’s International Di protection and the rule of law more generally. more rule of law protection and the http://www.heritage.org/index/pdf/2015/book/index_2015.pdf http://www.heritage.org/index/pdf/2015/book/index_2015.pdf F C 50 VIII. Conclusions H existing literature emphasizes the degree to which informal institutions shape institutions which informal to the degree existing literature emphasizes relations property in personalist, authorita institutions formal expectation is that like law and courts fail to restrain or age state otherwise influence as ornamentation. primarily Regardless, why both citizens and the State regularly turn to these institutions to settle turn to these institutions regularly the State both citizens and why on focuses Article This disputes. property officials’ for bounds upper lower and provides the law cases finds that in these Within combines behavior. informal these limits, law with rent-seeking Introduction sometimes provide citizens provide sometimes with opportunities for limited also redress, they help facilitate and legitimize domain officials’ use of eminent for personal enrichment. Introduction practices to determine legalpractices to determine out 58DW]. 58DW]. regime like Kazakhstan, and if so, how? and like Kazakhstan, regime it expect to reasons good are There C Y 39262-cin_50-1 Sheet No. 12 Side A 12 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 12 Side B 07/06/2017 10:17:34 M K
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to court, “telephone court, “telephone to 7 ,
For instance, a woman instance, a woman For OST Therefore, at first blush, at first blush, Therefore, 4 6 L.J. 517, 520–21, 523 (2013). (2013). 523 520–21, 517, L.J. , 24 P , 24 L ’ 3, 3 (Kenneth W. Thompson & Rett Rett & Thompson W. 3, 3 (Kenneth NT I 156 (Stephen Knack ed., Univ. Mich. Mich. Univ. ed., Knack (Stephen 156
Others lambasted the “injustice,” or Others lambasted RANCE RANCE them. These formal rules exist solely rules exist These formal them. F informal command,informal request, or signal 5
ctators are well-known for fabricating ctators are well-known (2014), http://www.annualreviews.org/doi/ http://www.annualreviews.org/doi/ (2014), ROWTH ORNELL ORNELL Law and Courts in Authoritarian Regimes in Authoritarian Courts and Law to punish or deter opposition. or to punish ”).
G Kazakhstan fares poorly in cross-national in cross-national fares poorly Kazakhstan AND , courts matter for property rights security. rights security. property for courts matter of government officials, citizens willof government strive , 45 C , 45 AND AND , Cornell International Law Journal Journal Law International Cornell 50 Vol. OLAND them Should officials take them , drive that insecurity. As one respondent noted, noted, respondent As one insecurity. that drive , ,P The Essence of Constitutionalism of Essence The . 281, 281–99 281, . 10 CI Telephone Justice in Russia Justice Telephone The Puzzling Non-Consequences of Societal Distrust of Courts: of Courts: Distrust of Societal Non-Consequences Puzzling The Biz adammuz OVERNANCE .S MERICA OC ,G :A ” they endured, railing against a state that “didn’t respect its state that “didn’t against a endured, railing ” they
(4-7-17) .” grazhdan uvazhaet ne Gosudarstvo IGHTS Therefore laws lack meaning, and courts serve as mere rubber as mere serve courts and meaning, Therefore laws lack R
8 .L.& S .L.& EMOCRACY Howard, A. E. Dick, Dick, E. A. Howard, For a review, see Moustafa,Tamir Hendley, Kathryn Ledeneva, Alena Id. 2015) (Feb. S. Kaz. in Neighborhoods/Villages, Notes, Ethnographic Author’s analysis of dataavailable the from Supreme Court Republic of the of 2015). (Nov. Kaz. Astana, in Courts, Notes, Ethnographic with Interview 2015); (Oct. Kaz. Astana, in 9, Landholder with Interview EV http://www.tandfonline.com/doi/pdf/10.2747/1060-586X.24.4.324 UMAN .D ...... Indeed, law and social science literature widely accept that property accept that property literature widely social science law and Indeed, 11 7 8 9 2 3 4 5 6 H .R 10 11 Ludwikowski eds., 1991). 1991). eds., Ludwikowski NN ANSON FORMATTED nespravedlivost “ citizens,” or “ A Courts of Russian Use the Explaining (2008), perma.cc/PHC9-DMUB]. Press 2003). [hereinafter Ethnographic Notes Kaz.)]. (S. [https://perma.cc/MN2V http://www.sud.kz/rus/schedule/supervision/civil Kazakhstan, Data]. Court Supreme [hereinafter MLS2] 2015). (Dec. Kaz. Astana, in 12, Landholder faced with losing her land for minimal compensation repeatedly protested, repeatedly compensation for minimal land her faced with losing too” (“ “We’re people, AND AND does not. does dictatorships, many Like H 16 of Rule 2015 the Heritage rights. Foundation’s In of property evaluations and rights security property scores for from derived index, an index Law countries. of 177 140th out ranks Kazakhstan corruption, justice,” or “the practice of making an justice,” or “the practice of making trump the will in order to influence formal procedures or decision-making” law. stamps for the autocrat’s wishes. Distamps criminal cases and developing laws laws developing criminal cases and to avoid going to court. to avoid matters, like property disputes, Hendley argues that courts may serve as argues that courts may disputes, Hendley like property matters, relatively neutral arbitrators parties, but between private where cases are political due to the involvement this lax security in terms of laws that in terms this lax security dictators develop breaking the rules: fail to abide by but on paper look good for show. Eminent domain seizures are a prominent and widespread source of this this of source widespread and a prominent seizures are domain Eminent areas. urban in rapidly-growing conflict, especially executive officials, or akims officials, or executive try to steal [their as they as “They they can before leave post].” much full/10.1146/annurev-lawsocsci-110413-030532 [https://perma.cc/S84X-APYZ]. [https://perma.cc/S84X-APYZ]. full/10.1146/annurev-lawsocsci-110413-030532 we see little evidence that law or we see little evidence T. rights are generally less secure in authoritarian regimes. less secure rights are generally 39262-cin_50-1 Sheet No. 12 Side B 12 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 13 Side A 07/06/2017 10:17:34
. 13 In In [ 17 17 12 gosnuzhd
6/28/2017 4:31 PM Furthermore, this Furthermore,
officials as their top 14 (Oct. 24, 2016,11:33 AM), ensure these bounds are are these bounds ensure ITER ], L ], ication of the rules with the the the rules with ication of depth. In particular, I focus on focus on I particular, In depth.
asses both relationships among and asses both relationships among regularly? To address this question, this question, address To regularly?
_ tane_nablyudaetsya_rost_pokazatelei note 3. note Kazakhstan, property and land law and land property Kazakhstan, radictory laws regulate property rights. regulate laws property radictory
directly accountable to constituents. directly because, at their core, property rights hinge property their core, at because, supra supra matter, however, they sometimes provide provide they sometimes however, matter,
note 4. note The same areas plagued by expropriation have expropriation have areas plagued by The same do ed expropriation by state ed expropriation by means when seizing land. means
15 supra supra officials and citizens, courts officials and citizens, l and Economic Developmentl and Based on court records, this fear appears well-founded. court records, this fear appears on Based
with informal institutions, like patron-client relationships. (4-7-17) Thomas Edward Flores, The Political Economy of Property Rights Rights Property of Economy Political The Flores, Edward Thomas See See Court Data, Supreme Ethnographic Notes (S. Kaz.), razvitiia sotsial’no-ekonomicheskogo rost pokazatelei nabludayetsia V Astane interact . . . . A crucial assumption often lurks forgotten in the background of these these of in the background often lurks forgotten A assumption crucial Such informal institutions certainly matter in Kazakhstan and similar similar and in Kazakhstan matter certainly institutions informal Such Because property law and the transaction costs involved in implementing in implementing transaction costs involved and the law property Because
12 13 14 15
ANSON FORMATTED M K officials rely on broad legal officials rely provide lower and upper bounds on rent-seeking by local officials. In local officials. In by on rent-seeking bounds upper and lower provide I argue that these laws multiple deliberately accommodate I both legal logics, rights to shape property ways in dynamic combine which and informal, find that in I Specifically, security. these environments, with the often equate the rule of law we which degree to these environments, rights are followed property and enforced. formal laws are fair or that property idea impartial evaluations—the to begin with. appl conflate consistent we Consequently, of doing so, we how the rules themselves. impartiality can overlook In cont biased or intentionally blatantly https://liter.kz/mobile/ru/news/show/24971-v_as Astana, the Rise of Socia Rise of Astana, the widespread insecurity does not appear to have slowed development: in the development: does slowed not appear to have insecurity widespread for the largest sector accounts construction Astana,capital city, a booming income. proportion of city’s on relationships. Although this encomp crucial in non- state, the latter is especially and the between citizens where officials democracies are not 2017 2017 Rent-Seeking Legalized little or avoidance focus provides Yet a myopic on informality regimes. in civil and complex courts heavily has invested whyinsight into Kazakhstan courts in civil state officials engage citizens purposefully why or legal codes, do we why ornaments, are merely law and courts disputes. If property over use them citizens and see both officials how to examine need We nuanced approach. need a more argue that we I they in isolation studied be Neither can H Moreover, the issue is highly politicized. Surprisingly, I find that local that find politicized. I Surprisingly, highly the issue is Moreover, conflicts between state enforced. Thus, law and courts matter, but not necessarily for citizens’ but not necessarily matter, courts law and Thus, enforced. greater benefit. Since they citizens with opportunities for limited redress from state officials—not an redress from limited citizens with opportunities for nonetheless. opportunity but an equal opportunity, this Article of kind type, uses one on property depending vary these laws in argument this land, to develop property, state needs, seizure for or a government domain, eminent Respondents consistently list consistently Respondents Discrimination 57, 62 (2008) (unpublished Ph.D. dissertation, University of Michigan) (on (on Michigan) of University dissertation, Ph.D. (unpublished 62 (2008) 57, Discrimination Library). Michigan of University the with file land rights concern. C Y 39262-cin_50-1 Sheet No. 13 Side A 13 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 13 Side B 07/06/2017 10:17:34 M K
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S EALTHY EALTHY ’ with informal practices. The last H estate booms and economic economic and booms estate threats to land rights. Then I use I Then rights. threats to land
sting literature on and courts in law drives the distribution drives of security. development, or, property security or, property development, investors would lack confidence that that lack investors would confidence ,WJP R ,WJP hnographic observation in civil courts observation hnographic turn specifically to land rights in DUCATION
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property rights, economic development development rights, economic property The World Justice Project’s four-part JusticeProject’s four-part World The https://perma.cc/DEE6-2NBZ IGHT TO A AZAKHSTAN The Rule of Lawand Economic Development R https://perma.cc/E9A3-FJA9];
ROJECT
18 als, landholders, and academic experts. als, landholders, and academic P UBLIC UBLIC
P and possible implicati
Cornell International Law Journal Journal Law International Cornell 50 Vol.
UMAN UMAN between property rights, law, and development in and development rights, law, property between H USTICE . 205, 206–21 (2008), http://www.annualreviews.org / . ly distributed among the population. In short, to In distributed the population. among ly
J
. [OSCE], K CI UR IVISION FOR E .S Housing Prices Rise Faster than InflationAstana in ORLD [
OL BSERVE THE O (4-7-17)
., W Yet, we have not seen this occur in Kazakhstan. This suggests This suggests this occur in Kazakhstan. not seen Yet, have we .P note 3. note Stephan Haggard et al., A.B.A. D EV This phenomenon runs counter to widely accepted findings in the in the accepted findings to widely counter runs phenomenon This 17
level playing field. level 16 Based on ethnographic in work Esilskii and Almatinskii districts, where See See .R https://www.americanbar.org/“content/dam/aba/migrated/publiced/features supra supra
. . . A Few Definitions Definitions A Few conceptual some issues and courts matter, law Before turning to how The remainder of this Article proceeds as follows. First, I address some some I address First, follows. as Article proceeds of this remainder The NN OOPERATION IN OOPERATION IN 16 17 18 BLIGATIONS TO TO BLIGATIONS OTERO ET AL ET OTERO ANSON FORMATTED Kaz.), (Feb. 6, 2014), http://forbes.kz/process/property/rost_tsen_na_jile_v_astane_operejaet 2014), 6, (Feb. [hereinafter [https://perma.cc/6S3T-2NFB] inflyatsiyu/ will be stymied. Scholars believed that believed Scholars be stymied. will the in invest not would and investment, on their a return would receive they first place. social sciences that, without secure secure that, without social sciences expropriation has occurred, and prices as described. 11 A doi/full/10.1146/annurev.polisci.10.081205.100244 [https://perma.cc/MZ9R-YX28]. [https://perma.cc/MZ9R-YX28]. doi/full/10.1146/annurev.polisci.10.081205.100244 &C O B socialno-ekonomicheskogo_razvitiya [ http://www.osce.org/odihr/94158?download=true 2012), YVAZ]. consequently experienced sustained real sustained experienced consequently growth. H 18 and neighborhoods under seizure ( seizure under and neighborhoods with attorneys,interviews offici I. (2016), /Part1DialogueROL.authcheckdam.pdf [ one of two things: either, in a complet things: either, in two one of property rights security does not impact rights security property exists, but is not equal exists, but is not the relationship understand Kazakhstan, we need to understand what need to understand we Kazakhstan, can shape legislation how and Kazakhstan, section offers conclusions relations. domain, relevant to legislation eminent addition to analyzing In inof fieldwork three regions of months on fourteen these findings draw Kazakhstan. includes This fieldwork et rights “rule of law” and “property by do we mean What need to be addressed. security”?and fair constraints refers to just broad, “rule of law” At its most key conceptual issues. Then, I review exi I review conceptual issues. Then, key in these investment regime’s and the Kazakhstani authoritarian regimes, legal institutions.formal Next, I interviews from andexamples that law and courts court cases to demonstrate interaction through dynamic shape behavior Operezhaet Inflatsiu on both state and society; it emphasizes a particular normative outcome: an outcome: normative a particular it emphasizes society; state and on both inherently 39262-cin_50-1 Sheet No. 13 Side B 13 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 14 Side A 07/06/2017 10:17:34
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P 33 C
UTHORITARIAN CI of rules exist, but rather that rules exist, of ULE BY BY ULE A
.S communities they serve. they communities A Concise Guide to the Rule of Law Rule to the Guide A Concise ULE OF ULE OC R
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what kinds kinds what ,P Scholars of authoritari en playing field foren playing property-holders,
.R 22 NN Disputes between officials and non-politically non-politically Disputes between officials and should consistently trump their informal trump their informal should consistently note 18. UTHORITARIAN UTHORITARIAN
3, 5–6 (Gianluigi Palombella & Neil Walker eds., 2009); 2009); eds., Walker Neil & Palombella (Gianluigi 5–6 3, OLITICS OF OLITICS
24
13 (2012). 13 (2012). , 3 A P ,A Although the model is based on consistency, the consistency, on is based model the Although
]. 21 AW HE L supra
23 arity begins to fade when we examine rule of in law arity examine we begins to fade when AJAH ., note 20, at 736. at 736. 20, note :T R
AW INGAPORE ULE OF ULE L
S R supra
OTHIE , Gretchen Helmke & Steven Levitsky, Levitsky, & Steven Helmke Gretchen , seemingly forgetting that many regimes have an inherent an inherent have regimes forgettingmany that seemingly (4-7-17) ,J Parchment, Equilibria, and Institutions, Institutions, and Equilibria, Parchment,
The Rule of Law of Rule The OTERO ET AL ET OTERO ULE BY BY ULE
private entities are accountableunder law. the The laws are clear, publicized, stable, and just, are applied evenly, and and persons of security the including rights, fundamental protect property. The process bywhich the laws are enacted, administered, and enforced is accessible, fair, and efficient. Justice is delivered by timely competent, ethical, andindependent representatives andneutrals are of sufficient who number, have adequate the of makeup the reflect and resources, The government and its officials and agents as well as individuals and and individuals as well as agents and officials its and government The B Carey, R See See Tamanaha, Brian see discussion, For further See See, e.g. See See, e.g. 1. 2. 3. 4. EGITIMACY IN ...... The above two approaches appear relatively clear-cut in their clear-cut relatively appear two approaches The above L ELOCATING THE THE ELOCATING 19 20 21 22 23 24 R Ohnesorge, ANSON FORMATTED M K w,” in which consistent application of consistent application in which law,” “rule by in studies of on this concept laws stifles opposition. 39 (2000). 39 (2000). scholars tend to focus on criminal laws designed to target acts of resistance acts of target laws designed to criminal on to focus scholars tend or its policies. to the regime http://worldjusticeproject.org/sites/default/files/media/wjp_rule_of_law_index_2016.pdf http://worldjusticeproject.org/sites/default/files/media/wjp_rule_of_law_index_2016.pdf [https://perma.cc/7CCX-K6XT Despite this theoretical framework, political scientists and legal scholars political scientists legal scholars and Despite framework, this theoretical to degree focusing on the by narrowly, more rule of law often conceptualize applied, including to state actively laws are which 2017 2017 Rent-Seeking Legalized this approach: of example a good provides definition H involved citizens, especially in more mundane areas of law such as contracts, areas of law mundane in more citizens, especially involved escaped notice. largely rights, and taxes, have property distinctions, but that cl right the specific context of property definition the broader but equated with law, of formal enforcement adequate of rule of law interest in an unev maintaining of the that many no accident for example, is, vis-a-vis the state. It especially AND AND Ginsburg & Tamir Moustafa eds., 2008) [hereinafter R [hereinafter 2008) eds., Moustafa Tamir & Ginsburg J. those rules are adequately and equitably enforced equitably and those rules are adequately institutions “parchment” other words, it matters not so much so much not other words, it matters counterparts. This view is often in view This counterparts. attention to informal institutions.attention to informal in Agenda A Research Politics: Comparative John M. Carey, Carey, M. John C Y 39262-cin_50-1 Sheet No. 14 Side A 14 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 14 Side B 07/06/2017 10:17:34 M K
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MERICAN MERICAN .E ISANO LACK Secure Property as a Bottom-up Firms, Stakeholders, Process: ., 2016 I note 12,8. at B ,A -P MER He states that property right He that property states OUND supra This is the emphasis in Harold Demsetz’s seminal work on work on Demsetz’s seminal in Harold emphasis This is the F
LLINA ANNER 31
Toward a Theory of Property Rights of Property Theory a Toward
Lawson-Remer adds to this, finding that it fundamentally it fundamentally that adds to this, finding Lawson-Remer A B (4-7-17) , 57 A , 57 30
https://perma.cc/A5XC-TCD9 27 Terra Lawson-Remer, Lawson-Remer, Terra Flores, Flores,
IGHTS IN THE they risk overlooking how regimes can embed insecurity within can embed the risk overlooking regimes they how
R
ERITAGE 45 (2011). 45 (2011). TUART ESSICA 26 See See Demsetz, Harold topic, on the article well-known most His Stanislav Markus, Markus, Stanislav See . .S .J . .H . . WN At issue here is the kind of property rights insecurity that can be termed termed that can be rights insecurity property of kind is the here At issue O 28 29 30 31 25 26 27 property is an abstraction. not or to things, refers otherwise, material It but to rights to things. respect with people among we abstraction or relationships the Moreover, not monolithic. is property call it above, terms of choice the by suggested As consistsof a number of disparate legal rights, a ‘bundle’the of them: right to possess, the right to use, the rightto exclude, the rightto transfer, and on. so E ROPERTY ANSON FORMATTED Harold Demsetz, Harold Demsetz, Property Rights”; then follow “cited by” link) (last visited Mar. 15, 2017). 2017). 15, Mar. visited (last link) by” “cited follow then Rights”; Property regime enormous latitude in shaping broader latitudein shaping broader enormous regime part of right with any the PR [property actors,” Thus, when scholars define property rights in property define scholars when Thus, property rights insecurity effectivel rights insecurity property ties withrights to their informal the regime. of the violations refers to here, as insecurity, used Legal “legal insecurity.” rights la property by created legal framework characterization of what is implied on property rights work characterization of what is implied security. in most of this, it must sense to make argues that Banner Stuart example, As another and economics, law contemporary clear that in both be made property rights. property 59 (1967). 59 (1967). and Predators in Weak States Weak in Predators and 47 (2012). any codify insecurity? It is not necessarily in regimes’ interests in regimes’ to facilitate is not necessarily codifyinsecurity? It any reason have every to direct it toward growth for all. they Instead, economic supporters. law itself. law itself. from will that they not stems The assumption underlying facilitate rights property that secure understanding and our economics st regimes all Since growth. economic google.com/ [ W P These legal rights guide who may use These legal rights guide who may use oc such how particular good, and excludability. (last [https://perma.cc/6SN2-ZN2W] org/index/explore world’s most repressive states, including Turkmenistan, Eritrea, and North North and Eritrea, Turkmenistan, states, repressive including most world’s rights. circumscribe property heavily private Korea, H 20 matters whose property rights are secure as vi property whose matters development. economic to stymie rights do not appear property Property Rights Property according to Google Scholar. 39262-cin_50-1 Sheet No. 14 Side B 14 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 15 Side A 07/06/2017 10:17:34
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of property rights can also reduce security, rightsin can also reduce security, can be called what of property Demsetz, Demsetz, An often myopic focus on priva on focus myopic often An (Apr. 21, 2010), http://www.economywatch.com/agrarian/structure/state 21, 2010), (Apr. .Z TEPHEN TEPHEN Phillip Keefer, Keefer, Phillip one from transferred be can land whether to determine authority the includes This See See For example, in Kazakhstan, thisauthority falls to the district ( 33 . .S . . . Though crucial, legal security is only hal is only legal security crucial, Though This distinction is critical and when state strength rule of law evaluating 34 35 36 32 33 akimat ATCH
AND AND AND AND ANSON FORMATTED M K allocation term, “legal insecurity.” “legal insecurity.” term, y5692e.pdf [https://perma.cc/DJ49-6BDM]. [https://perma.cc/DJ49-6BDM]. y5692e.pdf land—i.e., establishing enforce land rights, but also act as landl also but enforce land rights, Rights to Voice Voice to Rights L category of use to another agricultural (i.e., from to residential). Republic of Kazakhstan, kz/Document/?doc_id=1040583 [ kz/Document/?doc_id=1040583 Republic of Kazakhstan)] (2003) (2017) (Kaz.), 2017). 4, Jan. visited ] (last [https://perma.cc/8L8R-W9FS ownership-land.html “allocation insecurity.” Technically, these are perfectly legal because the Technically, “allocation insecurity.” security refers to the idea that in a given society, the laws specifying these these the laws specifying society, given in a to the idea that refers security are externalities fordetermining how concretely matter relationships the broken—hence are laws these when emerges insecurity proportioned; W 2017 2017 Rent-Seeking Legalized a greater achieve to incentives “guiding provide and harmed” and benefited internalization of externalities.” H may enjoy legal security: may astheir rights by specified existing law are or of the Republicof Kazakhstan]. More broadly, see such changes frequently escaping notice in political economy literature. economy in political escaping notice frequently such changes example. a key to land are or use rights Lease state itself defines legality through formal rules and legislation. and rules formal through legality state itself defines These code is introduced land a new as when sweeping, can be changes in allocation redistributes landor a country on a or level—that of individuals legislation, at the micro the context of existing firms. respected and enforced by the state. But if lessees are not confident of confident not are if lessees But the state. by enforced respected and conditions surrounding th Similarly, considerable uncertainty. exercised, can generate insecurity, that is again, technically legal. Both this legal. Both technically that is again, generate insecurity, exercised, can along with “allocation insecurity” shortenlegal insecurity horizons and time property for supporters rather than making it equally accessible for everyone; accessible for everyone; it equally for supporters rather than making property rights are thisthe sovereign, can be perfectlybecause property defined by “legal.” th this has meant Kazakhstan, In e allocation of land rights. the allocation of land over legal authority broad formal increase the risk associated with investment a similar impact on economic development as does property rights insecurity. rights insecurity. as does property development economic on impact a similar highlight and helps in non-democracies, authoritarian governance. in securing interest an inherent have Regimes C Y 39262-cin_50-1 Sheet No. 15 Side A 15 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 15 Side B 07/06/2017 10:17:34 M K
, C Y 39 41 , 49 J. J. , 49 North
(2014), (2014), arts. 8, 9. 8, 9. arts. They find find They L EMOCRACY id. ’ D NT 38 6/28/2017 4:31 PM I in , factors, such as
RANSPARENCY RANSPARENCY to legitimate to their actions
Constitutions and Commitment: The Commitment: and Constitutions , T especially personalist ones, lack especially or that targets constituents. or that targets doing so, law establishes guidelines guidelines establishes law so, doing rliament) to ensure that the Crown to rliament) dditional, informal from existing literature existing from property on is category of personalist, unrestrained of personalist, unrestrained is category tion of power to survive. to survive. tion of power personalist In 55, 56 (Adam Przeworski et al. eds., 1999). 1999). eds., al. et Przeworski (Adam 55, 56 For secure property rights secure property state to exist, the For authoritarian regimes. Autocracies depend depend Autocracies regimes. authoritarian 37 Cornell International Law Journal Journal Law International Cornell 50 Vol. efore influences whose rights are threatened and are whose rights efore influences
Electoral Accountability and the Control of Politicians: of Politicians: Control and the Accountability Electoral agents of the executive, will support them—in will them—in support the executive, agents of
art. 9(3);art. and to seize land for state needs, see consolidated his rule over a power vertical. a power consolidated his rule over generally rests on a vertically-organized patronage rests patronage on a vertically-organized generally id.
EPRESENTATION EPRESENTATION R . Authoritarian regimes, Authoritarian regimes, AND AND 40 . , (4-7-17) James D. Fearon, at 804, 816 804, at at 816 . 803, 808 (1989). (1989). 808 803, . IST See R. DouglassWeingas, C. North & Barry Id. Id. Index Perceptions Corruption See ...... H Why Law Shouldn’t Matter Matter Shouldn’t Law Why That law and courts influence officials’ behaviors runs counter to how counter to how runs behaviors officials’ influence courts That law and Kazakhstan certainly falls into certainly th Kazakhstan 37 38 39 40 41 CCOUNTABILITY CON ANSON FORMATTED we tend to think of their role in of their think we tend to subjective applica on the informal, personal connections, but law still sets the terms. Backed by informal, patron- informal, by Backed still sets the terms. law but connections, personal law ther client relationships, are threatened. in which they the manner II. dictatorships, their rule of selection, means clear, procedural any from not stem and does network such as fair elections. state officials are accountability, Without electoral citizens’ blatantly legal rights, violating reasons to avoid few thought to have rights. including their property This list is not comprehensive. comprehensive. list is not This that, in Great Britain, it was the existence of a “credible threat” to the state— to the state— “credible threat” that, in Great of a Britain, it was the existence to tie led the Britishthe successful dethroning of two kings—that monarchy regarding property. irresponsible behavior” its own hands and stop “future “hand-tying” institutions equivalent to Britain’s Parliament. institutions equivalent “hand-tying” E Evolution of Institutions Governing Public Choice inSeventeenth-Century England under state ownership, see see ownership, state under A allocation insecurity is largelyabsent insecurity allocation H 22 legal insecurity. which emphasizes rights security, that local officials find I in when engaging within the law operate to prefer in Kazakhstan them so allows doing because expropriation, constituents and superiors. I argue that in argue that I superiors. and constituents within remain officials the as As bounds, the law’s long for rent-seeking. faithful are courts, which in governs interpretation legal Which rent-seeking. effect, institutionalizing depends on a circumstance given any and Weingast argue that “the development of free markets must be must markets free of “the development that Weingast argue and some credible restrictions on the state’s ability by to accompanied manipulate constituents.” itself and its of advantage rules to the economic must be restrained from predatory behavi predatory be restrained from must This required a direct threat enforced by new institutions that facilitated enforced by This required a direct threat Pa of (i.e., regular meetings monitoring was restrained. authoritarian regimes. Over the past twenty-five Overyears, the past twenty-five Presidentauthoritarian regimes. Nursultan Selecting Good Types versus Sanctioning Poor Performances Poor Sanctioning versus Types Good Selecting Nazarbayev has steadily Nazarbayev 39262-cin_50-1 Sheet No. 15 Side B 15 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 16 Side A 07/06/2017 10:17:34
. , , ] 48 In CI — 23 23 50 .S 42 OUSE .RK akims H OL
.P bandits. M ONST K [ 6/28/2017 4:31 PM REEDOM and the results the and
, 87 A ,F 43 http://www.resource http://www.resource .,
NST ct executives, or ct executives, 11,2016). I
AZAKHSTAN AZAKHSTAN Executive control over Executive evelopment
Kazakhstan K In short, the decision to stay In 45 [https://perma.cc/NCR2-5YYA] [https://perma.cc/NCR2-5YYA] https://perma.cc/G2LB-EVGM]; These factors have contributed These factors have 49 tion has been systematically systematically been tion has s some rationale for property s some 46 note 41; authority thought to create secure thought toauthority create secure note 41. note ive ive engage in future production, to OVERNANCE ESPUBLIKI G R point the distri point the “roving” versus “stationary” versus “roving”
supra supra supra supra The president appoints the powerful the powerful appoints The president , roving bandits, stationary bandits––who bandits––who bandits, stationary roving ectoral laws and criminal prosecution. supra 41. note 44 , ESOURCE https://freedomhouse.org/report/freedom-world/2016/ https://freedomhouse.org/report/freedom-world/2016/ narrow selectorate, or group of supporters who narrow selectorate, or group of supporters ESPUBLIKI OUSE
, .R in district courts. R H note 23. 23. note AT A Dictatorship, Democracy, and D Democracy, Dictatorship, OUSE
H SII SII ࢎ ࢎ ,N supra supra the Kazakhstani context. the Kazakhstani REEDOM REEDOM , ,F AW L
47 (4-7-17) ONSTITUT REEDOM REEDOM ] art. 87 (1995) (Kaz.). ] (Kaz.). (1995) 87 art. F K the power of eminent domain. of eminent the power Mancur Olson, Olson, Mancur , art. 82. art. 82. [https://perma.cc/QGK8-YAXJ] (last visited Nov. ULE BY BY ULE See Corruption Perceptions, Index See Id. Kazakhstan See Id. See Kazakhstan See Corruption Perceptions Index Perceptions Corruption See ...... R Kazakhstan lacks the checks on state Kazakhstan Though appropriate on a more general level, there are two primary issues primary two there are level, general a more on appropriate Though . 567, 567–69 (1993). (1993). 567–69 567, . 44 45 46 47 48 49 50 42 43 ONSTITUTION EV ANSON FORMATTED M K Kazakhstan are predictable. Nazarbayev received well over 90% of the popular vote in vote popular 90% of the well over received Nazarbayev are predictable. presidentialthe last two elections, dominates ruling Nur and his party Otan and local legislatures. national kazakhstan R to Kazakhstan’s stable ranking as “Not Free” by House since Freedom as “Not stable ranking to Free” Kazakhstan’s independence. property rights. At the same time, approaches like those discussed above, discussed above, like those approaches time, rights. At the same property their constituents, rulers and strategic interaction between which emphasize of Olson’s from account draw directly governance.org/countries/eurasia/kazakhstan/overview (last visited Nov. 5, 2016). https://www.transparency.org/cpi2014/results [ 2017 2017 Rent-Seeking Legalized country since as an independent it emerged the country has led Nazarbayev opposi his leadership, and under in 1991, el through restrictive marginalized bandit is limited. stationary a “good” to become the impetus what Instead, thesatisfying is matters really H short, the label “rule by law” certainly applies to Kazakhstan, certainly law” by “rule label short, the [C Kazakhstan’s judicial system is even the stronger, with Kazakhstan’s president directly even appointing all judges, regional governors and they in turn ap they and regional governors who enjoy who with applying Olson’s theory to the Kazakhstani case. First, in countries case. to the Olson’sFirst, theory Kazakhstani with applying is the natural resources—as from their income of most where autocrats derive GDP close to 40% of comprise revenues oil where case in Kazakhstan, put leads autocrats to limit their extraction in the present so that they can take can their that they extraction put leads autocrats to limit in the present so like Nazarbayev and stable autocrat Aover the long term. secure more approaches this ideal, and suggest arguably rights protection in note 41. 41. supra note thus improving their “take” over the long haul. their “take” over thus improving “monopolize and rationalize theft in the form of taxes”––will limit theft in the form and rationalize their “monopolize an incent predation to ensure subjects have Olson argues that, in contrast to that, in contrast Olson argues C Y 39262-cin_50-1 Sheet No. 16 Side A 16 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 16 Side B 07/06/2017 10:17:34 M K
. C Y
.& and CON These CON .E 56
ROPERTY CONOMIC CONOMIC P 52 E
http://cyber http://cyber MER ,7 E ,7
AND 6/28/2017 4:31 PM , Avinash DixitAvinash , 99 A , 99 AW 57 54
,L HANGE AND AND HANGE C
limited time horizons limited time 53 Institutions and Economic Economic and Institutions thesis. IOLENCE 138, 138 (2013), (2013), 138 138, (forthcoming) (manuscript at 3). 3). at (manuscript (forthcoming) ,V
ereby individuals specialize in ereby USSIA that most statethat most threats to property
ORSE NSTITUTIONAL Institutions as a Fundamental of Cause as a Fundamental Institutions state that upholds private propertystate that upholds private R
. Political science, economic, and . Political science, economic, ,I AUCASUS -M y payoffs that come from taking that from that come payoffs y Political Institutions, Policy Choice and the and Choice Policy Institutions, Political ility to provide secure property rights ility property to provide secure ANS vest are undermined, as individuals or as individuals are undermined, vest &C ; this only stands to exacerbate the issue issue the to exacerbate stands only ; this OVIET ich in turn facilitates growth,
G
51 -S . 559, 561 (2002). 561 (2002). 559, . SIA
]. CI OST .S P NSTITUTIONS .A
Thus, making secure property rights both an property secure Thus, making those central or regional officials who appoint appoint who officials those central or regional Cornell International Law Journal Journal Law International Cornell 50 Vol. ORDAN ORDAN ,I OL
ENT ctions. Second, the theory accounts only for an accounts only the theory ctions. Second, 58 note 17. note .J. P .J. ORTH line of reasoning has troubling implications for the troubling implications has of reasoning line EMAND INEMAND RIT ,14 C ,14 note 26; J note D Governance Institutions and Economic Activity Economic and Institutions Governance C. N C. supra supra
,32 B ,32 (Working Paper No. 10481, 2005). 2005). 10481, No. Paper (Working
supra supra (4-7-17)
11–16 (1990). (1990). 11–16 OUGLASS D Bruce Bueno De Mesquita al.,et NSTITUTIONAL https://perma.cc/S6FX-FKLX Douglass North forcefully advanced the importance of property rights of property the importance advanced Douglass North forcefully Haggard et al., See See generally StephenPhilip & Knack Keefer, Dixit, Avinash See 2015). (Dec. Kaz. Astana, in 12, Landholder with Interview a or Rotation Traditional Kazakhstan: in Shifts Personnel Smagulov, Kadyrjan :I .Markus, .Markus, ...... Therefore, we should not expect that local officials have much much have local officials that expect not we should Therefore, 55 . 5, 6 (2009). 5, 6 (2009). . . 207, 207–24 (1995); Daron Acemoglu et al., al., et Acemoglu Daron (1995); 207–24 207, . 54 55 56 57 58 51 52 53 IGHTS EV ERFORMANCE ERFORMANCE OL ANSON FORMATTED politics. seek executives local that appointed Citizenscomplain regularly minor with a discussion one cited a personal wealth; their to maximize only filled with “gold, fancy who had described a home official’s housecleaner, our [citizens’]ours, it’s be should money.” china, everything—that Long-Run Growth P R Survival of Leaders Survival Measures Institutional Alternative Using Tests Cross-Country Performance: New Political Course? Political New leninka.ru/article/n/personnel-shifts-in-kazakhstan-traditional-rotation-or-a-new-political [ -course officials are beholden only to only officials are beholden shuffle their underlings ensure to officials frequently Where central them. Kazakhstan, in to the autocrat, as is common loyalty subsequent studies have provided support for this provided subsequent studies have and a lack of ties to local populations increase incentives for “banditry.” for “banditry.” increase incentives to local populations and a lack of ties motivation to obeythe lawmotivation or refrain from as property asstealing much is theirmatters to their loyalty What really possible during their tenure. political patron. This development economic overall country’s risk. legal scholars widely agree that a without legal scholars widely rights, incentives and in to innovate will retain an they cannot be sure firms R P goes so far as to argue that states’ ab goes so far as to argue that states’ “underpins the whole Smithian process wh Smithian “underpins the whole ensure the autocrat’s continued rule continued autocrat’s the ensure the full economic to achieve another with one transact then different tasks and potential of the society.” H 24 in reducing transaction costs, wh costs, in reducing transaction of a lack of credible restri of a lack actions, and says autocrat’s little about of his subordinates;those one of the Olson’s said, That his agents. faces dictator is controlling that any tasks key neatly regarding “roving relatively bandits” translates local to argument essential component of economic governance and a core function of the function and a core governance of economic essential component come not from the autocrat, but rather from local officials. local rather from the autocrat, but not from come Indeed, a growing body of literature shows a growing body Indeed, 39262-cin_50-1 Sheet No. 16 Side B 16 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 17 Side A 07/06/2017 10:17:34
do 25 25 how how
., 2008 AZ K
6/28/2017 4:31 PM EPUBLIC R
. (Feb. 19, 2015),
Analitichesij obzor rynka rynka obzor Analitichesij
AZ K
pid real estate market that pid real estate market
d stem from “breaking” or “breaking” from d stem 61 that insecurity takes tends to that insecurity MBUDSMAN MBUDSMAN V tekuschem godu sudebnoj sisteme sisteme sudebnoj godu V tekuschem
O ORBES ORBES http://inform.kz/rus/article/2679035 http://inform.kz/rus/article/2679035 form form vil laws and courts to deal with deal with to courts and laws vil evaluations, have seen the most most seen the have evaluations, property rights security exists.rights By security property on oil revenue. Second, because Second, because on oil revenue. [AnalyticalReview of the Market of Land insecure, because the regime is both the regime because insecure, see
], F ornamental, both citizens and regime citizens both and regime ornamental,
nd rights are insecure, land investments land investments nd rights are insecure,
This Article focuses on three regions of of on three regions Article focuses This use legal codes, laws, and the judicial use legal codes, laws,
some Moreover, contrary to contrary Moreover, expectations that note 4; note [ThisYear Kazakhstan Judicial System has Beaten 59 Serik Sabekov, Analytical Service kn.kz, (July 18, 2014), 18, (July citizens; subsequent discussion focuses on focuses discussion citizens; subsequent see
tend hearings and draw on relevant legislation in relevant draw on tend hearings and
supra supra see also K. Mami —K. Mami note 16; note AZINFORM Finally, we have not seen the te not seen the have we Finally, 60 supra supra 34 (2009); 34 (2009); ], K ], , (4-7-17) matters are informal are has regime the loyalties, invest no reason to informal matters EPORT R
Ethnographic Notes, Courts, in Astana, Kaz. (Nov. 2015, Nov.–Dec. 2016). 2016). Nov.–Dec. 2015, (Nov. Kaz. Astana, in Courts, Notes, Ethnographic Data, Court Supreme Rost tsen really . . .
Institutional and Other Investments Investments Institutional and Other This section examines issues of investment—in laws, in laws, courts, and in issues of investment—in This section examines I find that property rights find reflect the to that property I land in first of these Kazakhstan The reasoning outlined above implies three outcomes for Kazakhstan. Kazakhstan. for outcomes three implies outlined above The reasoning 59 60 61 would expect under conditions of insecurity. of conditions expect under would CTIVITY ANSON FORMATTED M K Kazakhstan which, according to official to according which, Kazakhstan investment, I refer to spending limited or scarce resources on creating, on creating, or scarce resources refer to spending limited I investment, institutions;utilizing these essentially, or maintaining, expanding, the term use. active denotes their consistent, land in urban areas. In other words, it establishes that these institutions other In areas. land in urban and for for the regime matter in laws and has invested regime that the This Article matter. shows they and laws are willing to use the and that citizens resolution courts for dispute state officials. involve when disputes courts for this purpose—even In addition, rising land prices suggest http://forbes.kz/process/property/zemlya_v_astane_podeshevela_za_god_na_8 http://forbes.kz/process/property/zemlya_v_astane_podeshevela_za_god_na_8 [https://perma.cc/GAD8-QTER]. [https://perma.cc/F43X-DCHK]. III. 40 Billion Tenge Billion 40 RK vydelat 40 mlrd. Tenge 40 mlrd. vydelat RK zemel’nykh uchastkov Astanyza IV kvartal 2014 2014 kvartal IV Astanyza uchastkov zemel’nykh 2014 Quarter IV for the in Astana system. system. and each day, in courts numerous cases are heard example, For citizens and officials alike at their arguments. laws and courts would be primarily be primarily and courts would laws investofficials extensively in and failing to enforce property laws that serve as window-dressing for an laws that serve as window-dressing property failing to enforce 2017 2017 Rent-Seeking Legalized state. modern A H we property disputes. property shoul Therefore, insecurity Finally, of law. and rule democracy promote to keen international audience fallout in economic see negative should the form of lowwe in the investment to the tied be should consequences economic These under threat. property that is insecure: if la specific property will plummet. the others. but defy outcomes, widespread to points evidence Qualitative but the land rights, surrounding insecurity be legal within existing statutes. First, property rights should be inherently should be rights property First, dependent dictatorship and a personalist what ci developing in superficially than more C Y 39262-cin_50-1 Sheet No. 17 Side A 17 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 17 Side B 07/06/2017 10:17:34 M K
/ ], ], C Y supra supra STANA STANA USTICII , OURTS ɏ J
Several Several C NTERESOV
I ] (2013), ROSECUTOR ROSECUTOR AZA 63 62 P AZAKHSTAN K
K 6/28/2017 4:31 PM
https://perma.cc STVU [ ’ STVO ITUATION މ INISTERSTVO Organy oficial’nogo oficial’nogo Organy ENERAL S million.
[G
], M ], EPARTMENT IN ion are available online are available ion D EPUBLIC OF ].
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TATE TATE
C AKONODATEL S AZAKHSTAN AZAKHSTAN
support for initiatives like for initiatives these support Doubtlessly, some proportion of some Doubtlessly, K tana; the “commercial capital,” the tana; “commercial ], Z ], 68
should not be taken purely at face at face purely not be taken should “window-dressing,” but there are but there “window-dressing,” central government and which are are and which central government 66 SoyuzPravoInform, SoyuzPravoInform, 65 USTICE OF THE THE OF USTICE
J ly—poses substantial methodological substantial methodological ly—poses
tenge, or about $200 or about tenge, [Section Civil Budget see 4. Court’s Supreme the is example Another Section Civil Budget Civil Section ESPUBLIKI y populated “Southern capital.” “Southern populated y EPARTAMENT PO PREDSTAVITEL 4; NALYSIS OF
R [A A key example is the degree to which court court to which is the degree example A key supra ], D http://kz.spinform.ru/organi.html http://kz.spinform.ru/organi.html Cornell International Law Journal Journal Law International Cornell 50 Vol.
], INISTRY OF supra 67 es, and other legal informat and es, M EPRESENTATIVE OF THE OFTHE EPRESENTATIVE
[R HE
ITUATSII filled/carried out” [T ROKURATURY ROKURATURY S
AZAKHSTAN P supranote 60.
K AZAKHSTAN
K UDAKH NOJ S
’ Bodies of Official Publication of Official Bodies
(4-7-17) [ AZAHSTAN AZAHSTAN Because of Kazakhstan’s oft-cited corruption, claims that “100% corruption, claims oft-cited Because of Kazakhstan’s Supreme Court Data, Data, Court Supreme Sabekov, K EKUSCHEJ EKUSCHEJ T 64 ENERAL EPUBLIC OF OF EPUBLIC Id. (July Kaz. Astana, in Organization, International Correspondence, Personal See Data, Court Supreme See Budzhet Grazhdanskij Razdel See R
. . . . .G . . One such measure is government spending: in 2014, the budget for budget in 2014, the spending: is government measure One such Spending alone does not guarantee that these efforts are anything more these efforts are that anything more guarantee does not Spending alone This Article begins with the difficult task of assessing Kazakhstan's Kazakhstan's of assessing difficult task ArticleThis with the begins 65 66 67 68 62 63 64 EGISLATION OF OSUDARSTVA V OSUDARSTVA NALIZ ESPUBLIKI ANSON FORMATTED regularly (and voluntarily) utilized by citizens. These investments call citizens.into These investments utilized by (and voluntarily) regularly utility law's question the idea that is limited to ornamentation. opposed to property laws, laws, specifical to property opposed of this Article.central aim budget not the challenges and is Instead, investments evidence regarding court statistics, and qualitative information, clear picturetogether paint a institutions of formal received that have Kazakhstan’s from substantial backing opublikovanija opublikovanija (last updated May 17,2016) [hereinafter (last updated May generated visible products. generated visible of the budget was ful of the budget and are regularly updated and maintained. updated and and are regularly schedules, decisions, statut hundred million more to centrallytenge were dedicated more initiativeshundred million mandated and legal ion of information, provis keeping, record designed to boost services. courts reportedly totaled forty billion forty totaled courts reportedly investment in law. Quantifying exactly how much money and effort has been has been and effort money how much Quantifying exactly in law. investment general—as in laws enforcing and implementing, developing, to dedicated http://online.zakon.kz/document/?doc_id=31347775 [https://perma.cc/43MT-2QW7]. [https://perma.cc/43MT-2QW7]. http://online.zakon.kz/document/?doc_id=31347775 2015). 64. note (Mar. 26, 2015), http://www.adilet.gov.kz/ru/node/94262 [https://perma.cc/874Q-CB4W] [https://perma.cc/874Q-CB4W] http://www.adilet.gov.kz/ru/node/94262 2015), 26, (Mar. R [L G Almaty; and Shymkent, the densel and Shymkent, Almaty; conflict over land rights: the land rights: over conflict As capital, H 26 these funds will end up lining officials’ pockets, but many programs have have programs but many pockets, lining officials’ up these funds will end OF THE THE OF at high levels of the Ministry of Justice. of the Ministry at high levels value, nonetheless, informal discussions with international nonetheless, informal major value, has been real organizations suggest that there additional reasons to believe that these initiatives are takingadditional reasons to believe they effect. First, another serve and depth that suggests they of complexity extend to a level than particularly expensive, elaborate expensive, than particularly QZY4-AZG8] (last visited Feb. 7, 2017). 7, 2017). Feb. visited (last QZY4-AZG8] A application, Sud.kz, which is available in the app store. 39262-cin_50-1 Sheet No. 17 Side B 17 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 18 Side A 07/06/2017 10:17:34
73 27 27 ),
Land
NALYST NALYST see A
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AUCASUS . http://online.zakon O gosudarstvennom gosudarstvennom O ation on property -C Marat Yermukhanov, Yermukhanov, Marat
SIA see note 33. 33. note .A EN see also ,C translated at translated
supra actually utilized, what’s and
Zakon o Gos Imushestve
Kaz. (May–June 2015); Interview with with Interview 2015); (May–June Kaz. A recent article in an Almaty law A recent article in an Almaty note 33; note focal point not only for opposition not only focal point The former encompasses not only encompasses former The discounting legisl in litigation) repeatedly complained complained in litigation) repeatedly inent members of Kazakhstan’s legal of Kazakhstan’s inent members 75 on State Property, has and that law
ng how property should be appraised, appraised, shouldbe property ng how 69 zens and professionals. Landholders Landholders professionals. zens and . note 69. note oducing these laws, working groups that working oducing these laws,
supra Moreover, the Code’s introduction was was introduction Code’s the Moreover, due to intense disagreement over certain disagreement due to intense
70 supra
Other laws involving property, such as the property, Other laws involving associations. 72 : in a highly unusual occurrence for authoritarian for authoritarian occurrence unusual : in a highly 71
utilized consistently
(4-7-17) Land Codeof the Republicof Kazakhstan, onLaw StateProperty, This level of detail and attention to revision of detail and attention to revision Thislittle makes level sense if laws See See 2015); (June Kaz. Astana, 9, in Expert with Interview 2015) (June Kaz. Astana, in 9, Organization with Interview See with 2015); Interview (Dec. Kaz. Astana, 10, in Academic with Interview Interviews 1–5, Appraisers Astana, in with Ethnographic Notes, Courts, in Astana, Kaz. (Nov. 2015, Nov. 2016); 2016); Nov. 2015, (Nov. Kaz. Astana, in Courts, Notes, Ethnographic 74 ...... Interviews with attorneys and those involved in court cases further in court cases further involved with those and attorneys Interviews - http://www.cacianalyst.org/publications/field-reports/item/8141-field 2003), 18, 70 71 72 73 74 75 69
ANSON FORMATTED M K [Law of[Law the Republicof Kazakhstan on StateProperty (with changes and amendments as (Kaz.), 413-IV No. 1, 2011, Mar. 9, 2016)], Apr. of kz/Document/?doc_id=30947363&doc_id2=30947363#sub_id=1001853411&sub_id2=6 kz/Document/?doc_id=30947363&doc_id2=30947363#sub_id=1001853411&sub_id2=6 [hereinafter [https://perma.cc/7D49-HWQH] 70000&sel_link=1001853411 Code—if they are empty and meaningless? and meaningless? empty are they Code—if Appraiser 7, in Kaz. Almaty, (Oct. 2015). immushestve (s izmeneniyami i dopolneniyami po sostoyaniu na 04.12.2015 r.) [ZK RK] [ZK RK] r.) 04.12.2015 na po sostoyaniu i dopolneniyami izmeneniyami (s immushestve Property]. Property]. controversial 2011 Law on State Property ( Property on State 2011 Law controversial highly controversial highly laws. from deputies, but also among citi from prom among opposition generated vocal do not matter for governance. Why bother with hundreds upon hundreds of of hundreds upon hundreds bother with Why for governance. matter do not them— required to create and the manpower pages of detailed documentation political the Land in the case of risk to oppose laws career or even your before should hesitate suggest that we rights. an occasional become have They involved been those who had (especially in about specific provisions the Law and appraisal professional since its introduction in 2003. introduction in since its Code of the Republic of Kazakhstan, Kazakhstan, of Republic the of Code Appraiser 7, Kaz. (Dec. in Almaty, Kaz.2015); 25, Interview Attorney with Almaty, in 2015). (Dec. (June reports-caci-analyst-2003-6-18-art-8141.html [https://perma.cc/RXY7-DVER]. Cabinet Reshuffle in Kazakhstan Diffuses Political Crisis Political Diffuses Kazakhstan in Reshuffle Cabinet Kazakhstan, Parliament dissolved Kazakhstan, of the Code. provisions more, they are they more, 2017 2017 Rent-Seeking Legalized critically), are they (and more second purpose; H include officials from affected ministries, key stakeholders (such as leaders as leaders stakeholders (such key affected ministries, include officials from the with along academics), and leading of professional associations the and effort to develop time spend substantial president’s administration provide extensive guidelines regardi extensive provide like. registered, and the intr Before journal on the topic (Almaty has, by far, the largest attorney’s association in far, the largest attorney’s by has, (Almaty the topic journal on in considering independent calledmore “to be for courts the country), funds spent, but also time, manpower, and expertise. Kazakhstan’s Land Land Kazakhstan’s expertise. and manpower, also time, but funds spent, times numerous updated been has and pages a hundred over alone spans Code C Y 39262-cin_50-1 Sheet No. 18 Side A 18 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 18 Side B 07/06/2017 10:17:34 M K
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47, 47–52 (2015) (Kaz). (Kaz). (2015) 47, 47–52 sputes are so common common sputes are so Attorneys consistently Attorneys underestimate
83 s that at a systemic level, we we level, systemic at a s that LMATY
particularly A MBUDSMAN OF ted that courts not always were O proigraushiie Civil court dockets show that civil that civil court dockets show Civil see K voprosu o protivorechii nekotorykh norm norm nekotorykh protivorechii o voprosu K
in the system revealed in actuality a revealed in actuality in the system DVOKATY legal norms [as] unconstitutional.” legal norms Astana, Kaz. (Nov. 2015). Astana, have generated such widespread and vocal vocal and widespread such generated have note 4; ly attended by both parties. both attended by ly over state actors. over and housing/property di housing/property and
Cornell International Law Journal Journal Law International Cornell 50 Vol.
]. To a Question About the Contradiction of Some of the of Some of Contradiction the About a Question To supra supra [ ], 3–4 (45–46) A These district-level data likelyThese district-level 24 (Org. Sec. Cooperation Eur. Ctr. in Astana trans., 2008), 2008), trans., Astana in Ctr. Eur. Cooperation Sec. 24 (Org.
of the week, two judges focus specifically on these cases. on of two judges focus specifically the week,
78 (4-7-17) , Interview 2 with Attorney 23, in Astana, Kaz. (Dec. 2015). 2015). (Dec. Kaz. Astana, 23, in Attorney 2 with Interview , EPORT =KDMODXRY%DW\UɯDQ5\VNDOLHYLFK R
Id. in Courts, Notes, Ethnographic Id. Id. See, e.g. Data, Court Supreme (Sept. Kaz. Shymkent, and Almaty, Astana, in 1–32, Attorneys with Interviews See Kazakhstan of Republic the of Court Supreme from data collected Author’s 84 ...... At the same time, attorneys tend to characterize these cases in the same in the same cases tend these attorneys to characterize time, At the same An even bigger cue as to civil law and courts’ import courts’ law and An cue as to civil bigger for rights even property 78 79 80 81 82 83 84 76 77 CTIVITY ANSON FORMATTED can be summed up by court schedules. by up summed can be courts at all district courts levels—from Court ( to the Supreme property, over hear disputes Sud)—regularly that for two days vigilant when it came to entering cases into the online scheduling system; at system; scheduling the online into to entering cases it came when vigilant docket court empty a relatively times, ral cases not listed waiting area and seve on the schedule. packed courtroom frequency. Visits courts to those frequency. demonstra http://www.eoi.at/d/EOI%20-%20Jahresberichte/Kasachstan/itog_2008.doc http://www.eoi.at/d/EOI%20-%20Jahresberichte/Kasachstan/itog_2008.doc [https://perma.cc/C4AP-QUMF 2015). 2014–Dec. International Commitments International (2013–2015). A the state and citizens regularly use the formal institutions use the formal the state and citizens regularly tasked with over land rights. addressing legal conflicts land- Kazakhstan: in occur should cases these that the literature suggests way are government related cases against the cite this threat from officials as their clients’ greatest worry related to land officialscite this threat from greatest worry as their clients’ rights. petitions of lawyers to apply to the Constitutional Council of the Republic of Republic of the Council Constitutional the to to apply of lawyers petitions certain in recognizing Kazakhstan H 28 laws are designed to be low-cost decoration, it seems puzzling that the regime puzzling that the regime it seems decoration, low-cost are designed to be laws that retain ones to choose would dissatisfaction. do indeed see insecure property rights; seizures are common, as are other rights; seizures are common, property do indeed see insecure find citizens rarely with public officials, and disputes varieties of land victory with a clear themselves Hopelessness combined with high usage suggest high usage with combined Hopelessness In the Astana City Court, land Court, land City the Astana In Multiple visits of that the confirmed are between citizens these cases majority and state officials, and are usual Based on these schedules, the proportion of land-related disputes among disputes among of land-related proportion the schedules, on these Based citizens and state officials approaches of total civil 10% in court caseloads districts. some dejstvuiuschego zakonodatel’stva Konstitutsii Respubliki Kazakhstan i mezhdunarodnym i mezhdunarodnym Kazakhstan Respubliki Konstitutsii zakonodatel’stva dejstvuiuschego Kazakhstana obiazatel’stvam Current Legislation of the Constitution of the Republic of Kazakhstan and Kazakhstan’s Kazakhstan’s and of Kazakhstan Republic the of Constitution the of Legislation Current 39262-cin_50-1 Sheet No. 18 Side B 18 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 19 Side A 07/06/2017 10:17:34
29 29 Huge (July (July 19, In other In 85 18 (2008), 18 (2008), 87 . LATE How can we we can How 6/28/2017 4:31 PM
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has not curbed demand. Land prices prices Land demand. not curbed has NTELLINEWS NTELLINEWS in land, especially in the areas where where in the areas in land, especially economic crises in 2008 and 2015– and 2015– 2008 crises in economic Dispatch from Kazakhstan from Dispatch Yigal Chazan, offer property rights security, regime rights regime security, offer property
], F ], some cure property rights for some organized organized rights for some property cure st—while others suffer from pervasive pervasive st—while others suffer from ransit/200 see e government resells the remaining, so- resells the remaining, e government citizens are buying these lands
that unit to pursue growth.” pursue unit to that
. 99, 100 (1992) (emphasis in original). in original). (emphasis (1992) 99, 100 . , I ATIONS IN IN ATIONS do they matter for property rights security? rights security? for property matter do they OL iquitous throughout Astana, Almaty, and Astana, Almaty, throughout iquitous P
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See generally N (4-7-17) Often, lands seized for state needs are needed only partially for partially only needed are needs for state seized Often, lands see, e.g. Jean C. Oi, 86 Interview with Attorney 2, in Astana, Kaz. (Oct. 2014); Interviews with Attorneys Attorneys with Interviews 2014); (Oct. Kaz. Astana, 2, in Attorney with Interview Sotku za $8340 Srednem v Stoit Astane v Zemlja generally See See Ethnographic Notes, in Astana, Almaty, and Shymkent, Kaz. (Nov. 2015, Nov.– Nov.– 2015, (Nov. Kaz. Shymkent, and Almaty, in Astana, Notes, Ethnographic Nov.– 2015, (Nov. Kaz. Shymkent, and Almaty, in Astana, Notes, Ethnographic . . . . . Land, Law, and Local Officials Local Officials and Law, Land, In other words, it seems thatother words, it seems In This widespread perception that land rights are insecure suggests that we that suggests insecure are rights land that perception widespread This Though post-Soviet Kazakhstan embodies an environment where one one where an environment embodies Kazakhstan post-Soviet Though 87 88 89 85 86 ANSON FORMATTED M K _ http://www.slate.com/articles/news_and_politics/dispatches/2004/07/dispatch 2004), from_kazakhstan.html [https://perma.cc/F775-44N7]. Land Privatisation Protests Privatisation Land 10, 11, in Shymkent, Kaz. (Apr. 2015); 2015); (Apr. Kaz. Shymkent, in 11, 10, China in Corporatism Dec. 2016). 2016). Dec. 2016); —Dec. words, the omnipresent threat of seizure omnipresent the words, in these areas have also trended upwards over the past decade decade the past over upwards also trended have in these areas but in seizures, correlate they reported spikes not with (chronologically, regional larger global and rather with 2016, respectively). public use, and the local executiv the local and public use, lands. Crucially, called “leftover,” security of their land rightssecurity to inve enough confidence to sink people have Why or firms do some insecurity. into land? sums enormous Oi finds that universally Writing about China, and rights are not essential for investment property secure, private “are se what is needed development; for sufficient incentives unit and 2017 2017 Rent-Seeking Legalized to invest see a willingness should not subject been have that neighborhoods same the in Yet, common. seizure is and development. growth seizure, enormous we see to large-scale - http://www.intellinews.com/alaco-dispatches-kazakh-president-rattled-by-land [https://perma.cc/2TAB-DRY7]. privatisation-protests-96561/ H housing and commercial developments have sprung up each year, and each year, up have sprung developments commercial and housing ub cranes are construction Shymkent. http://forbes.kz/process/property/zemlya_v_astane_podeshevela_za_god_na_8 [https://perma.cc/2ADY-8V3U]. https://freedomhous [https://perma.cc/M9UW-JCHA]. characterize this heterogeneous security—what “units” in Kazakhstan “units” in Kazakhstan security—what characterize this heterogeneous and why? security, enjoy experience insecurity? Which short, returning In in role do lawwhat question of this paper, and courts play to the motivating shaping these outcomes— an Average of $8340 per sq.m. per $8340 of Average an IV. IV. should not expect the law or courts to investment and citizen engagement suggest otherwise. suggest otherwise. At time, the same the and citizen engagement investment C Y 39262-cin_50-1 Sheet No. 19 Side A 19 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 19 Side B 07/06/2017 10:17:34 M K
, C Y In see, Land Land 103 101 Second, Second, Without Without
100 98 91 6/28/2017 4:31 PM
alienable, and alienable, and Interviewees cited Interviewees Restrictions on land Restrictions These officials are These officials 97 . Lands designated for designated Lands 99 90
Land rights can take take rights can Land 93 , extensive authority over over authority extensive , 94 note 33, arts. 36(3), 40(1–3). 40(1–3). 36(3), 33, arts. note transport, communications, transport, communications, to individual dwelling—this akimat
and land that is not used in is not and land that nheritable but not supra supra note 33, art. 3. art. 33, supranote 3. art. 33, supra note 3. art. 33, supra note note 33, arts. 8, 89. 89. 8, arts. 33, supranote
akimat n long-term leases from the state the state leases from n long-term and pay the cadastral value. and pay While it is possible to transfer the While it is possible 96 purposes; protected areas (parks, etc.); purposes; protected
distinction of land use: categories among akimat of renewal when the term expires. term the of renewal when y about 20% of requests approved. 20% of requests about y
Cornell International Law Journal Journal Law International Cornell 50 Vol. officials. ght of eminent domain. ght of eminent reserve (land fund). reserve
These rights are i These
- http://thediplomat.com/2015/09/massive-kazakh-corruption 102
Massive Kazakh Corruption Case Targets 21 Former Officials Former 21 Targets Case Corruption Kazakh Massive
(4-7-17) 92
Land that it is not used in accordance with its designated use can can use with its designated accordance used in that it is not Land art. 1. 170. 43, arts. 49(1–6). art. 2014). (Oct. Kaz. 7, in Almaty, Academic with Interview 35(2); art. (Sept. 10, 2015), 10, 2015), (Sept. 95 (summer cottages) and individual/family gardens fall within the first gardens and individual/family cottages) (summer Interview with Expert 5, in Almaty, Kaz. (Apr. 2015). 2015). (Apr. Kaz. Almaty, 5, in Expert with Interview Land Codeof the Republic of Kazakhstan, Id. Id. Id. Id. 2015). (Mar. Kaz. 5, in Astana, Attorney with Interview Land Codeof the Republic of Kazakhstan, Interview with Official 2, in Shymkent, Kaz. (Feb. 2015). Land Codeof the Republic of Kazakhstan, Id. Land Codeof the Republic of Kazakhstan, Land Codeof the Republic of Kazakhstan, 2015); (Sept. Kaz. Astana, in Neighborhood, Esilskii Notes, Ethnographic accused of using that power for their own enrichment. for their own power of using that accused ...... Characterizing Land Rights Rights Land Characterizing Although private ownership of land exists in Kazakhstan, the state is, in Kazakhstan, ownership of land exists private Although In rural areas, land is primarily held i rural areas, land is primarily In , Catherine Putz, Catherine , 92 93 94 95 96 97 98 99 90 91 100 101 102 103 IPLOMAT ANSON FORMATTED e.g. D widely category. forest; water resources; and forest; water resources; defense and other non-agricultural other non-agricultural defense and ttlements; industry, industry, or settlements; agricultural; housing several different forms. several First is the use remain regardless of ownership status, of ownership regardless use remain still be seized for illegal use. may with its categorization accordance land can fall under either public or private ownership. or private either public land can fall under existing lessees have the first right the existing lessees have that is state-owned can be transferred into private ownership if lessees receive ownership if lessees receive transferred into private can be that is state-owned Ethnographic Notes, Almatinskii Neighborhood, in Astana, Kaz. (Oct.–Nov. 2015); 2015); (Oct.–Nov. Kaz. Astana, in Neighborhood, Almatinskii Notes, Ethnographic land rights, including the ri land rights, case-targets-21-former-officials/ [https://perma.cc/N79V-RAEN]. most commonly mentioned threat to land rights—seizure for eminent land rights—seizure to threat commonly eminent for mentioned most state actors. from domain—stems Code Land Kazakhstan’s Specifically, or government, executive local grants the H 30 dachas V. owner. ultimate the Code, the Land according to that last forty-nine years. that last forty-nine process requires consent from the districtprocess requires consent from or city category of use—for example, from agricultural from of use—for example, category electoral or other direct accountability to citizens, this has predictably or other direct accountability electoral is with land associated where “everything in a situation resulted complicated.” the process as difficult, with onl be seized by district or city be seized by permission from the city or district the city from permission 39262-cin_50-1 Sheet No. 19 Side B 19 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 20 Side A 07/06/2017 10:17:34
114 116 31 31 OAD OAD
R
The land ILK , or dacha
, ICLG (May , ICLG 107 &S 6/28/2017 4:31 PM
ion was largelyion was This provides little provides This
Plot was assignation NSTITUTE vidual’s or firm’s land or firm’s vidual’s I 1, 32 (2008). (2008). 1, 32 108 At the same time, urban time, At the same 105
note 33, art. 10(1–3); Interview Interview 10(1–3); art. 33, note note 33, art. 43. 43. art. 33, note LASS
112 C AUCASUS supra supra supra
-C IDDLE bought and consolidated by former former by consolidated and bought household plots within city limits city plots within household
collective farm; though conflict did farm; collective conflict though SIA M Kazakhstan Real Estate 2016 ribution, redistributribution,
cities, private ownership cities, private is far more A Thus, most land remains in long-term in long-term land remains most Thus, p, except outside of expanding cities, expanding of outside p, except
but as cities have expanded, residents expanded, but as cities have 109 oday tends to be held in the form of limited- form the in held to be tends oday Though land rights-holders may purchase may Though land rights-holders MERGING MERGING ENTRAL E 106
Those who retained their shares later had to later had retained their shares who Those S ’ ,C
ALY 104 Many of these plots are designated for of these plots are designated Many state agency recognizes an indi agency state 113 C. D 111
Botakoz Dykanbayeva, AZAKHSTAN
still own some land, and have the right to seize additional land, and have still some own OHN OHN ,K
J (4-7-17)
Urban residents received titles orUrban to apartments received residents land where they http://www.iclg.co.uk/practice-areas/real-estate/real-estate-2016/kazakhstan see Formal rights to land begin only registration. of the moment from 110 ; ; Interviews with Experts 1 and 3, in Almaty, Kaz. (Oct. 2014, Jan. 2015). 2015). Jan. 2014, (Oct. Kaz. Almaty, 3, in 1 and Experts with ; Interviews
ROGRAM akimats P Interview with Organization 4, in Almaty, Kaz. (Oct. 2014). 2014). (Oct. Kaz. Almaty, in 4, Organization with Interview 2015). (Oct. Kaz. Almaty, 7, in 6 and Academics with Interviews Id. 2015). (Apr. Kaz. 8, in Astana, Attorney with Interview generally See Land Codeof the Republic of Kazakhstan, Id. Id. Interview with Organization 4, in Almaty, Kaz. (Oct. 2014). 2014). (Oct. Kaz. Almaty, in 4, Organization with Interview Id. Farmer with 2014); Interview (Oct. Kaz. 2, in Shymkent, Official 1 with Interview Land Code of the Republic of Kazakhstan, with Interview 2014); (Oct. Kaz. Shymkent, 2, in Official 1 with Interview
115 ...... Kazakh law stipulates that all land rights—private or otherwise (e.g., or otherwise law stipulates that all land rights—private Kazakh 109 110 111 112 113 114 115 116 104 105 106 107 108 TUDIES TUDIES ANSON FORMATTED M K tax is comprised of just 1% of the value of the land. of of the value of just 1% tax is comprised long-term leases)—mustbe long-term registered with the Ministry of Justice. rights. garden, use, not full-time residence; not full-time garden, use, residences on them. permanent built have more convert them into certificates them convert particular plots. for 2, 2016), [https://perma.cc/NJZ8-2M9B]. incentive to shift to private to shift to private ownershi incentive rise. to continue where land values already resided, and as a result, rights to a result, resided, and as already private. are usually leases from the state. the state. leases from in contrast, In common. district S liability firms (“TOO”). this practice ownership), it to private their land (transfer rare. is relatively or to the rural the lease do so because motivation residents have Few money of the land and limited payments are low tax. to payments yearly 2017 2017 Rent-Seeking Legalized farms collective originallywas to former that belonged land the 1990s, were of these as shares; many distributed t ownership directors, whose farm H Without registration, no to register incentive legal basis to land has a strong has any who Thus, anyone could respondents rural areas, and in urban do; especially it, and many decided at plenary sessions of the former sessions of the former plenary decided at 2000s. by the early completed occur at the local level duringthe local level occur at redist 1 with Official 2, in Shymkent, Kaz. (Oct. 2014). 3, in Shymkent, Kaz. (Feb. 2015). 2015). (Feb. Kaz. Shymkent, 3, in Organization 4, Kaz. Almaty, in (Oct. 2014); Farmer with Interview 1,Kaz. in Almaty, (Jan. 2015). plots for state needs. C Y 39262-cin_50-1 Sheet No. 20 Side A 20 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 20 Side B 07/06/2017 10:17:34 M K
C Y 123 Moreover, Moreover,
6/28/2017 4:31 PM
127 In such cases, such In In newly settled newly In When asked why, why, When asked 117 119 Attorneys and some and some Attorneys Under law, she had a had law, she Under
122 120 note 33, art. 43; Ethnographic Ethnographic 43; art. 33, note 128 Indeed, an attorney who who attorney an Indeed, For individuals not familiar individuals not familiar For note 33, art. 32; Author’s Survey Survey Author’s 32; 33, art. note re formal, re formal, state-law backed in disputes, even against state against even in disputes, 121 imes did not register their land. did not register imes supra y cite the need to pay bribes to pay to cite the need y
124 supra
m formal, and legal m documentation, (land act/certificate). (land the property even afterthe property notice of seizure,
Cornell International Law Journal Journal Law International Cornell 50 Vol. , or legal registration of , or legal were land, until they akt na zemlu akt na
legalizatsiia
In addition to residents in these “suburban” settlements, those settlements, “suburban” in these addition to residents In (4-7-17) 118 125 , Interviews with Landholders 7 and 8, in Astana, Kaz. (Nov. 2015). 2015). (Nov. Kaz. Astana, in 8, 7 and Landholders with Interviews , In other words, property rights requi other words, property In Attorney Interviews, all field sites; Attorney Interview 23.1, in Astana, Kaz. (Oct. (Oct. Kaz. Astana, 23.1, in Interview sites; Attorney field all Interviews, Attorney sites. field all Interviews, Attorney Id. Interview with Attorney 3, inShymkent, Kaz. (Feb. 2015). 2015). (Oct. Kaz. Astana, 23, in Attorney 1 with Interview Landof the Code Kazakhstan,of Republic Land Code of the Republic of Kazakhstan, 2015). (Oct.–Nov. Kaz. Astana, in Courts, Notes, Ethnographic Ethnographic Notes, Village, in Almatinskii Oblast’, Kaz. (Feb. 2015); 2015); (Feb. Kaz. Oblast’, in Almatinskii Village, Notes, Ethnographic 2015); (Feb. Kaz. Oblast’, in Almatinskii Village, Notes, Ethnographic 2015). (Nov. Kaz. in Astana, Neighborhoods/Villages, Notes, Ethnographic E.g. 126 ...... Even where people have not registered their land, they generally have a have generally land, they not registered their have people where Even 121 122 123 124 125 126 127 128 117 118 119 120 ANSON FORMATTED both citizens and the state acknowledge this state of affairs. acknowledge the state both citizens and means. means. fro are property Rights to derived peri-urban areas, respondents were more likely to lack these documents, and and these to lack likely documents, more were areas, respondents peri-urban 2015). 2015). Ethnographic Notes, Neighborhoods/Villages, in Astana, Kaz. (Nov. 2015). 2015). (Nov. Kaz. in Astana, Neighborhoods/Villages, Notes, Ethnographic 2015). (Nov. Kaz. in Astana, Neighborhoods/Villages, Notes, Ethnographic generally produce an produce generally H 32 landholders cited the time required to complete the registration process as the the as the registration process required to complete time the landholders cited rights. their land formalizing greatest barrier to respondents tended to cite the number of documents required, fees, and the the and fees, required, documents of number to cite the tended respondents delay. the long for offices as the reasons government multiple need to visit They tended to provide other documents, such as proof of inheritance, when inheritance, when of proof as such documents, other provide tended to They to a land plot. asserted their claim they asked how the process, it with 2–4 months. takes an additional documents legally-proscribed courts recognize failed to pay officials for state needs, seizure over case officials: in one court inheritance from garage stemmed to a rights whose to a woman compensation notarized certificate). valid, a (for which she had who obtained land through inheritance somet inheritance land through obtained who specialized in helping clients with property registration stated that she chose chose stated registration that she property clients with helping specialized in straightforward it was relatively this area of practice because and free from corruption. limited period in which limited to register formal, state-recognized documentary basis for their ownership or use their basis for ownership or use state-recognized documentary formal, claim. Only in one region did respondents regularl respondents did in one region Only functions. the above of any accomplish companies register property for landholders, and on average, indicate that indicate average, on and for landholders, register property companies to complete. 1–2 months registration required preparing to sell it (registrationpreparing and for rights a sale to be valid is required for to transfer). did not pursue did not pursue Data, in Astana & bordering districts (July–Aug. 2016); Interviews with Landowners, in in Landowners, with Interviews 2016); (July–Aug. districts bordering & in Astana Data, Notes, Courts, in Astana, Kaz. (Oct.–Nov. 2015). 2015). (Oct.–Nov. Kaz. Astana, in Courts, Notes, Almaty, Astana, and Shymkent, Kaz. Kaz. Shymkent, and Astana, Almaty, 39262-cin_50-1 Sheet No. 20 Side B 20 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 21 Side A 07/06/2017 10:17:34
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RICLEKZ RICLEKZ ’s approval; essentially, he or she ’s approval; provincial heads ( provincial AND AND erparts at the next-higher level of erparts at the next-higher akimat NOGO ], A “L ’ , including the authority to grant new to grant the authority , including the granting of land rights for mineral Surprisingly, committee are Surprisingly, members / [https://perma.cc/2LNT-G3GS] (last visited visited (last / [https://perma.cc/2LNT-G3GS] akim hose responsible for surveying and surveying for hose responsible EMEL land committee, responsible for reviewing for reviewing responsible land committee, 133 AZAKHSTAN AZAKHSTAN “Z akimat IRECTION IRECTION K authorities make decisi authorities make K ons, and operate under the local under operate ons, and
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IREKTSIIA ESPUBLIKI ESPUBLIKI R R An Essay on Main Provisions of the Constitution of Republic of Republic of Constitution the of Provisions on Main Essay An supra supra , for rural districts, and Pravovye osnovy vybornosti akimov v Respublik Kazahstan
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oblast 134 art. 9; D
STATE ONSTITUT ONSTITUT E
Interview with Attorney 12, in Shymkent, Kaz. (Apr. 2015). 2015). (Apr. Kaz. Shymkent, 12, in Attorney with Interview Interview with Official 2, in Shymkent, Kaz. (Feb. 2015). Abikenov, A. Id. 2015). (Oct. Kaz. Astana, in Courts, Notes, Ethnographic Land Codeof the Republic of Kazakhstan, Id. . . . .K .K . . . . these formal rights to property operate operate rights to property that these formal does not mean Of course, that Though this Article has referred throughout Though EAL EAL R
133 134 135 136 137 129 130 131 132 BSLEDOVANIIA BSLEDOVANIIA ANSON FORMATTED sel’skii okrug M K ( supervision. applications and providing providing applications and rights. there is a each district In (1995) (Kaz.); Ogurlu, related to “mass-scale projects,”related to “mass-scale like establishing boundaries to land. establishing boundaries level land committees are also t land committees level executive authority: national authority: executive (presidential);provincial (oblast republican significance, such as Almaty and Astana); district ( as Almaty republican significance, such significance, or provincial appointed separately fromtheir count appointed separately government ( government Department of Land Relati of Land Department free from informal influence. Most direct formal authority for administering for administering authority formal Most direct influence. informal free from the local land rights rests with land sales, seize land renewals, approve and lease extensions leases, approve of use to another. one category transfer landfor state needs, and from Dec. 14, 2016). 2016). 14, Dec. article/6858 [https://perma.cc/A7GR-3SZF] (last visited Feb. 5, 2017). 2017). 5, Feb. visited (last [https://perma.cc/A7GR-3SZF] article/6858 O 2017 2017 Rent-Seeking Legalized the with agreement an signed and she H officials tried to argue that because the property had not been registered, they not been registered, had officials tried the to argue that because property claim. the woman's upheld the judge her nothing; owed OF private private an land sales do not require for acts as the single channel appoint the next level of level appoint the next 125 (2001). (2001). 125 (Kaz.); Yucel Ogurlu, Administration and State of on Organization Kazahkstan appointees are not beholden to citizens, but beholden appointees are not hierarchy. Provincialvertical Basis for Election of Akims of KazahkstanBasis Akims of of Election for point, she was to receive co to receive was point, she clarifying the relationshi la critical for understanding state, with a vertical structure of authority. structure of state, with a vertical C Y 39262-cin_50-1 Sheet No. 21 Side A 21 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 21 Side B 07/06/2017 10:17:34 M K
- - C Y to EEDS EEDS That N akims
UDICIAL akim J /special 147
TATE TATE S
6/28/2017 4:31 PM oblast feel their rights AW AND L
LOTS FOR
PROKURORSKOJ PRAKTIKE P - ]. District authorities must ) of the court. AND AND note 33, art. 19. 19. art. 33, note L
Thus, while the structure of Thus, while eir districts, but can only 140
That registration effectively effectively That registration One respondent went so far as went respondent One PRAVKA had to pay the district court; this likely helps explain court; this likely 148 supra supra
uld not dismiss the courts’ role in role in the courts’ dismiss uld not capture of local judges by district judges by capture of local e as a far more reliable and loyal loyal reliable and more e as a far 142 144 BSERVANCE OF BSERVANCE
STVA I SUDEBNO I STVA O EIZURE OF ’ akim S predsedatel’
Unlike the system of local government, of local government, Unlike the system lly even more than formally) under the than formally) even more lly
have similar authority similar tohave district 146
Cornell International Law Journal Journal Law International Cornell 50 Vol. akims akims
NYKHUCHASTKOV DLYA GOSURDARSTVENNYKH NUZHD ZA UESTIONS OF UESTIONS ’ Q
Interestingly, this link does not necessarily extend necessarily not this link does Interestingly, Rural Rural Moreover, any reassignment of rights at this levelland reassignment any Moreover, VALUATION THEOF
143 [E 141 139
ansactions involving land occur at land involving ansactions official tr most but again, RACTICE IN IN RACTICE
and attorneys cited on average about 10% of their caseloads as 10% of their cited about on average and attorneys
P YATIYA ZEMEL YATIYA (4-7-17)
and-related disputes. and-related ’ 138 145 GODA PRAVKA O SOBLUDENII ZAKONODATEL O SOBLUDENII PRAVKA Id. 2015). (Apr. Kaz. Shymkent, 12, in Attorney with Interview dates. and sites all 1–32, Interviews Attorney Attorney with Interview 2015); (June Kaz. 8, in Almaty, Academic with Interview Attorney with Interview 2015); (June Kaz. 8, in Almaty, Academic with Interview Interview with Attorney 6, in Astana, Kaz. (Mar. 2015). 2015). (Mar. Kaz. 6, in Astana, Attorney with Interview Land Codeof the Republic of Kazakhstan, 2015). (Feb. Kaz. Shymkent, in 2.2, Official with Interview Id. 2015). (Feb. S. Kaz. Neighborhoods/Villages, Notes, Ethnographic . . .S ...... 2012–2013], at 2 (Mar. 12, 2014) [hereinafter S [hereinafter 2014) 12, 2 (Mar. at 2012–2013], This suggests principal-agent problems if we ignore courts’ role in courts’ role in ignore if we problems principal-agent This suggests
143 144 145 146 147 148 138 139 140 141 142 ROSECUTORIAL ROSECUTORIAL ANSON FORMATTED the district level.the district must be registered with district be registered with must authorities. all judges are directly accountable to the executive; the president personally the president accountable to the executive; all judges are directly (informa who are appoints all judges, close supervision of the chairman ( of the chairman close supervision 16, in Almaty, Kaz. (June 2015). 2015). (June Kaz. in Almaty, 16, 2015). (June Kaz. in Almaty, 16, PO VOPROSAM IZ VOPROSAM PO chairman further ensures that his or her court's chairman rulings comply with closely wishes). the executive's (so, national policy FROM pertaining to l compartmentalizes land rights at the lowest two levels of government. Within of government. rights at the lowest two levels land compartmentalizes or direct information limited have executives higher-level box,” this “black involvement. or companies rights. Where individuals enforcing property have been violated, they can pursue a case in been violated, have land. the official took empty why above mentioned of The sheer number we sho that civil cases suggests land-related these disputes. between cases 1,198 on courts ruled official calculations, By 2012–2013, 2012–2013 2012–2013 P exploration), H 34 further upwards in the power vertical. Land is incorporated into the national vertical. in the power further upwards Land level. at the district registration system courts echoes that of executive government, district,with government, courts echoes that of executive agent. that the acknowledge experts These has assert that this phenomenon but occur, officials does or provincial status city, and national levels, courts serv and national levels, status city, within the narrow geographic bounds of th geographic the narrow within recommend seizure for misuse or state needs. or state for misuse seizure recommend to highlight thisto highlight specifically: the rural look the other way when he took unused land and re-registered it look the other wayin familywhen he took unused land and re-registered members’ names. provide approval. provide 39262-cin_50-1 Sheet No. 21 Side B 21 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 22 Side A 07/06/2017 10:17:34
155 35 35 to task to task
At the same same the At
6/28/2017 4:31 PM This law was akimat Knowing that that Knowing 152 153 151 ct top-level practice. top-level ct the district court where court where district the er time is not available, er time is not available,
to drain the state budget” by monitoring institution. other monitoring In ?!” and chastised their attorney for chastised their attorney ?!” and especially those concerning seizure those concerning seizure especially op-level mandates concerning land concerning op-level mandates are paid directly from the republican republican the from directly paid are by higher-level courts has made lower made courts has higher-level by in another, he threatened to open an an to open in another, he threatened on of a portion of the Europe-China on of a portion of the Europe-China judges sometimes took the judges sometimes akimat
able agents of the central regime. regime. able agents of the central observation suggested a regular pattern in suggested observation e heterogeneity of property rights insecurity of property e heterogeneity ings that challenge or contradi ings that challenge
Land disputes are first heard in are first heard disputes Land 150
do they work in the they do (4-7-17) , Interview with Attorney 23, in Astana, Kaz. (Oct. 2015). 2015). (Oct. Kaz. Astana, in 23, Attorney with Interview ,
While data on compensation offered ov compensation on While data Moreover, the relatively open appeals system means that higher that means system open appeals relatively the Moreover, 154 Courts may serve powerful local officials’ interests, but only appear interests, serve powerful local officials’ but only may Courts 149 Interview with Academic 8, in Almaty, Kaz. (June 2015); Interview with Attorney Attorney with Interview 2015); (June Kaz. 8, in Almaty, Academic with Interview 2015). (Nov. Kaz. Astana, in Courts, Notes, Ethnographic Id. 2015). (Oct. Kaz. Astana, in Courts, Notes, Ethnographic Interview Appraiser with 7, in Kaz. Almaty, (Dec. 2015). Id. See, e.g. 2015). Nov. and (Oct. Kaz. Astana, in Courts, Notes, Ethnographic
exactly
156 ...... What, then, comprises existing t comprises What, then, Indeed, during court sessions, sessions, during court Indeed, 149 150 151 152 153 154 155 156 ANSON FORMATTED M K words, judges appear to act as reli to act as judges appear words, rights? th for And what accounts related to land? related to land? need to understand we these questions, address to order In take. what shape the threats to land rights commonly exactly issue. p-down mandates. Furthermore, their Furthermore, mandates. those do not contradict top-down to do so when self- as a largely courts serve structure means their decisions are likely to be checked likely their decisions are courts hesitant to make rul courts hesitant to make Local officials may exert informal influence over cases, but they are unlikely they cases, but influence over exert informal officials may Local central policy. or conflicts with that challenges to do so in a way asked the judge case, one In conduct. unprofessional or for through rulings “How failure to provide basic documents; basic documents; failure to provide for their conduct. the department case against administrative courts “check” the degree to which lower courts’ decisions align with decisions lower courts’ to which degree the courts “check” the land under dispute is locatedthe land entities, cases between legal (or, for in special inter-district with courts), but if either economic that is party unhappy can (andthe appellate decision, they case through often do) pursue the court's capital, Astana. in the Court Supreme the up to courts and attorneys were consistent in characterizing previous compensation as fair. compensation consistent in characterizing previous were attorneys 16, in Almaty, Kaz. (June 2015). 2015). (June Kaz. in Almaty, 16, drafted on direct order of the President in response to excessive payments for payments drafted on direct order of the excessive in response to President land seized during the constructi highway. budget. 2017 2017 Rent-Seeking Legalized judges that now significantly declined H time, both interviews and court both interviews time, legal rulings surrounding land disputes, legal rulings surrounding land disputes, for state needs. as well as a Property, on State Law the 2011 reflected These “not central government reported order from of seized land. to owners compensation too much providing Yet following the law’s introduction, the amount offered ceased to reflect to ceased offered amount the introduction, the law’s Yet following this the dollar compounded rates vis-a-vis prices; falling exchange market executive demands. executive C Y 39262-cin_50-1 Sheet No. 22 Side A 22 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 22 Side B 07/06/2017 10:17:34 M K
- C Y 161
Among Among Legal Legal as one of as one 162 157 6/28/2017 4:31 PM akims outright seizure 164 Astana: City for the for City Astana: [ (last visited Dec. 14,(last visited Dec. Allocation insecurity 165 While seizure by neighbors or While seizure by legal insecurity, it was rarely legal insecurity, 163 The first four boil down to conflict to conflict boil down first four The dly expanding cities, and in areas cities, and in areas expanding dly In other words, they occur under occur under they other words, In
d not simply appear and demand that that demand appear and simply d not 159 ral value of land are high. (3) double-issue of land rights or other or land rights of (3) double-issue
ation. Even cases of cases ation. Even varied between North between and South: in the varied
note 4. note
Astana: Gorod ili Gorozhan? Gorozhan? ili Gorod Astana:
Cornell International Law Journal Journal Law International Cornell 50 Vol.
e population pressures on land are higher and higher are on land pressures e population /land committees, and individuals/companies. /land committees, , and this characterization is reflected in court reflected in court is , and this characterization (2016), http://rus.azattyq.org/a/azattyqlive-astana-gorod supra e needs; has not been used (2) seizure of land that [https://perma.cc/T8LV-UKAT] [https://perma.cc/T8LV-UKAT] akim
akimats Attorneys citedAttorneys consistently six primary threatsto land ZATTYK ZATTYK A
158
(4-7-17) ADIO Svetlana Glushkova, Glushkova, Svetlana Most common are cases concerning seizure for state needs, and state seizure for cases concerning are Most common
160 ], R ], Id. (2014–2015). sites field all 1–32, Interviews Attorney Court Data, Supreme Id. (Sept.– Kaz. Districts, Esilskii and Almatiskii, Astana, in Notes, Ethnographic 2015). (Apr. Kaz. Shymkent, 14, in Attorney with Interview with Interviews 2015); (Feb. Kaz. in Shymkent, 2–3, Landholders with Interviews (2014–2015). sites field 1–32, all Attorneys with Interviews See See
...... Threats to Land Rights to Land Threats Nonetheless, all those interviewed cited seizure by local all those interviewed cited seizure by Nonetheless, Interestingly, allInterestingly, four officials local threats involving are best Property rights Property relatedinsecurity different to land takes several forms in 158 159 160 161 162 163 164 165 157 ANSON FORMATTED Nov. 2015). 2015). Nov. 2015). (Sept.–Nov. Kaz. Astana, in 4–8, Landholders infrastruktura/28105325.html Citizens? 2016). 2016). remained at the top of the list these were asked to consider remained when they are between district are between district VI. H 36 with the district/city dockets. the most prevalent concerns surrounding land rights; the number one in the one number prevalent concerns surrounding land rights; the the most three in the South. the top North, and among individuals vacate the premises, but instead were careful to cite either state to cite either state careful were but instead the premises, vacate individuals with its designation. in accordance use land or failure to needs characterized as allocation insecurity. insecurity. characterized as allocation existing legisl by conditions allowed officials di pretense; operated with legal agricultural land is more valuable, it was far more common. valuable, it was far more agricultural land is more other citizens falls under the category of the category other citizens falls under in interviews.mentioned Yet this last, or failed to mention legal insecurity either mentioned North, respondents wher it at all; in the South, insecurity—insecurity stemming from violations of the law—related to land to of the law—related violations from stemming insecurity—insecurity with allocation overlaps and where it does occur, limited, appears far more insecurity. for land compensation fail to provide officials may example, For for state needs. seized under legal grounds rights: (1) seizure for stat rights: (1) seizure terms; lease the specified according to rights; lease or prolong to renew (4) refusal rights; land in assigning errors and (6) seizure gorization of land; to change the cate (5) issues with requests land. other individuals’ of neighbors’ or the former are Almaty, Kazakhstan’s “commercial capital,” actual and the “commercial Kazakhstan’s are Almaty, the former capital, Astana. Kazakhstan. Predictably, news reports suggest that it is concentrated in areas areas in concentrated that it is reports suggest news Predictably, Kazakhstan. around rapi are high: values land where agricultu and population density where 39262-cin_50-1 Sheet No. 22 Side B 22 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 23 Side A 07/06/2017 10:17:34
/ 167 169 37 37 UROPE Again, E REE F 168 engineering- 6/28/2017 4:31 PM
ADIO over changes to the changes over ,R RFE/RL’s Kazakh Service, RFE/RL’s see ion of roads, While these requirements may While these requirements Often this construction does not Often this construction note 33, art. 84(1). 84(1). art. 33, supra note Legally, these seizures require theseseizures require Legally, ’s office then finds itself the owner the owner finds itself ’s office then nquish the entire plot), these claims claims entire plot), these nquish the The difference lay in its prevalence. lay difference The for seizure of an entire plot for, say, 174
175 Indeed, the failure to mention it first mention failure to the Indeed, 166 akim
173 172
nd objects needed for state programs designed to for state programs nd objects needed Conversations with landholders echoed attorneys’ attorneys’ with landholders echoed Conversations
170 When landholders asked to relocate their homes to to relocate their homes asked When landholders 176
(May 21, 2016), http://www.rferl.org/a/kazakhstan-protests 21, 2016), (May
https://perma.cc/RKG3-ZE8V] (describing protests (describing https://perma.cc/RKG3-ZE8V] (4-7-17) In the South, this to rural areas issueIn is exacerbated, and extends 171 IBERTY
Ethnographic Notes, in Astana, Almatinskii District, Kaz. (Oct. 2015). 2015). (Oct. Kaz. District, Almatinskii Astana, in Notes, Ethnographic 2015). (Apr. Kaz. Shymkent, 10, in Attorney with Interview 2015). (Apr. Kaz. Shymkent, 12, in Attorney with Interview Land Codeof the Republic of Kazakhstan, 2015). (Apr. Kaz. Shymkent, in 11, 10 and Attorney with Interview Id. Id. 2015). (Apr. Kaz. 8, in Astana, Attorney with Interview Id. Id. Interviews with Attorneys 16, 25–31, Almaty, Kaz. in (June 2015, Dec. 2015); L ...... This qualitative data shows that most insecurity comes in technicallyinsecurity data shows that most This qualitative 171 172 173 174 175 176 166 167 168 169 170 ADIO ANSON FORMATTED M K Attorneys 4–5, 23–24, in Astana, Kaz. (Apr.–Dec. 2015); 2015); (Apr.–Dec. Kaz. Astana, in 23–24, 4–5, Attorneys Kazakh Journalists, Activists Detained and Websites Blocked Websites and Detained Activists Journalists, Kazakh Interviews with Attorneys 9–12, 14, in Shymkent, Kaz. (Apr. 2015); Interviews with with Interviews 2015); (Apr. Kaz. Shymkent, in 14, 9–12, Attorneys with Interviews 27748591.html [ 27748591.html land code and accompanying land seizures). however, the kinds of insecurity that his clients face have not changed. have his clients face that of insecurity the kinds however, appear strict, eminent domainappear strict, eminent laws allow expansion or construction of a roadway. of or construction expansion legal forms; “complications” occur under the umbrella of the law, especially umbrella under the “complications” occur legal forms; domain). (eminent for state needs “exceptional circumstances,” including construct including “exceptional circumstances,” communications networks, a networks, communications serve the public good, such as schools. such good, the public serve due to higher population pressures. In Astana, disputes over seizure were so common in the late seizureso common Astana, 1990s and early disputes over were In one there from was relocated after the capital Almaty––that 2000s––shortly attorney worked cases for several on such years. long-practicing solely in the South may be due to greater political sensitivity surrounding political sensitivity to greater be due may in the South bitter issue” and “very called it a respondent there; one seizures government scared.” here are noted that “people R 2017 2017 Rent-Seeking Legalized years. ten and past five the in concerns H occupy the full physical plot, the full physical and the occupy that it then has the estate bordering real valuable the roadway—land of very to sell. authority evaluations: in the few remaining single-housing neighborhoods in Astana’s in neighborhoods single-housing in the few remaining evaluations: were not already in the process whose homes center, homeowners those city to be likely were that they cognizant extremely were of being seized midst were in the interviewed of court cases over Many threatened soon. seizure. accommodate the roadway (but not to reli the roadway accommodate Today, only about 15–20% of his cases are related toof his cases are about 15–20% land. only Today, practicing began who as those as well and Shymkent, in Almaty Attorneys especiallystressed allocation insecurity, heavily in Astana recently law more seizure for state needs. C Y 39262-cin_50-1 Sheet No. 23 Side A 23 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 23 Side B 07/06/2017 10:17:34 M K
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and ] art. ] art. ] art. 183 note 33. note 33. note However, However, . https://perma
[ When asked When asked 6/28/2017 4:31 PM it remains on it remains 181 supra supra supra Nazarbayev said Land Code of the of Code Land ONSTITUTION ONSTITUTION Detained Another Another Detained [ [ Specifically, the Specifically, contradicts both. 184 179 ] [C ] [C ] is way helps lower 180
.KZ (Dec. 13, 2015), 2015), 13, (Dec. .KZ .RK .RK - http://www.nur.kz/839878
UR
ONST ONST K K ]; https://perma.cc/H792-4DWY ], N [ [ (official) in this system help (official) in this system compensation.
push that has the arrest of led to At the same time, the regime relies
Technically, seizures as these such Technically, framework in th ionships for its continued rule—and w on State Property Property on State w azakhstan’s code-law system, judges judges system, code-law azakhstan’s In Kazakhstan’s legal both hierarchy, In Kazakhstan’s 185 ool for managing state reimbursement stateool for reimbursement managing
178 cases within the relatively broad terms broad terms the relatively cases within operty contradicts others, operty offered should be equivalent to the sale equivalent be should offered urality, and judges appear to pick and urality,
AZAKHSTAN AZAKHSTAN 182
K K
chinovnik chinovnik calculating note 69. note .KZ (Aug. 4, 2015), 2015), 4, (Aug. .KZ Cornell International Law Journal Journal Law International Cornell 50 Vol. UR
supra note 33, art. 84 (showing the broad nature of the Kazakh Kazakh the of nature broad the (showing 84 art. 33, note
Landof Code the Republic of Kazakhstan, Landof Code the Republic of Kazakhstan, ESPUBLIKI ESPUBLIKI ], N ], R R A A ࢎ ࢎ supra SII SII ࢎ ࢎ see also see also Similarly, large swaths of land have been seized for state for seized been have land of large swaths Similarly, Zaderzhan eshe Odin Zamestitel’ Akima Kostanaya Kostanaya Akima Zamestitel’ Odin eshe Zaderzhan
and regional executives. (4-7-17) , 177 ONSTITUT ONSTITUT
K K Id. See See Ethnographic Notes, Courts, in Astana, Kaz. (Oct.–Dec. 2015). See, e.g. Interview 1 with Attorney 23, in Astana, Kaz. (Oct. 2015). 2015). (Oct. Kaz. Astana, 23, in Attorney 1 with Interview 2015). (Sept. Kaz. Astana, in District, Esilskii Notes, Ethnographic 2015); see (Dec. Kaz. 25, in Almaty, Attorney with Interview onLaw StateProperty, ...... Remaining within the formalRemaining legal The latter refers us back to the 2011 Law on State Property, which Property, which on State Law 2011 the to back The latter refers us 181 182 183 184 185 177 178 179 180 ANSON FORMATTED the books and provides judges a legal t a judges the books and provides seized. for property governs compensation in cases of seizure for state needs. compensation governs on a complex web of patron-client relat on a complex zaderzhan-eshche-odin-zamestitel-akima-k.html [ zaderzhan-eshche-odin-zamestitel-akima-k.html cc/VK4T-76VF]. law stipulates that the compensation that the compensation stipulates law of price listed on the last or purchase agreement. sale agreement satisfy legal requirements, and under K and under legal requirements, satisfy such basis for decide the legal must defined by the law—and directives that come from above. from that come law—and directives the defined by the risk associated with seizures. Kazakhstan’s central government has made has the risk associated with central government made seizures. Kazakhstan’s a priority, curbing corruption a prominent what explained the apparent lack of consistency in how compensation is compensation in how consistency lack of the apparent explained what a grimace. As responded with generally mentioned attorneys determined, Pr on State earlier, the Law although district several this is in conflict with Kazakhstan's Land Code and Constitution. While the While Constitution. and Code Land Kazakhstan's with conflict in is this price, the latter to the market equal prevailing specifies compensation former compensation.” calls for “equivalent needs for the construction of a kindergarten, but the proposed school occupies occupies school proposed the but kindergarten, a of the construction needs for will be remainder the under seizure; property part of the a small only complexes. apartment into developed were denied. were H 38 Nazarbaev Rasskazal Kazakhstantsam, Pobedit’ Kak Korruptsiu 26 § 3 (1995) (Kaz.); 26 § 3 (1995) (Kaz.); Kazakhstan Peopleto Tackle How Corruption the rents derived from being a from the rents derived the Constitution and Land Code rank higher than any individual law, individual any than higher Code rank and Land the Constitution Deputy Akim of Kostanai of Akim Deputy http://www.nur.kz/985704-nazarbaev-rasskazal-kazakhstancam-ka.html Republic of Kazakhstan, code). land on the question of compensation, the La the compensation, of question on the a As in force. continues to remain Property State on the Law Nevertheless, result, there is an effective legal pl to use when law choose which 39262-cin_50-1 Sheet No. 23 Side B 23 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 24 Side A 07/06/2017 10:17:34
39 39 2015, YNAMICS
D
6/28/2017 4:31 PM local officials EGIME as amended amended as R 189 to appeal court rulings,
URASIAN azakhstan [GPK RK] [Code of :E , or 1/100 of a hectare, was was hectare, of a 1/100 or , As a result, not only does the does As a result, not only allows for a rightallows of universal OLITICS 187 P sotok spubliki K spubliki
ise vulnerable individuals, who are who individuals, ise vulnerable
ven their direct accountability to the their direct accountability ven n budgets drained by compensation, compensation, by drained n budgets
gal means) is simply time and effort. gal means) target for seizures. be Costs tend to cial means to pursue cases to their cases pursue to cial means ment for land ratherment than returning it Laws are promulgated at the highest highest the at promulgated are Laws
186 ATRONAL ATRONAL ,P fee to appeal is based on the total value of the value on the total to appeal is based fee
. ALE 188 (2015). (2015). H
ɌKH officials do not need to pay note 86 ENRY 192 193 H
The greatest transaction cost besides risk to their position The greatest transaction cost besides supra ERSPECTIVE
P
(4-7-17) 191 and as long as they can provide evidence that their seizure satisfies that their seizure satisfies evidence can provide they long as and as See generally generally See Interview with Official 3, in Astana, Kaz. (Dec. 2015). 2015). (June Geographer Political with Interview 2015). (June Kaz. Almaty, 16, in Attorney with Interview 2015). (Dec. Kaz. Almaty, 25, in Attorney with Interview Re Protsessual’nui Kodeks Grazhdanskii 2015). (Dec. Kaz. Astana, 24, in Attorney with Interview 190 .Yeomans, . . .Yeomans, . . . . . Thus, in economic terms, transaction costs associated with seizure and with seizure and associated transaction costs terms, in economic Thus, That said, local officials seek to lower even those costs. One way of those costs. One way even That said, local officials seek to lower OMPARATIVE C 186 187 188 189 190 191 192 193
ANSON FORMATTED M K and if they keep compensation keep the limits within centrallyand if they communicated by low. By remains these officials that seizures pose to law, the risk imposed who pass it to developers, land and seize who acting as middlemen tied to the regime, to be intimately are rumored themselves retaining land are limited when officials remain within this In legal bounds. see their ow do not regard, local officials executive, are already predisposed to support the state—are unlikely to rule to rule predisposed the state—are unlikely are already to support executive, against them. basic tenets of the law, courts—which, gi courts—which, basic tenets of the law, IN whereas citizens do. 2017 2017 Rent-Seeking Legalized loyalty. officials’ local underpin H (which again, is mitigated by again, is choosing le (which mitigated If the property is valuable enough, even time spent defending against against spent defending time even enough, is valuable the property If legal challenges will be insufficientsuccessive to deter because the seizure, levels of Kazakhstan’s government, which justifies officials’ which justifies to seize ability government, of levels Kazakhstan’s of the because terms, in legal of allocation insecurity forms other or conduct associated with theirlower risks “staying legal” is low- activities. Moreover, for lands (even for state needs seized if those needs are cost; compensation from central state budget. the local) comes stand to make a great deal of money for themselves. Staying within the law within Staying for themselves. money a great deal of stand to make to bring lawsuits in civil do not pay low. They costs keeps their transaction court, law provide officials a way tolaw provide justify to citizens, to superiors and their actions selling,it also costs say, from profits to be made them nothing—and the for Astana, In enormous. can be road-side property commercial “new” Civil Procedure of the Republic of Kazakhstan] art. 332 (1999), (1999), 332 art. Kazakhstan] of Republic the of Procedure Civil http://online.zakon.kz/Document/?doc_id=1013921 [https://perma.cc/Z4XC-JMNZ]. [https://perma.cc/Z4XC-JMNZ]. http://online.zakon.kz/Document/?doc_id=1013921 outcome is to be likely most outcome higher pay to the original owner/lessee. theydoing so is to take into account who especially low involving poor or otherw or poor involving low especially less likely to have the time and finan and the time to have less likely conclusion. Kazakhstan though even And appeal in civil cases, appeal in civil example, the average price for a single price the average example, $8,340 at the close of 2014. at the close of $8,340 C Y 39262-cin_50-1 Sheet No. 24 Side A 24 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 24 Side B 07/06/2017 10:17:34 M K
C Y 203 but in 204
6/28/2017 4:31 PM
, Letter K-387-3T (Aug. (Aug. K-387-3T Letter ,
hurdles. If officials hurdles. If This land can then be be land can then This note 33, art. 3; Akimat of the of Akimat 3; art. 33, note ders interviewed inherited inherited ders interviewed note 33, art. 3. art. 33, note 199 (summer cottage) or garden or garden cottage) (summer lease dacha/garden land, they Official correspondence cited supra supra
supra supra
201 dachas dachas
cities bought this land because it was it was because this land cities bought 200 note 197. . arly well-located properties, can result well-located can result properties, arly Land designated for dachas and gardening and gardening designated for dachas Land or courts who can advocate informally on informally advocate can courts who or supra supra Not only is Not pricethe only but also lower, market gnation has been changed––authority which changed––authority gnation has been 202 akimat Cornell International Law Journal Journal Law International Cornell 50 Vol. 198
ficant political and economic ficant political and akimat akimat
Many individual landhol individual Many 194 and as outlined previously, transferring land to another to transferring land previously, outlined and as 197
(4-7-17) Department of Internal Policy of the City of Astana of City of the Policy of Internal Department 195 (emphasis added). added). (emphasis Permanent residence on such land is outside the legal use of land in use of land the legal such land is outside Permanent residence on Ethnographic Notes, Courts, in Astana, Kaz. (Oct.–Nov. 2015). 2015). (Oct.–Nov. Kaz. Astana, in Courts, Notes, Ethnographic Id. Land Code of the Republic of Kazakhstan, 2015). (Oct.–Nov. Kaz. Astana, in Courts, Notes, Ethnographic 2015). (Mar. Kaz. 6, in Astana, Attorney with Interview Land Codeof the Republic of Kazakhstan, Astana, of City the of Akimat Id. 2015). (May Kaz. 2, in Astana, Appraiser with Interview 2015). 25, (Sept. Journalist with Interview Id.
196 ...... One recent case in Astana involved several poor families who had their poor families had their who several involved Astana One in case recent The conditions attached to different land categorizations further lower further lower land categorizations to different attached The conditions 195 196 197 198 199 200 201 202 203 204 194 ANSON FORMATTED individuals. conveniently also lies with the conveniently ties with someone in the ties with someone their behalf. targets. other words, easy in are, They is therefore not It for appears greater insecurity surprising that land these already-vulnerable resold or re-leased after its resold or re-leased desi City of Astana, Astana, of City author). with file (on 2014) 11, their property or purchased it before huge increases in land value. This is value. increases in land it before huge or purchased their property to an led there has capital of the the transfer where Astana, true in especially tend to be such individuals Nevertheless, in land values. upswing enormous are hard- pensioners who or of lower-income, families, working comprised fees for an attorney. pay pressed to are also They less likely personal to have cannot be used for permanent habitation, which makes it much cheaper. much it makes habitation, which permanent used for be cannot the fact that they were (contrary to the law) illegally residing full-time on land residing to the law) illegally full-time were (contrary the fact that they purpose. designated for another disputed property, which for particul which property, disputed sum. in a substantial H 40 homes and land seized by the state. Although they pressed their case as far as far pressed their case they theAlthough state. by seized and land homes lost. ultimately Court, they as the Supreme Many individuals relocating to major individuals relocating to major Many the only affordable option and turned it into their affordable option and turned it into homes, the only year-round that designation, the building’s value is miscalculated as the price will only reflect the value of the value reflect will only price as the is miscalculated the building’s value cement). lumber, (i.e., composition its material then pay a much lower price. a much then pay categorization poses signi categorization poses or own who individuals seize land belonging to the cost for officials. officials. the cost for dwellings have permanent expanded, have cities As “ designated for on land built often been doing so, they broke the law, and thus became vulnerable to seizure for to seizure for vulnerable became and thus broke the law, they doing so, that found this case, reporters In state needs. use in addition to improper had sprung for the seizure) new developments to the cited reasons (contrary use.” 39262-cin_50-1 Sheet No. 24 Side B 24 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 25 Side A 07/06/2017 10:17:34
207 41 41
Land Land akimat 209 Multiple 208
6/28/2017 4:31 PM ion of private ion of private s being targeted occur.
not the construction of a major, a major, the construction of (land appraisers) to inflate (land appraisers) s. Courts to protectstrive the ices from draining the central draining the central ices from ndates to limit compensation paid ndates to limit compensation
rginalization of already-vulnerable
not run counter to central authorities’ to central not run counter note 197. ion, there also exists a lower bound on a lower ion, there also exists ween informal power structures and power structures ween informal e driving question of the paper: how do question of the do paper: how e driving
ures) to create severe land insecurity for land insecurity severe ures) to create low-resource individual low-resource supra supra
been residing illegally, and those officials officials those and illegally, been residing They cited informal cited from pressure the capital’s They ated rent-seeking should ated rent-seeking crossing Kazakhstan's southern regions. crossing Kazakhstan's
205
had courts consistently enforce. Thus, threats to property threats to property enforce. Thus, courts consistently
Even though the ultimate reason for seizure had been had reason for seizure the ultimate though Even
’ collaboration with otsenschiki ’ collaboration 206 (4-7-17) akims Id. Id. Astana, of City the of Akimat with Interviews (Dec. 2015); Kaz. Almaty, 7, in with Appraiser Interview with Interviews (Dec. 2015); Kaz. Almaty, 7, in Appraiser with Interview to rule against the dispossessed landowners; the dispossessed to rule against personal influence that . . . . . How Law Matters Though these threats emerge and are settled at the local level, they are they level, and are settled at the local these threats emerge Though This section returns directly toThis section returns directly th 205 206 207 208 209 ANSON FORMATTED M K akim with the formal interacted in that office vested authority (for transferring seiz initiating of land, categorization poor families. Attorneys 9 and 13, in Shymkent, Kaz. (Apr. 2015). 2015). (Apr. Kaz. Shymkent, in 13, 9 and Attorneys 2017 2017 Rent-Seeking Legalized instead. that location up in H Threatening land security among vulnerable populations vulnerable like these is, among security Threatening land falsified, the families the families falsified, the to belonged laws occupancy enforcing for responsible in the first place. for state needs which initiatedadministration, the seizure international transit corridor prices for land seized for state needs, specifically, prices for land seized for state needs, specifically, sources involved in itssources involved creation stated that the law was developed in response to local interests, namely, their interest in not draining the central budget. That law budget. central their interestnot draining the in interests, namely, president’s as authority the informal by introduced a clear mandate—backed land-rel patron—for how key central budget, but where that prerogative does not conflict with local conflict with not does prerogative that where but central budget, officials’officials’ actions, local are prioritized rights over citizens’ rights to a point. next sect in the As addressed officials’ actions that from interactionsrights emerge bet rules at differingformal state levels of official authority. legislation Formal rent- balance their officials that for local “tools” and creates guidelines these pract to prevent seeking with the need This results in vulnerable, budget. for expropriation. central ma particular, In of the population. segments VII. consequently, low-cost but high-gain for local officials. for local officials. but high-gain low-cost consequently, and court by centrally laws imposed informed the central budget from of this insecurity burden shifted the for seizures have the for acceptable and “legal” become has Corruption citizens. to individual but at the cost ofregime, further ma property. The introduction of the law on state property shows that this rent- on state property the law The introduction of property. that does occur in a way seeking must law and courts matter for property rights security? We see this most clearly rights security? this most for property We see law and courts matter for state expropriat to the issue of compensation when it comes C Y 39262-cin_50-1 Sheet No. 25 Side A 25 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 25 Side B 07/06/2017 10:17:34 M K
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(1/100 If local local If 211 sotok 6/28/2017 4:31 PM note 76. note A judge advised advised judge A
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214 supra supra The combination of combination The came the from directly came 210
tion was to be calculated in to be calculated tion was article 67 of the Law on State the Law article 67 of 216
the argument that land appraisers’ appraisers’ land that argument the the “Law of Bureaucrats.” Frightened “Law the note 69; Ryskalievich, Ryskalievich, 69; note Constitution, which guarantees “equivalent “equivalent guarantees Constitution, which e same neighborhood as the one in question: one in question: as the neighborhood e same supra
pressure appraisers, those values take on a values appraisers, those pressure
Cornell International Law Journal Journal Law International Cornell 50 Vol. . accepted methodologies. accepted The attorney had raised the example had raised the The attorney of a nearly https://www.interfax.kz/?lang=rus&int_id=quotings_ https://www.interfax.kz/?lang=rus&int_id=quotings_ (2015), note 145 note 215 V srede otsenschikov etot dokument nazyvaut zakonom ispugannykh ispugannykh zakonom nazyvaut dokument etot otsenschikov srede V
supra supra , (4-7-17) NTERFAX NTERFAX Funds for the transportation project Funds Among Appraisers, This Document is Called the Law of Frightened of Frightened Law the Called is Document This Appraisers, Among [ Law onLaw StateProperty, ], I ], 212
PRAVKA Interviews with Appraisers 1–5, in Astana, Kaz. (May 2015). 2015). (May Kaz. Astana, in 1–5, Appraisers with Interviews V. Pokusov, See 2015). (Dec. Kaz. Astana, in Courts, Notes, Ethnographic Id. Standardt Otsenki, Otsenka Stoimosti Nedvizhimogo Imuschestva Imuschestva Nedvizhimogo Stoimosti Otsenka Otsenki, Standardt . .S . . . . . Because Kazakhstan does not use common law (and has abolished its abolished its has (and law use common not does Kazakhstan Because Attorney for landholder: They appraised it well, yes? yes? it well, appraised They landholder: for tenge. Attorney 135,000,000 appraisal. expert’s the that's Well, akimat: for Attorney akimat. in the sister a have they that heard I landholder: for Attorney different? somehow is plot the Maybe akimat: for Attorney [Street on not It’s Name]? there. exactly it’s No, landholder: for Attorney 211 212 213 214 215 216 210 ANSON FORMATTED Bureaucrats among many appraisers, errors, and room for subjective judgment—means judgment—means for subjective errors, appraisers, room and many among significantly differ landfor may that appraisals plot. the same against using this legal tactic in a case where neighbors with identical Court Supreme The different compensation. significantly received property issued guidance that compensa had previously accordance with the Law on State Property, and “it wasProperty, better to take the on State with the accordance Law and leave.” money chinovnikov, http://kazprice.com/ http://kazprice.com/ (2013), Property] Real of Value Evaluation Assessment, [Standard Attorneys 9 and 13, in Shymkent, Kaz. (Apr. 2015). 2015). (Apr. Kaz. Shymkent, in 13, 9 and Attorneys appraisal at market value takes into account numerous factors and legally, can and legally, factors numerous into account takes value at market appraisal different rest on three H 42 identical land plot located in th identical land plot located in multiple methodologies—a relatively low level of professional training of professional low level relatively methodologies—a multiple udges can pick and choose statutes that provide that provide statutes pick and choose can judges Constitutional Court), court, terms In officials with favorable within while still remaining the law. raise often and individuals attorneys point 2, under calculation of compensation Property violates ArticleProperty 26 of the use. public for expropriation of in cases compensation” officials collaborate with orofficials hue. and suspect subjective particularly conducted the appraisals A report on exhibitgross errors, with project found thatfor the transportation most per appraised at $6,000 land being instances of low-value hectare). central budget. and there was vanished for the highway money the When an demanded steppe, authorities empty little it beyond for show to introduced and quickly investigation standart-otsenki-otsenka-stoimosti-nedvizhimogo-imushchestva standart-otsenki-otsenka-stoimosti-nedvizhimogo-imushchestva [ JZHY]. of_the_day&news_id=5215 [https://perma.cc/2GQZ-JX88]. [https://perma.cc/2GQZ-JX88]. of_the_day&news_id=5215 39262-cin_50-1 Sheet No. 25 Side B 25 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 26 Side A 07/06/2017 10:17:34
43 43
As one A physical A physical 220 6/28/2017 4:31 PM 217
land and housing, they and housing, land
room dwellings, often without room ion, while the individual in the the individual ion, while aim that the neighboring plots were were plots the neighboring that aim those individuals whose land have land have whose those individuals barring some informal, personal informal, barring some All this suggests that local officials equivalent housing (as specified in in housing (as specified equivalent appeared largely identical in location, location, identical in largely appeared Moreover, in court cases where local cases court in Moreover,
221 Yet, the neighbor reportedly received the received reportedly Yet, the neighbor 223 ably and quickly enforced: “it goes [and enforced: and quickly ably ).” 218 al position and without e in highly only rights. Certainly, their property Attorneys confirmed that in cases between state officials and between state that in cases confirmed Attorneys
(4-7-17) 222
This difference stemmed from distinct ways that legal and informal that legal distinct ways and informal from difference stemmed This
to immediately release to funds to immediately Id. 2015). (Dec. Notes Field and Observation Author’s 2015). (Dec. Kaz. Astana, in Courts, Notes, Ethnographic with Interviews 2015); (Oct. Kaz. Astana, 23, in Attorney 1 with Interview 2015). (Nov. Kaz. Astana, in Courts, Notes, Ethnographic 2015). (Nov.–Dec. Kaz. Astana, in Courts, Notes, Ethnographic 2015). (Dec. Kaz. Astana, 24, in Attorney with Interview 219
...... Judges consistently emphasize the need—once a ruling is made—for the a ruling is emphasize the need—once made—for Judges consistently The above example suggests that suggests example The above 217 218 219 220 221 222 223 ANSON FORMATTED M K been seized. citizens, court decisions were reli citizens, court decisions were they’re fulfilled] sufficiently well if they’re state cases—if they’re private, private, fulfilled]they’re sufficiently state cases—if they’re well if they’re it’s difficult (slozhnui sometimes connection that can be translated into “telephone justice” (or, perhaps, the the justice” (or, perhaps, into “telephone be translated can connection that will alwaysjudge), individuals abilityto bribe the lose in court battles against local officials who violat are and they to keep their property, they manage exceptional cases will for their land. value a fair market to receive unlikely results in acute This or wealth already who lack connections because most insecurity, property exist in a precarious financi become further marginalized. Most times, the sums offered are insufficient the sums Most times, further marginalized. become land prices and High equivalent in an urban area. remotely anything to buy that families into far smaller are forced to either move rents in the citymean house into single- an entire dwellings—from kitchen appliances (and no funds left to purchase those)— or bathroom any schools. jobs and their current from far removed or to villages ensate landholders at all, such as the seizure of the of the as the seizure at all, such ensate landholders officials had failed to comp always win. This, however, does not mean that law sets no bounds on how how on bounds no sets that law not mean does This, however, win. always do so. they akimat Landholders 4–6 and 9, in Astana, Kaz. (Sept.–Oct. 2015). 2015). (Sept.–Oct. Kaz. Astana, 9, in and 4–6 Landholders 2017 2017 Rent-Seeking Legalized the cl refuted landholder the of Neighbors different vastly enough” to warrant “different appraisals. H the Constitution and Land Code)—we’re going from better to worse from going Code)—we’re and Land the Constitution conditions. street.” the We’ll be on landholder decried in court, “[t]his isn’t court, in landholder decried equivalent of close to $500,000 in compensat in of close to $500,000 equivalent (26,000,000 amount than a quarter of that less received that day courtroom tenge). inspection of the neighborhood provided no obvious reason to doubt the reason to doubt obvious no provided of the neighborhood inspection neighbors. seizure under plots land The home size, and other key factors. key other and size, home logics were combined. In the latter case, the landowner’s lack of informal lack of informal the latter case, the landowner’s In logics were combined. legal the least-favorable the judge followed that connections meant protectinginterpretation, thereby the interests of local officials and the central led to the links the former, to the local government informal In government. compensation. governing laws favorable application of the more C Y 39262-cin_50-1 Sheet No. 26 Side A 26 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 26 Side B 07/06/2017 10:17:34 M K
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6/28/2017 4:31 PM ey cannot, ey officials and w more broadly reflects broadly more w their personal risk in what is ed landholders are less likely to likely less are ed landholders represent more attractive targets attractive represent more ey risk censure by courts. In fact, fact, In courts. censure by risk ey ially problematic issues involving issues involving problematic ially (granted, not the payment that any payment the not (granted, the beginning of this paper, judges judges of this paper, the beginning with strong incentives to target with strong incentives 227 like the continued coexistence of the like the continued coexistence of the ray far from the compensation offered the compensation far from ray change their or judges’ calculus for o, it usually propagates insecurity, but propagates insecurity, o, it usually ally-stipulated compensation constitutes constitutes compensation ally-stipulated application of la application appraisal and seizure, provide intentional intentional provide seizure, appraisal and llow the law and provide compensation. and provide llow the law
In the aforementioned case, the judge chastised judge the case, the aforementioned In Cornell International Law Journal Journal Law International Cornell 50 Vol. 224 rent-seeking enterprise. rent-seeking . oo much from the central budget or by taking from budget or by the central from much oo
akimat
(4-7-17) : “the difference [in what the landholders requested] was nearly was requested] the landholders [in what difference : “the ’s representative and threatened to have the prosecutor bring an prosecutor bring the to have and threatened ’s representative In a few cases, the judge marginally increased the amount of increased the amount judge marginally cases, the a few In Ethnographic Notes, Courts, in Astana, Kaz. (Oct.–Nov. 2015). 2015). (Oct.–Nov. Kaz. Astana, in Courts, Notes, Ethnographic Id. 2015). (Nov.–Dec. Kaz. Astana, in Courts, Notes, Ethnographic 2015). (Nov. Kaz. Astana, in Courts, Notes, Ethnographic akimat
Legal Pluralism . . . . In other words, this In minimal, leg Legal pluralismin propertyLegal law, 226 akimat 224 225 226 227 ANSON FORMATTED administrative suit for failure suit administrative to fo compensation. Therefore, these landholders landholders Therefore, these compensation. for conditions the minimum officials who fail to meet ties. Those informal other in the bounds their overstep who rent-seeking—or centrally-permitted a bound for local officials. Should they seek to circumvent it and avoid it and avoid circumvent seek to they Should officials. for local a bound to landholders, th compensation any paying their law affects indicates that the circumvention of speak to need the very central authorities on the bounds set by time, At the same behavior. officials local provide compensation Poorer, less-connect individuals. vulnerable networks informal that could have is low cost, these instances in Rent-seeking rent-seeking. for seizure and time- formal, of likelihood and lower payment minimal it involves because or of potent challenges in court, consuming garage and property in Astanain at discussed property and garage H 44 the did rule against compensation provided, but did not st did not but provided, compensation by the the by rates) exchange at then-current $70,000 U.S. (about 20,000,000 tenge KTZ much that them can’t offer state evaluated—I the that which different from offered.” than what was originally more These cases were fewer than the disputes over the amount of compensation of compensation the amount over the disputes than fewer cases were These payment stressed courts again, offered, but the by the period specified land within for the sought) of the landholders law. the direction, by pocketing t direction, by legal otherwise a low-risk, those with strong networks—increase informal VIII. Law on State Property and Land Code examined in this Article and the “room “room and the Article in this examined Code and Land Property on State Law into laws built on for maneuvering” space for multiple logics. In doing s space for multiple rightsWhere individuals for some. secure property allows space for more favorable claims, more buttress their property ties to personal on can draw where th paramount; become suddenly legal statutes courts uphold the rights of the state and its agents to the detriment of ordinary agents to the detriment courts uphold the rights of the state and its citizens. logic in the dynamic This the politics which underlie socialin relations HaleKazakhstan. refers to this 39262-cin_50-1 Sheet No. 26 Side B 26 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 27 Side A 07/06/2017 10:17:34
- 45 45
As a As 228 6/28/2017 4:31 PM
which individuals individuals which
- [https://perma.cc/J6KN
(Apr. 3, 2012, 4:25 PM), PM), 4:25 2012, 3, (Apr. A new roadway has been roadway new A The market rate there is— market The EWS ions do not involve a single, involve ions do not 229 N
231
onial and Soviet era center). The Soviet onial and and no roadway built. By contrast, built. By roadway no and . In doing so, it protects their ability it protects doing so, In . c combine in patterned yet dynamic dynamic c combine patterned yet in ms that formal legislation does not legislation does that formal ms al equilibriumin
ENGRI issue. residents lack the most There, st favorable legal configuration. st favorable cal officials. Land-related legislation cal officials. Land-related tworks, while legitimating those actions tworks, while legitimating those actions ng a number of these homes, but there of these homes, ng a number akims necessarily do so in a way that upholds do so in a way necessarily
al resources” for the project to move forward in move project to al resources” for the
and economic pursuits primarily around the around the primarily pursuits and economic
note 186, at 20. 20. at 186, note
(4-7-17) supra supra , To date, no land has been seized, seized, been has land no date, To ALE Personal Correspondence, in Astana, Kaz. (May, 2011); Natalie R. Koch, The City obojdetsa v Astane “Chubary” mikrorajona snos Chastichnyj Usupova, A. with Interviews 2015); (Oct. Kaz. Astana, 23, in Attorney 1 with Interview 230 .H . . . Perhaps the most obvious evidence of this phenomenon is the continued is the continued of this phenomenon obvious evidence Perhaps the most Do law and courts—contrary to most expectations regarding expectationsto regarding most Do and courts—contrary law
228 229 230 231 ANSON FORMATTED M K oboydetsya-211405 [https://perma.cc/TZS9-SG7F]. [https://perma.cc/TZS9-SG7F]. oboydetsya-211405 “new” city (as opposed to the older, col older, to the (as opposed city “new” residences, also which large, expensive features numerous neighborhood officials, including high-ranking the current very many where happen to be live. presidential administration, head of the informal ties needed to ensure the mo ties needed to ensure informal Conclusions despite also being quite high—not an high—not quite despite also being primerno v 20 millionov dollarov [Partial Demolition of the Neighborhood “Chubary” “Chubary” Neighborhood the of Demolition [Partial dollarov 20 millionov v primerno T in Astana], Million $20 About Cost http://tengrinews.kz/kazakhstan_news/chastichnyiy-snos-mikrorayona-chubaryi-astane 2015). (Sept.–Oct. Kaz. Astana, 9, in and 4–6 Landholders matter; ifmatter; case, that were the range of we would diverse more a much see logi and informal law Instead, outcomes. the same By and to whom. occur, threats to property how to shape ways close with those landowners is secure; property shape whose they virtue, officialspersonal ties to local of what the law has the upper bounds enjoy to protection receiving by even but through compensation, offer—not only against seizure itself. heart of Astana's in the Raion, a neighborhood Chubary the small existence of consequence of these politics, property relat property politics, of these consequence informal underlying on shift depending rather but linear reasoning, as clai same the is not This conditions. 2017 2017 Rent-Seeking Legalized “refers which as patronalism, a soci to political their organize punishments.” and rewards of concrete exchange personalized H to seek rents and reward their own ne own reward their to seek rents and concentrates enormous authority in authority concentrates enormous broader conceptions of rule of law. Law matters because it communicates the law. because it communicates matters of rule of Law broader conceptions bounds for lo central governments’ authoritarian regimes—matter for property rights security in Kazakhstan?in rights security for property authoritarian regimes—matter In do they however, not short, yes; “were not [sufficient] financi 2012. planned that would require destroyi planned that would e neighborhood discussed above, a similar a similar above, discussed neighborhood in the away just a few kilometers begun. already has project road expansion and the Steppe: Territory, Technologies of Government, and Kazakhstan’s New Capital Colorado), of University dissertation, Ph.D. (unpublished 2012) 16, (May 146 http://nataliekoch.com/docs/Koch_2012_Dissertation.pdf KYBE]. C Y 39262-cin_50-1 Sheet No. 27 Side A 27 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 27 Side B 07/06/2017 10:17:34 M K
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for a select few. This implies for a select few. This implies
w individuals combine them combine individuals w that will be tolerated. Judges are Judges are be tolerated. that will fromviolations (legal of the law in Kazakhstan reflect the informal the informal reflect Kazakhstan in property occur by providing a signal a signal providing occur by property e, but in a dynamic, interactive interactive dynamic, e, but in a ing between these legal and informal informal these legal and ing between doing so, there are multiple logics at logics multiple doing so, there are hus difficult to separate). Each logic
s, such as improved infrastructure or or infrastructure as improved s, such their own pockets using regime-sanctioned their regime-sanctioned using pockets own zation project that benefits some while while some zation project that benefits Cornell International Law Journal Journal Law International Cornell 50 Vol. influence informal activities like local officials’ like local officials’ activities influence informal ding an opportunity for limited redress to individual for limited to individual redress ding an opportunity 232 note 186, at 19. 19. at 186, note (4-7-17) supra , ALE .H In short, laws governing land rights land short, laws governing In At the same time, law guides how this “institutionalized rent-seeking” how this law guides rent-seeking” “institutionalized time, At the same 232 ANSON FORMATTED still forms bounds. still forms principles which underlie the regim underlie principles which also relationship, those laws threats to shapes how Law rent-seeking. in terms of fulfilling public need public fulfilling of in terms facilities;educational it is difficult resistance to broad public to garner Local urban areas. rapidly-expanding for needed or roads building schools to line continued ability officials’ which on relations of patron-client pyramid vertical the sustain actions helps authoritarian are politics regimes) (and those in based. AsKazakhstani many politic, a tumoron “not simply are the body Hale these behaviors notes, like the are they more Instead, and excised. that can be isolated something lifeblood.” body’s H 46 determines whether they get the upper or lower bounds of the law—but law the law—but of or lower bounds get the upper whether they determines may occur by setting occur by for acceptable bounds effective upper and lower may derived than insecurity Rather behavior. law itself (allocation insecurity). within the it is embedded insecurity), agents of Courts, as faithful ensure that localthe executive, officials remain In law. set by the boundaries within logic informal an and of laws; hierarchy on a rests a legal logic, which play: on a lesser extent, officials and, to to state connections personal predicated on are (the two wealth often linked and t constitutes a strategic resource, and ho from central to local officials charged with the day-to-day interpretation of day-to-day central to local officials charged with the from logics, but also by provi by logics, but also thatthe lowest violate has in ways been threatened citizens whose property rights see and far we for most, minimal oflimits Consequently, the law. security rights robust property stronger, more rapidly- in a and inequality, exacerbates growth that further economic a moderni country, developing agents who act to ensure that rent-seeking occurs within the bounds of the of the the bounds occurs within rent-seeking that act to ensure agents who adjudicat by not only do so They law. excluding most. property rights about the kinds of behavior of behavior rights about the kinds property 39262-cin_50-1 Sheet No. 27 Side B 27 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34