Summary: 1. Introduction. – 2. Methodology. – 3. Post-Soviet Period: From Administrative Control to Procedural Justice in Land Reform. – 4. Formalisation Without Market Efficiency: The Exercise of Land Use Rights as an Illusion of Marketability. – 5. Land Policy: The Failed Transformation into an Investment-Attractive Asset. – 6. Judicial and Administrative Remedies as a Driver of Farmland Turnover. – 7. Conclusions.
Background: This article explores the evolution and current state of legal regulation governing the turnover of agricultural land in the Republic of Kazakhstan through the lens of access to justice. It argues that the stagnation of agricultural land reform is not merely the outcome of economic inefficiency or legislative inconsistency but a manifestation of systemic procedural deficiencies that hinder fair participation, transparency, and effective remedies in land governance. By examining the trajectory of post-Soviet reforms—from the 1995 Presidential Decree “On Land” and the 2003 Land Code to the suspended 2015 reform and the subsequent “Zher Amanaty” initiative—the study reveals how the absence of procedural safeguards and meaningful public consultation undermined both market functionality and institutional legitimacy.
Methods: The article integrates comparative insights from Germany and Poland to assess Kazakhstan’s legal framework against established European models of procedural justice in land relations. In Germany, administrative approval and judicial review ensure transparency and prevent excessive concentration, while in Poland, pre-emption rights and statutory size limits under the Act on the Shaping of the Agricultural System protect equitable access for active farmers. These systems exemplify how access to justice operates through both administrative and judicial mechanisms, balancing market efficiency with social fairness—principles that remain underdeveloped in Kazakhstan.
Results and conclusions: Drawing on legal, institutional, and empirical analysis, including data on pledged agricultural land, concentration of holdings, and restitution outcomes under the Zher Amanaty program, the study demonstrates that Kazakhstan’s land turnover mechanisms remain largely formal and insufficiently enforced. The paper concludes that the future of land reform depends on embedding procedural justice into all stages of land governance—through transparent administrative review, enforceable judicial oversight, and inclusive public participation. Strengthening these elements would not only enhance access to remedies and institutional trust but also transform agricultural land from a contested political resource into a foundation for equitable and sustainable development.
Acknowledgment
This research is funded by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan (Grant No AP26195725).