Analytical report by ARGA Observatory is devoted to the study of the practice of forced expropriation of property and land plots in the Republic of Kazakhstan under the formal pretext of “public needs”. At the core of the analysis is the discrepancy between the public rhetoric of “asset recovery” and the actual legal mechanisms applied within the framework of legislation on state property and land relations.
The report examines a systemic mechanism in which administrative decisions of public authorities are implemented through civil-law instruments, such as sale and purchase agreements and transfer-and-acceptance acts, thereby creating an appearance of voluntary expropriation. Particular attention is paid to the risks of violations of procedural guarantees, the authenticity of free will, the sequence of the buyout procedure, as well as the principle of prior and adequate compensation.
The material is based on a documented analysis and is illustrated by the case of the peasant farm “Ashamay”, used as an example of a systemic practice rather than an isolated incident. The report is intended for lawyers, analysts, human rights organizations, and all those engaged in the protection of property rights and due process standards.
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