Legal Challenges in the Enforcement of State Control over the Efficient Use of Land Resources through Litigation

Abstract

The article examines the problems that arise in the implementation of state control over the rational use and protection of land, which is one of the main means of managing land resources and regulating land relations. The authorized body exercising state control over the use and protection of land ensures compliance by state bodies, individuals and legal entities with the land legislation of the RK, compliance with the rules for the use of land plots. Granting the authorized body the right to file a claim for the cancellation of unlawful decisions, including claims for the recognition of lease and sale agreements of land plots as invalid, ensures, in particular, the rational use and protection of land, reproduction of soil fertility, conservation and improvement of the natural environment, meets the objectives and principles of the Code. However, administrative and civil judicial authorities are returning a claim for the cancellation of illegal decisions in their proceedings due to lack of jurisdiction. In this regard, the authorized body cannot fully carry out the tasks assigned to it. The author's research work is aimed at determining the judicial form in which the claim of the authorized body should be considered. A study will also be conducted within the framework of the competencies transferred to the authorized body for filing claims in court.