YOUNG SCHOLAR’S TRIBUNE

Problems in the field of legal regulation of property rights in the Republic of Kazakhstan

Abstract

 Real  property rights play a key role in the legal system of the Republic of Kazakhstan by regulating property relations and ensuring the protection of the rights of owners and other entities. This research aims to identify issues in the legal regulation of real property rights in the Republic of Kazakhstan. The main objective of the article is to analyze legislative norms and law enforcement practices in the field of real property rights, as well as to identify gaps and conflicts in legal regulation. The research methodology is based on a systematic approach, which considers the complexity and interconnectedness of the various elements of real property rights. A comparative legal analysis of the regulatory acts of Kazakhstan, France, and Germany was conducted, which allowed for the identification of both positive aspects and gaps in Kazakhstani legislation. The research results show that the main issue in the legal regulation of real property rights in Kazakhstan is the insufficient detail of norms governing the establishment and protection mechanisms of these rights. In particular, the regulation of servitudes remains insufficiently systematized, which complicates their application in practice. Challenges also arise with the registration of real property rights and with the legal consequences of prioritizing real property rights over obligations. The value of this research lies in the comprehensive analysis of the regulatory framework and practical aspects of applying real property rights in Kazakhstan. The work contributes to the further improvement of legal regulation in civil law by offering recommendations for enhancing law enforcement practices. The practical significance of the article is that its results may be used to develop proposals for amendments and additions to the legislation of the Republic of Kazakhstan governing real property rights, as well as to increase the effectiveness of the protection of ownership and other real property rights.