The Supreme Court of the Republic of Kazakhstan has issued a ruling to return 469 hectares of land to the Pavlodar Region. Previously, the plots had been used by the Karaganda Region for decades. This is only a small part of the disputed territory covering 17,100 hectares.
According to Ratel.kz, the conflict escalated in spring 2021 when workers from the peasant farm 'BukharZhyrau' in Bayanaul District, Pavlodar Region, and Birlik Agro Invest LLP in Osakarov District, Karaganda Region, simultaneously claimed the right to cultivate the same plot of land.
"Arriving to prepare the soil for sowing, workers from the peasant farm discovered that it had already been prepared by Birlik Agro Invest LLP of Osakarov District, Karaganda Region. Silently thanking the Karaganda residents, the Pavlodar locals sowed the prepared plot. Then the Karaganda residents arrived to sow and were outraged. A brawl nearly broke out, which was prevented by the local district police officer, who promised sanctions to both sides and sent them to court to resolve the land dispute," the report states.
During the court proceedings, it emerged that the disputed plot had been leased out by two different departments: the Land Relations Department of Osakarov District, Karaganda Region, to Birlik Agro Invest LLP (until 2061), and the Land Relations Department of Bayanaul District, Pavlodar Region, to the peasant farm 'Bukhar Zhyrau' (until 2048).
According to archival documents, the Pavlodar Region was established in 1938, when the Bayanaul District from the Karaganda Region was incorporated into it. It is noted that in 1963, an error in defining the borders was discovered, and 17,100 hectares were officially excluded from the territory of the Karaganda Region.
"Until the 1960s, collective farms in Osakarov District, Karaganda Region, continued to use lands from the state land fund of Bayanaul District, Pavlodar Region. On 1 November 1963, the border error with the Pavlodar Region was corrected by 17,100 hectares, and this area was officially excluded from the territory of the Karaganda region. But in fact, it was not returned. On 16 October 1980, the Minister of Agriculture of the Kazakh SSR issued an order for the return of the arbitrarily seized lands of the 'Molodezhnoe' agricultural production association of the Karaganda Region to the Bayanaul District of the Pavlodar Region," the report states.
In turn, the Deputy Chairman of the Council of Ministers of the Kazakh SSR instructed the Karaganda Regional Executive Committee to free the occupied territories, but the instructions were not carried out.
Ultimately, the Civil Chamber of the Supreme Court ruled to satisfy the claim of the peasant farm 'BukharZhyrau' against the Land Relations Department of Osakarov District and Birlik Agro Invest LLP to invalidate the lease agreement for the land plot.
"Declare invalid the temporary paid land use agreement for an agricultural land plot for running a peasant or farm enterprise, agricultural production No. 110 dated 9 December 2019, concluded between the state institution 'Land Relations Department of Osakarov District, Karaganda Region' and Birlik Agro Invest LLP, in the part granting the right to a land plot of 468.5 hectares located in the Uzunbulak Rural District, Bayanaul District, Pavlodar Region," the ruling states.
A representative of the peasant farm 'BukharZhyrau', Kumus Tusupbekova, stated their intention to contest the remaining thousands of hectares of the disputed territory.