However, as Ivashchenko emphasizes, the proposed changes do not take into account the interests of the gardening community and require substantial revision. The point about transferring the infrastructure of the gardening community to local authorities is particularly concerning.According to her, "it is assumed that along with the annexation of garden plots to populated areas, all infrastructure will be transferred to the village. At the same time, the opinions of gardeners are not taken into account. According to the project, a commission consisting of two plot owners and one former chairperson will compile a list of property for transfer, but this is incorrect, as all infrastructure belongs to a legal entity, and the owners of the plots may change."
Moreover, Ivashchenko noted that this will create an additional burden on local self-government bodies, which are already experiencing financial difficulties.
"During the discussion of the new Land Code, it was stated that no additional expenses would be required. But any reasonable person understands that this is not the case. For example, in the Kuntuu region, there are 19 gardening associations, and if they are annexed to the rural council, it will become an additional burden for an already subsidized айыл окмоту," she believes.
Also, according to her, the new project does not specify what to do with houses that have already been built on garden plots.
"The document states that construction should occur based on permitting documents, but it is unclear what to do with already existing structures," she added.
Ivashchenko also expressed concern about the possibility of expropriating garden plots located in hazardous areas."According to the new Land Code, private lands in hazardous zones can be expropriated. For example, if your dacha is located near a mudflow channel, it is considered a hazardous zone. How will compensation be provided to the owners of such plots? For instance, a gardening society located on the Issyk-Ata fault received plots many years ago not for residential construction, but for gardening. Now these lands may be reclassified as populated areas, and what then?" Ivashchenko questions.
She also noted that previously representatives of the gardening community sent their proposals and comments; however, at the meeting of the working group, which consisted mainly of civil servants, their opinions were not taken into account. The deadline for public discussion of the new project is only 15 days.
The gardening community has engaged lawyers and experts to develop an alternative version of the document, which, in their opinion, takes into account the interests of all parties, and sent it to the State Agency for Land Resources, Cadastre, Geodesy, and Cartography. However, they fear that their proposals will be ignored again.
