Purpose
– This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space.
Design/methodology/approach
– The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013.
Findings
– Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to the different groups, practices and policies involved and reframes the relation between the state and legality.
Originality/value
– Using a case study anchoring the analysis within law’s constitutive and contested presence within the built environment, the paper addresses a theoretical and empirical panacea in legal geography by unpacking the “legal” with reference to its plurality internally within the state. Moreover, studies on law and geography have tended to focus on European or North American contexts, whereas this paper draws on data from Central Asia.
Since the collapse of the Soviet Union in the early 1990s, there has been remarkable enthusiasm for theorising how transitional processes have unfolded in post-socialist cities. In seeking to extend literature that uses the post-socialist condition as a tool for theory building, we draw attention to the ongoing processes of institutional change in post-socialist cities. In doing so, we reject a 'top-down' perspective and examine how these institutional transitions are shaped through processes of 'domestication', negotiation and contestation between different interest groups in the city. We develop our argument, by drawing attention to the local political debates surrounding the propiska in Bishkek, Kyrgyzstan. The propiska developed throughout the Soviet Union to control internal migration and is still used today in a less restrictive form. By discussing our case study, we hope to foster attention towards the ongoing contested processes of institutional transition in post-socialist cities.
This article explores urban land claims made by residents living in Bishkek’s informal settlements (novostroikas) located on the edge of the city. By examining the growth of the urban periphery alongside shifts in property rights enacted through privatization programs, Bishkek’s novostroikas are a grassroots attempt to correct previous inequitable distributions of private property. The political unrest of the Tulip Revolution in 2005 and the violent events of 2010 are taken as decisive moments to challenge this unequal distribution. The article examines how the residents of novostroikas enact collective and moral claims over land that demonstrate an understanding of private property to be contextual, overlapping, and heterogeneous, rather than singular and predetermined.
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