A statement challenging the actions and recognizing the actions of the housing commission on the privatization of the apartment

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To the specialized inter-district court for administrative offenses  

Nur Sultan 010000, Nur Sultan, Tauelsizdik ave. 34/1a 8 (7172) 71-08-33 (17),

e-mail: 010208@sud.kz  010208@sud.kz Vh cantz 71-08-33vn (1865), vn (1860),

WhatsApp, Telegram: 8 747 857 88 24, e-mail: 717-1860@sud.kz  

The plaintiff:   the daughter of a serviceman who died in the line of duty

duties of military service ..... .. Dina Bakytbekkyzy (born on 03/15/1999)

010009, Republic of Kazakhstan, Nur-Sultan, Almaty district, Sh. ave. .........., 20-18

(former St. ........., 19/2-18) tel. 8(707)....... IIN ........ e-mail: ………

Respondent: RSU "Akmola regional Operational

part of the Ministry of Defense of the Republic of Kazakhstan"  

RK, Nur-Sultan, Baikonur district, 19A Zhanazhol St. tel/fax

54-56-81 Ave., 54-57-01, 52-84-27, gil comis 52-84-27

certificate of state registration of a legal entity

No. 2693-1901-GU IIK IBAN KZ 92070101KSN0000000 BIC KKMFKZ2A KBE 11

State Institution "Treasury of the Ministry of Finance of the Republic of Kazakhstan" 

RNN 031400029452 BIN 971140002002  

 

Statement

about challenging actions

The Law of the Republic of Kazakhstan "On Housing Relations" (hereinafter referred to as the Law) provides for two independent categories of housing, which should be distinguished: 1) official dwelling; 2) dwelling equated to official (subparagraphs 20, 21 of art.2 of the Law, respectively). A citizen may have a legally acquired dwelling in private ownership, regardless of its location in the territory of the Republic of Kazakhstan, unless otherwise provided by legislative acts of the Republic of Kazakhstan (Article 11 of the Law). Thus, one of the grounds for the emergence of the right of ownership of a dwelling is the acquisition by the tenant of the dwelling occupied by him or a dwelling (apartment) from the state housing stock through its privatization (purchase or gratuitous transfer) (paragraph 4 of art.12 of the Law). It is worth noting that the above categories of housing are being privatized for various reasons, as clearly stated in paragraphs 4.5 of Article 13 of the Law.

A statement challenging the actions and recognizing the actions of the housing commission on the privatization of the apartment

According to paragraph 4 of Article 13 of the Law, "official dwellings from the state housing stock may be privatized on the grounds provided for in paragraph 2 of Article 109 of this Law." One of the grounds specified in paragraph 2 of Article 109 of the Law stipulates that "in the event of the death of an employee who has been provided with official housing, the right to privatize passes to family members of the deceased (deceased), regardless of the period of work of the deceased (deceased)." Family members of a deceased serviceman have the right to receive ownership of their occupied housing from the state housing stock free of charge during military service, regardless of seniority (clauses 7-1, clause 8, Article 13 of the Law). I am, ............ Dina Bakytbekkyzy, I am the only daughter of my late father, Colonel....... Bakytbek Dosymovich (born on 08/01/1957), who served in the Ministry of Defense of the Republic of Kazakhstan (hereinafter the Ministry of Defense of the Republic of Kazakhstan)  and died in the performance of military service on 30.03.2008, which was confirmed by the Order of the Ministry of Defense of the Republic of Kazakhstan No. 048 dated 04/14/2008 (Appendix No. 1). On 20.02.2007, a contract for the rental of office housing No. 1320 (hereinafter referred to as the Contract) was issued in the name of the father, for moving into office housing, i.e. a 2-room apartment at the address: Nur–Sultan, ul. ............., d.19/2 sq.18 (in currently, Sh ...... ave., 20, sq.18). The specified residential premises were included in the number of office premises by the decision of the housing commission of the Russian State University "Akmola REC of the Ministry of Defense of the Republic of Kazakhstan" (hereinafter– REC) No. 67 dated 02.11.2006. In the Contract, the main employer is indicated – Seisebaev B.D. and family members: daughter - Dosym Dina Bakytbekkyzy and his mother - Zhambasova Nursalima Zarkynkyzy, who died on December 21, 2012. On 07/09/2021, in order to implement the state–guaranteed right to privatize housing, I submitted a corresponding application in accordance with paragraph 4 of Article 109 of the Law to the Housing Commission - REC. There is no answer, but there were earlier ones, although I stated not about this, but about the exchange!!! REC, having considered the application, refused to privatize housing, focusing on 3 aspects with which I completely disagree, I consider them to be inconsistent with reality and the law: 1st Aspect: Housing belongs exclusively to Seisebaev B.D. 2nd aspect: It was previously provided with a 1-room apartment in Almaty. 3rd aspect: A reference to Article 101 of the Law and an indication of the use of benefits once. The rationale for disagreement with each paragraph of the REC response is as follows: 1) The apartment is allocated for a staff of 3 people (........ B.D., me and ........... N.Z.) it is for this reason and taking into account the sanitary requirements for quadrature for one person that a 2-room apartment is provided an apartment for a FAMILY, not exclusively ........... B.D. 2) The apartment allocated in Almaty was sold back in 1997. It was precisely because of the lack of housing that the housing commission in 2007 recognized my father and our family members as in need of housing, and concluded a lease agreement, since there were no grounds for refusing to provide housing. 3) The text of Article 101 of the Law concerns exclusively housing that is equivalent to official housing, while the reference to benefits is mentioned throughout the Law only in the context of this paragraph of the specified article and applies to "housing that is equivalent to official housing", whereas the Lease agreement and the actual object of the dispute, i.e. The apartment is a "service dwelling" and issues in this category are regulated by rule 109 of the Law (it does not contain any reservations about benefits). DO YOU NEED TO? The Court has been presented with indisputable factual circumstances in the case. So, the fact of the production has been confirmed. ............ B.D. is registered as a person in need of housing, as well as evidence that I, as his daughter, am a cohabiting family member. Thus, my father, by virtue of the requirements of the housing legislation, had the right to privatize the occupied dwelling (clause 4. art.13 of the Law) by way of redemption or gratuitous transfer. And perhaps he personally lost the privilege of gratuitous privatization, being alive he could not receive it for free. However, it was after my father's death that I got the right to free privatization for the first time. The state, protecting the interests of a certain social stratum of the population (clause 10 of Article 68 of the Law) . which I belong to, has provided and implemented a mechanism for obtaining ownership of the occupied housing free of charge, in my case, due to the death of my father during military service (paragraphs 7-1, paragraph 8, art.13 of the Law). Thus, the actions of the housing commission and their decision to refuse to privatize the Apartment free of charge contradict the norms of current legislation and violate the rights and freedoms of a citizen of the Republic of Kazakhstan, and therefore it is necessary to restore the violated rights, freedoms and legitimate interests of the plaintiff in court.

A statement challenging the actions and recognizing the actions of the housing commission on the privatization of the apartment

Based on the above , guided by ? Articles 9 of the Civil Code of the Republic of Kazakhstan, Articles 150-152, 282, 292 of the CPC of the Republic of Kazakhstan, paragraph 2 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/18/1997 No. 9 "On the practice of applying legislation on the privatization of residential premises by citizens", paragraphs 7-1 of paragraph 8 of Article 13, paragraph 2 of Article 109 of the Law of the Republic of Kazakhstan "On Housing Relations" dated 04/16/1997 of the year. I ASK the COURT: 1) To recognize the actions of the housing commission to refuse gratuitous privatization of an apartment located at the address: Nur Sultan, Sh ........., 20, sq. 18 (formerly St. .........., D.19/2 sq.18) illegal. 2) To recognize the decision of the housing commission on the refusal of gratuitous privatization of an apartment located at the address: Nur Sultan, Sh ........, 20, sq. 18 (formerly Makhtumkuli str., 19/2 sq. 18) illegal. 3) Oblige the housing commission to force the gratuitous privatization of an apartment located at the address: Nur Sultan, Sh...... ave., 20, sq.18 (formerly 19/2 sq.18, ul.). Appendices (copies):

Order of the Ministry of Defense of the Republic of Kazakhstan No. 048 dated 04/14/08;

Employment contract No. 1320 dated 02/20/2007;

certificate of service No. 322 dated 05/23/12; IS IT NECESSARY?

Is the F2 certificate of registered rights (encumbrances) on real estate and its technical characteristics NECESSARY?

death certificate ........ B.D.; IS IT NECESSARY?

letter from the Russian State University "Akmolinskaya REC of the Ministry of Defense of the Republic of Kazakhstan" No. ___ dated __________year; NO response, but there are others!!! Should I specify them?

statements of claim by the number of defendants;

the plaintiff's birth certificate ... . .. .. D.B.;

plaintiff's identity card .......... D.B.;

birth certificate;

Two (three)??? receipts for payment of state duties in the amount of 0.3 MCI each–originals;

……..... D.B. _______________ ***23.08.2021 year 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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