Lawyer's defense of Housing disputes
Amendments to the Law regarding the clarification of the concept of a budgetary organization for the purposes of application in this Law were introduced on December 29, 2014 by Law No. 270-V "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on housing relations". Thus, subparagraph 1-2 of Article 2 of the Law classifies state institutions and state-owned enterprises as budgetary organizations. She worked since October 12, 2007 at the Republican state-owned enterprise "Hospital of the Medical Center of the Office of the President of the Republic of Kazakhstan" as a nurse of the physiotherapy department. Since March 27, 2009, she has been on the register of those in need of housing from the state housing fund in the category of "Civil servants". On November 4, 2016, the employment contract with K. was terminated due to a reduction in the number and staff of employees in the structural unit. Since March 16, 2017, the applicant has been working at the state-owned municipal enterprise under the right of economic management "Perinatal Center No. 3". On July 9, 2019, the public housing fund was removed from the register of those in need of housing, the reason being that the applicant works in an institution that does not belong to a budget organization. In satisfying the applicant's claims, the Saryarkinsky District Court took into account that K. It belongs to socially vulnerable segments of the population, the employment contract was terminated due to circumstances beyond her control, due to the closure of the structural unit and the transfer of the property complex.
Lawyer's defense of Housing disputes
Taking into account this fact and the fact that the applicant has been on the waiting list since 2009 and still does not have his own home, based on the criteria of reasonableness and fairness, the court considered the contested order illegal. The Court of Appeal disagreed with such conclusions, overturning the court's decision and making a new decision in the case to dismiss K.'s claims. The Court of Appeal stated that the applicant did not belong to the category of socially vulnerable segments of the population. Due to the fact that K. She terminated her employment relationship with the RSE "Hospital of the Medical Center of the Office of the President of the Republic of Kazakhstan" and got a job at the RSE "Perinatal Center No. 3", which is not a state-owned enterprise and a state institution, there are grounds for removing her from the list of those in need, since there are no grounds for providing housing from the state housing stock or rented housing. the local executive body. It has been established that the applicant does not belong to the category of persons not subject to de-registration specified in paragraph 1 of Article 73 of the Law. In this regard, the court had no grounds for declaring the contested order illegal. By the decision of the Judicial Board for Civil Cases of the Supreme Court of the Republic of Kazakhstan dated June 10, 2020, the decision of the appellate instance was upheld. The decision of the Esil District Court to satisfy S.'s applications was upheld by the decision of the appellate instance. While upholding the decision of the court of appeal, the judicial board took into account that amendments to the Law in terms of clarifying the concept of a budgetary organization were introduced by Law No. 270-V dated December 29, 2014 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Housing Relations". At the same time, at the time of amendments to the Law, S. She has already worked at the Municipal State Enterprise for PCV "City Polyclinic No. 5" and continues to work in this organization to the present. In addition, it is taken into account that S. treats and treated at the time of registration to socially vulnerable segments of the population as an incomplete family.
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