AN ADMINISTRATIVE CLAIM for forcing placement in a housing waiting list
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To the specialized interdistrict administrative court of the city of Nur-Sultan
Nur-Sultan, Esil district, Mangilik El Avenue, 10
The plaintiff: B.A.B.* IIN: XXX ... XXX, Nur-Sultan city, district
Saryarka, 1 K street, apartment .,
contact phone 87XX-XXX-XX-XX, e-mail: XXX@. gov.kz
The defendant: Administration of the Administration of the city of Nur Sultan
BIN: XXX ... XXX, Nur-Sultan city, Esil district, X 10 street,
phone 87XX-XXX-XX-XX (reception),
email: ...@gov.kz IIK KZHXX...YYY BIK NSHXX…
ADMINISTRATIVE CLAIM
about coercion ***
On September 25, 2020, Bekova A.B. (plaintiff), being the mother of four minor children, applied to the Administration of the city of Nur-Sultan (defendant, administrative body) through the Government for Citizens State Corporation with an application for queuing for housing from the municipal housing stock of the capital in the category "...". On October 26, 2020, the Department refused to place me on such a waiting list in accordance with reasoned written refusal No. 0XX... . The reason for the refusal was the alienation by my parents of the housing (with my consent) located at the address: Nur-Sultan, ...., privatized in 1993 under a coupon mechanism, in favor of another person. In the specified housing, my share was only 20 (twenty) percent.
This circumstance was assessed by the administrative authority as the plaintiff's deterioration of his living conditions over the past five years. I do not agree with this refusal (administrative act), I believe that my right to receive housing from the state housing fund, as stipulated by law, has been violated. According to article 84 of the Administrative Procedural Code of the Republic of Kazakhstan (hereinafter referred to as the APPC), an illegal burdensome administrative act is subject to mandatory cancellation. On January 20, 2021, the plaintiff filed a complaint with a higher authority****, as a result of which the complaint was dismissed. Therefore, the plaintiff appeals to the administrative court. By virtue of article 133 of the CPC, in a claim for coercion, the plaintiff may require the adoption of a favorable administrative act, the adoption of which was refused or not accepted due to the inaction of an administrative body or official. In such cases, there is no separate requirement to challenge the refusal. Guided by Articles 5-16, 131, 133 of the APPC,
I ASK THE COURT:
To assign to the state institution "Administration X of the city of Nur-Sultan" the obligation to make a decision regarding me on queuing for housing from the state communal housing fund of the city of Nur-Sultan in the category "...". Distribute the court costs.
Applications: 1) copies of the statement of claim and documents attached to it for participants in the administrative process – for __ L.; 2) a document confirming payment of the state fee (or confirming the basis for the plaintiff's exemption from payment) – for __ L.; 3) a power of attorney or other document certifying the powers of the representative (if the statement of claim is filed by a representative) - on __ L.; 4) documents confirming the circumstances on which the plaintiff bases his claims (in relation to this claim – a copy of the disputed order), etc. – on __ L. 5) a document confirming compliance with the pre–trial dispute settlement procedure - for __ L.; 6) other documents – for __ L.; 7) copies of the plaintiff's identity document – for __ L.
Plaintiff (representative) ____________/___________________/
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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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