Appeal against a court decision on the compulsory alienation (acquisition) of a land plot or other immovable property for state needs

The Judicial Board of the Almaty regional court

From the defendant: .... N. A..

IIN ..

+7 775 ..

attorney: Sarzhanov

Galymzhan Turlybekovich

Legal office" law and law"

Bin 201240021767.

Republic of Kazakhstan, 050002, Almaty,

Almaly district, abylai Khana Ave., house 79/71, office 304.

info@zakonpravo.kz    www.zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 978 57 55.

Appeal

To the decision of the Karasay District Court of Almaty region dated March 26, 2026  

           March 26, 2026 (date of issue in the final form 12.04.2026) presiding judge of the Karasay District Court of Almaty region zh.G. zh., representative of the plaintiff A. K. (hereinafter referred to as the Civil Plaintiff) Defendant N. A....  (hereinafter referred to as the civil defendant), the defendant's Representative G. T. With the participation of sarzhanov, having considered the civil case No. 1952-25-00-2/5853 on the claim for the forced alienation (purchase) of a land plot or other immovable property for state needs, the court, guided by articles 223-226 of the Civil Procedure Code of the Republic of Kazakhstan, made a decision:

The plaintiff is the defendant of the Akim of Karasay district .... ....a claim for the forced alienation (purchase) of a land plot or other immovable property for state needs – to be partially satisfied.

Located at the address: Karasay District of Almaty region, fundamental rural district, village K., Block 13, land plot 26/39 N. A....to forcibly alienate for state needs a land plot belonging to the AK, Cadastral number 03-047-097-2557, with a total area of 0.0600 hectares, housing, roof, tapshan, outdoor toilet and green spaces located on it.

.... ....located at the address: Karasay district, fundamental rural district, Koksay village, 13th quarter, 26/39 land plot, Cadastral number 03-047-097-2557, land plot with a total land area of 0.0600 hectares, located on it, the amount of compensation for arranged housing, roof, tapshan, fence and green spaces (apple, grape, lilac 4 trees, roses) 52 490 624 (fifty-two million four hundred and ninety thousand six hundred twenty-four) tenge.

Refuse to satisfy the claim in another part.

After payment of compensation,.... ....Karasay District of Almaty region, which belongs to the I.. rural district, Koksay village,..to terminate the right of private ownership of a land plot with a total land area of 0.0600 hectares, on which there is a registered residential building, roof, roof, fence and green spaces, located at the address: quarter, land plot 26/39, Cadastral number 03-047-097-2557.

.... ....to collect the state duty in the amount of 3,932 (three thousand nine hundred and thirty-two) tenge in favor of the Dan state.

.... ....131,403.02 (one hundred and thirty-one thousand four hundred and three) tenge 02 tiyn amount spent for examination in favor of the state.

         We believe that the decision of the court of first instance is illegal and unjustified on the following grounds:

In accordance with article 223 of the APC, a judicial act of the court of first instance, which resolves the case on its merits, is issued in the form of a decision. The court decision in the final form must be prepared within no more than five working days after the disclosure of the resolution part of the decision.  

           However, in violation of the norm of this article, the court decision was announced on March 26, 2026 and issued in the final form on 12.04.2026.

         The court in its decision, defendant N. A.... the owner of a residential building with a land plot of 0.0600 hectares and an area of 153.0 sq.m. located on it.

In addition, the decision adopted the resolution of the akimat of Karasai district on July 18, 2019 No. 232 "on forced alienation, including by purchase, of land plots for state needs" for the construction of the ryskulov highway, in accordance with the documents submitted by the state institution "Department of passenger transport and highways of Almaty region" and the provided explication and cartographic materials of the branch "State Corporation" Government for citizens". There are no free land plots on the territory of the karasai district, so it is impossible to provide the defendant with an equated land plot.

In this regard, the plaintiff made an assessment of the disputed land plot. The market value of the land plot and housing subject to purchase under the real estate valuation act of Dom Otsenki LLP No. 1480/25/ALM-68 dated October 17, 2025 amounted to 46,045,700 tenge.

Defendant due to the fact that he did not agree with the estimated value, the plaintiff determined the above estimated value and asked for the forced alienation of the land plot belonging to the defendant. The defendant did not submit a written opinion to the court.

Also, in its decision, the court requested that the court appoint a commodity examination in order to determine the market value of the land plot to which the defendant belongs.

On January 30, 2026, a forensic commodity examination was appointed by a court order.

According to the results of the expert examination of the Institute of forensic expertise in Almaty of the Republican state treasury Enterprise" Center of forensic expertise of the Ministry of Justice of the Republic of Kazakhstan " dated March 3, 2026 No. 4027, the market value of the land plot belonging to the defendant, the residential building located on it, Roof, topshan, outdoor toilet, fence and green spaces may be in the amount of 52,490,624 tenge.

At the hearing, the defendant and his representative partially agreed with the claim, completely disagreed with the market value of the land plot and housing according to the assessment report submitted by the plaintiff, expressed disagreement with the conclusion of the forensic examination, and supported the assessment report submitted by the defendant. The court concluded.

         Article 224 of the Civil Code of the Republic of Kazakhstan states that a court decision should be justified, legitimate and justified only on the evidence submitted by the parties and studied at the court session.

           The presiding court in its decision:

* The defendant did not submit a written opinion to the court;

· In court, the defendant requested the appointment of a commodity examination by the court in order to determine the market value of the land plot belonging to him.

the stated motives are unfounded.

During the preliminary court proceedings of the defendant and his legal representative, the statement of claim was submitted on 12.03.2026 at 11:28 hours, document number (unique document number): No. 191952907011824, in its appendix - 23.01.2026 LLP "center of expertise and expertise" No. 2, the conclusion of specialists; - 02.12.2025 limited liability company "Assessment Group "Bakhyt" assessment company report Report No. 413., submitted, sent to the group opened through the vatsap application and delivered to the court with disclosure during the trial.

At the same time, during the court session, through the court Office of the defendant and his legal representative, a letter of Appeal was sent to the court on 29.01.2026 with the number of Document Number (unique number Document): No. 191952906805426.  

- 23.01.2026 year LLP "center of exports and imports" № 2, conclusion of specialists;

- 02.12.2025 Limited Liability Company "Assessment Group "Bakhyt" assessment company report Report No. 413.

We asked to include in the materials of the civil case additional evidence of The Specialists ' statements made by the defendant tarp.

It should be noted that the arguments of the court that the defendant asked the court to appoint a commodity examination in order to determine the market value of the land plot belonging to him are not in any way false and false.

During the court session, in connection with the submission of the defendant tarpaulin's Commission order to the court, we strongly objected to the appointment of an additional order by the court, and asked not to appoint an additional order.

In Article 226 of the Civil Code of the Republic of Kazakhstan, the court decision consists of parts of the introduction, description, motivation and resolution. In the descriptive part of the decision, it is stated that a summary of the plaintiff's claims, explanations of the defendant and explanations of third parties involved in the case must be presented, indicating the evidence on which they substantiated their arguments.

The court in gross violation of this norm in compliance with the requirements of the law did not provide documents issued, said unspoken words, did not indicate intent in the description, motivation parts of the decision, without evaluating the evidence presented by the defendant in the description, motivation part of the court decision.

As for the merits of the civil case considered in the court of first instance, due to the fact that there are no free land plots in the territory of Karasai district, and therefore it is impossible to provide a land plot equivalent to the plaintiff, the market value of the land plot to be purchased under the real estate valuation act of Dom Otsinki LLP dated October 17, 2025 No. 1480/25/ALM-68 was: 46,045,700 tenge.

On the basis of this, the plaintiff asks the court to determine: compulsory alienation (purchase) for state needs, the cost of the land plot and the cost of the alienated land plot in the amount of 46,045,700 tenge.

We do not agree with talarker's motives for requesting a court to determine the cost of a land plot in the amount of 46,045,700 tenge, on the following grounds,

  Articles 4-6 of the Constitution of the Republic of Kazakhstan state that the Constitution has the highest legal force and is directly applied throughout the territory of the Republic, and private property is recognized and equally protected.

Article 26 of the constitution stipulates that no one may be deprived of their property without a court decision. In exceptional cases provided for by law, forced deprivation of property for state needs can be carried out when its value is compensated at an equal price.

Article 257 of the Civil Code of the Republic of Kazakhstan, when the right of ownership is terminated, property is assessed on the basis of its market value, unless otherwise established by the laws of the Republic of Kazakhstan.

As noted by the defendant on 02.12.2025, the assessment company "Assessment Group "Bakhyt" will report No. 413 to the report of the market value of the house with a land plot to the address of Almaty region. Karasaysky R-N., Irgelinsky S. O., S. Koksay, ul. Quarter 13, D. 26/39 for primary care for state needs, issued an assessment report for 100,640,000 tenge.

The defendant in order to facilitate the court order:

Assessment certificate of Dom Otsenki LLP dated October 17, 2025, submitted to the court from the plaintiff's tarp: 46,045,700 tenge;

Report No. 413 of 02.12.2025 submitted to the court by the defendant on the issue of market value of the House assessment report: 100,640,000 tenge,

The preliminary examination of Article 88 of the Civil Procedure Code of the Republic of Kazakhstan is carried out by an expert individually or by a commission of experts. Commission expertise is appointed in cases where it is necessary to conduct complex expert research, and it is carried out by at least two experts with the same specialty.

Based on this article, the defendant LLP "center of expertise and expertise" appealed to the commission for conducting specialized construction and commodity research expert / specialist:  

Tsoi Tatyana Yuryevna, has a qualification certificate No. 318 dated 28.03.2003, issued by the Ministry of Justice of the Republic of Kazakhstan for conducting a forensic examination in the specialty 10.4 "forensic construction and commodity research", expert experience, including 28 years in forensic examination bodies;

         Gulnaz Tursynovna Alayeva, expert work experience, including 32 years in forensic examination bodies, with a qualification certificate No. 316 dated 28.03.2003, issued by the Ministry of Justice of the Republic of Kazakhstan for conducting forensic examination in the specialty 10.4 "forensic construction and commodity science research".

23.01.2026 year LLP "center of exports and exports" № 2, the conclusion of specialists was received, where experts were asked the following questions:

1. What is the market value of a land plot, excluding structures, located at the address: Almaty, Karasay district, fundamental rural district, Koksai village, Kvartal 13 street, House 26/39?

2. What is the market value of housing, economic and other structures, as well as fences?

3. What is the market value of green spaces located on a land plot at the address of the House?

4. What is the cost of the possible costs associated with the seizure of real estate located at the address of the House?

In this question, experts came to the following conclusions:

1.the market value of a land plot located at the address: Almaty, Karasay district, Irgeli rural district, Koksay village, Kvartal 13 street, House 26/39, excluding buildings, at the time of the survey may be 20,916,000 tenge.

2.the market value of housing, economic and other structures, as well as fences located at the address: Almaty, Karasay district, Irgeli rural district, Koksay village, Kvartal 13 street, House 26/39, at the time of the study may be 53,512,196 tenge.

3.the market value of green spaces located on a land plot at the address: Almaty, Karasay district, Irgeli rural district, Koksai village, Kvartal 13 street, House 26/39, at the time of the survey may be 291,486 tenge.

4.the cost of possible losses (losses) associated with the seizure of real estate located at the address: Almaty, Karasay district, Irgeli rural district, Koksai village, Kvartal 13 street, House 26/39 at the time of the study may amount to 1,064,678 tenge.  

= 75,784,360 tenge.

January 30, 2026 the plaintiff is the defendant of the Akim of Karasai district .... ....in a civil case initiated on the claim of the NA on the forced alienation of a land plot for state needs, the court decided to appoint a commodity examination,

"The Republican state treasury Enterprise ""Center for forensic examinations of the Ministry of Justice of the Republic of Kazakhstan "" should instruct the experts of the Institute of forensic examinations in Almaty." Ask the experts the following question:

- What is the market value of the fence, housing (153 m2), outdoor toilet, topchan, canopy and planted plants (rose bushes, Thuja trees) on a plot of land with a total area of 0.0600 hectares, Cadastral number No. 03-047-097-2557, located in the fundamental rural district of karasay district, Almaty region?

Expert opinion No. 4027 of the RGCP "center of sudebny expertise MU RK Institute of sudebny expertise City of Almaty" dated 03.03.2026 expert/specialist Zholseitova A. G. on the above question, concluded: the market value of the land plot on which the fence, housing (153 m2 ), outdoor toilet, topchan, roof and planted plants (rose bushes, Thuja trees) can be 52,490,624 tenge "I'm sorry," he said.

In accordance with Paragraph 8 of Chapter 2 of the valuation standards approved by the order of the Minister of Finance of the Republic of Kazakhstan dated May 5, 2018 No. 519, the following sequence of actions is used to determine the value of a real estate object by the method of comparative analysis:

Comparative approach methods:

1) method of comparative analysis – determination of the value of movable property objects by comparing recent sales and offer prices comparable to the evaluated object after the implementation of appropriate adjustments that take into account the differences between them;

2) market information method-determination of the value of movable property using information on the price of offers published in the price lists of manufacturing plants, dealers or other sources of information on the price of offers;

3) the method of statistical modeling is to look at the evaluated object as a representative of some sets of homogeneous objects for which the price is known, however, this set does not have an exact similarity for the estimated object. Develops a mathematical model of the dependence of prices on one or more parameters using statistical methods based on information about similar objects included in such a set, after bringing the prices of similar ones in accordance with uniform requirements by adjusting them;

4) the method of correlation models – a mathematical model of the dependence of prices on one or more parameters. According to this model, taking into account the parameters of each of the evaluated objects, the estimated price of the evaluated objects is obtained.

At the same time, the analyzed report does not reflect the justification of the adjustments (correction factors) used in the calculation of the cost using a comparative approach.

In addition, in accordance with the requirements of the valuation standard, a detailed calculation of the value of the object is not given in the report, but is limited only to the data specified in the tabular part of the report, which is a violation of the requirements of the valuation standard.

When determining the final value, there is no justification for the results obtained by the comparative method of weight coefficients, nor is the method of analysis of hierarchies proposed in the methodological literature used.

No assessment of the damage caused to the owner who owns a residential building and a land plot was carried out.

In accordance with paragraphs 4 and 5 of Article 9 of the Civil Code of the Republic of Kazakhstan and Paragraph 4 of Article 67 of the law on state property, the damage caused must be compensated in full.

Damage related to the seizure of Housing and land is understood as losses (actual damage) committed or had to be committed by a person whose property rights have been violated, as well as income (missed profit) that he could have received in the normal state of civil turnover, if his property rights have not been violated.

Calculation of the actual damage

Actual damage is losses incurred or had to be incurred by a person whose property rights were violated as a result of the seizure of property for state needs. The amount of actual damage is determined on the basis of payment documents provided by the owner, and in their absence, at average market prices for similar losses.

The composition of the actual damage includes:• costs associated with moving to a new place;• costs associated with the registration of rights to a new real estate object;• costs associated with the activities of Realtors;• costs associated with the rental of property (temporary storage of property) during the period of searching for real estate instead of alienated property.

* Expenses related to the activities of a lawyer (lawyer) the fee for the services of a lawyer is an expense borne by the owner.

The market value of the land plot to be purchased under the real estate valuation act of Dom Otsinki LLP No. 1480/25/ALM-68 dated October 17, 2025: 46,045,700 tenge.

Expert opinion No. 4027 of the RGCP "center of judicial expertise MU RK Institute of judicial expertise of the city of Almaty" dated 03.03.2026 market value 52,490,624 tenge,

the assessment of the market value of a house with a land plot, in which the above points were not taken into account in the conclusions of the evaluated expert/specialist, was carried out with numerous, including gross violations in the field of application of the methodology for selecting and calculating analogues.

These two conclusions obtained as a result of 46,045,700 Tenge, the result in the amount of 52,490,624 tenge cannot be used as an evidence base, since the report contains significant signs of unreliability.

Dear Court, No. 1480/25/ALM-68 of Dom Otsenki LLP dated October 17, 2025, expert opinion of RGCP "center of sudebny expertise MU RK Institute of sudebny expertise city of Almaty" №4027 of 03.03.2026 we do not agree with the assessment report, since we believe that this report was a poor-quality and unbiased assessment.

The main principles of evaluation activities are objectivity and reliability, however, these principles were not observed when conducting the assessment. These violations directly affect the interests of the defendant, since the assessment is carried out in relation to property owned for state needs, that is, in connection with the issue of compulsory termination of ownership and eviction from housing.

The main principles of evaluation activities are objectivity and reliability, however, these principles were not observed when conducting the assessment. These violations directly affect the interests of the defendant, since the assessment is carried out in relation to property owned for state needs, that is, in connection with the issue of compulsory termination of ownership and eviction from housing.

At the same time, in accordance with the requirements of the assessment standard, the report of the expert opinion of Rgcp "center of sudebny expertise MU RK Institute of sudebny expertise city of Almaty" No. 4027 dated October 17, 2025 No. 1480/25/ALM-68 of Dom Otsenki LLP dated 03.03.2026 does not indicate a detailed calculation of the cost of the object, limited only to the data provided in the reporting table of the report, which is a violation of the requirements of the assessment standard. When determining the final value, there is no justification for assigning weight coefficients to the results obtained by the comparative method, nor is the method of analyzing hierarchies proposed in the methodological literature used. The size of the land plot and premises of the comparable objects obtained by the expert is not at all comparable to the size of the defendant's land plot and premises, since the acquired objects are too small in size.

It should be noted that the market is quite large and there are dozens of offers for the sale of land plots. As everyone knows, the defendant's home is one of the elite areas for a comfortable and safe life. However, unfortunately, the appraiser showed a reduced assessment when determining the estimated value of the alienated property.

In this regard, the defendant is presented to the court:

Report No. 413 dated 02.12.2025 on the report of the market value of the House Assessment Act: 100,640,000 tenge;

23.01.2026 year LLP "center of exports and imports" No. 2 the report of the conclusion of the assessment of specialists is defined as: 75,784,360 tenge.

We consider this report to be reliable and fair, and the market value indicated in it corresponds to the actual market value of the expropriated real estate.

In accordance with paragraph 2 of Article 67 of the law of the Republic of Kazakhstan "on state property", the value of a land plot alienated for state needs, as well as real estate located on a land plot, is determined in the amount of their market value, regardless of the grounds for the emergence of rights to a land plot.

According to the law of the Republic of Kazakhstan "on valuation activities", market value is the most likely price at which an object can be alienated on the basis of a transaction in a competitive environment. At the same time, the actual market price can be determined only in cases where one of the parties to the transaction is not obliged to sell the object, and the other party is not obliged to buy it, as well as in the absence of coercion to any of the parties to the transaction.

Dear court, the defendant's family made their own plans for this plot of land, invested heavily in real estate, and also spent money on the development of the infrastructure of the site for a long time. The actions of the Plaintiff caused irreparable damage to the moral state of the family.

In accordance with Article 255 of the Civil Code of the Republic of Kazakhstan, the termination of ownership of immovable property on the basis of a decision of a state body not aimed at the direct seizure of the property of the owner, including the decision on the seizure of a land plot on the location of a house, other structures, buildings or plantings belonging to the owner, is allowed only in cases and in accordance with the

If the owner does not agree with a decision that entails the termination of ownership, then this decision cannot be made until the dispute is resolved in court. During the consideration of the dispute, issues of compensation for all damage caused to the owner are also resolved.

Because of the above arguments

Report No. 413 dated 02.12.2025 on the report of the market value of the House Assessment Act: 100,640,000 tenge;

23.01.2026 year LLP "center of exports and imports" No. 2 the report of the conclusion of the assessment of specialists is defined as: 75,784,360 tenge.

The amount specified in this report must be fairly accepted as the actual market value of the real estate to be alienated.

In accordance with Article 8 of the Civil Code of the Republic of Kazakhstan, actions of citizens and legal entities aimed at causing harm to another person, abuse of the right in other forms, as well as the exercise of the right contrary to its purpose are not allowed.No one can take advantage of their dishonest behavior.

According to Article 68 of the code of Civil Procedure of the Republic of Kazakhstan, each evidence is evaluated in terms of relevance, admissibility and reliability, and all collected evidence must be sufficient to resolve a civil case. However, the expert opinions of Dom Otsenki LLP No. 1480/25/ALM-68 of October 17, 2025, RGCP No. 4027 of 03.03.2026 "center of sudebny expertise MU RK Institute of sudebny expertise city of Almaty" presented in this civil case are unfounded as evidence.

According to Article 72 of the Civil Procedure Code of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the basis for its claims. However, this requirement is not observed in the statement of claim.

According to Article 73 of the Code of Civil Procedure of the Republic of Kazakhstan "presentation of evidence", evidence is submitted by the parties and other persons participating in the case to the court of First Instance at the stage of preparing the case for trial.

In accordance with Article 8 of the Civil Procedure Code of the Republic of Kazakhstan, everyone has the right to apply to the court for the protection of violated or challenged constitutional rights, freedoms and legally protected interests.

In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties independently choose their position in the course of civil proceedings, methods and means of its protection, independently of the court and other bodies and persons.

Expenses related to the activities of a lawyer (lawyer) the fee for the services of a lawyer is an expense borne by the owner.

Article 109 of the APK of the Republic of Kazakhstan. For the distribution of court expenses between the parties, the court shall charge all court expenses incurred in the case to the party in whose favor the decision was made from the other party. If the claim is partially satisfied, then the expenses are charged to the plaintiff – in proportion to the amount of the claim claims satisfied by the court, and to the defendant in proportion to the part in which the claim claims were denied.

In accordance with Article 113 of the Civil Code of the Republic of Kazakhstan, the court, at the request of the party in favor of which the decision was made, charges the expenses for payment for the assistance of a representative (several representatives) who participated in the process and are not in an employment relationship with this party in the amount of the actual expenses of the party.

The total amount of these expenses for property claims should not exceed ten percent of the satisfied part of the claim. The amount of expenses for claims of a non-property nature is collected within reasonable limits, but it should not exceed three hundred monthly calculation indices.

Based on this article, Zhaupker applied for legal assistance to the legal office "Law and Law", concluded an agreement No. 0312/22 and paid 700,000 tenge to the personal account of the office. Proof of this was the contract and the receipt given by Caspi Pei.

        In accordance with articles 401, 402, 403, 404 of the Civil Code of the Republic of Kazakhstan, it is provided that an appeal may be filed against court decisions that have not entered into legal force. The right to appeal a court decision belongs to the parties, other persons participating in the case and is considered by the board of the appeal court for civil cases of the regional and equivalent Court in the collegium of at least three judges of the collegium. An appeal is filed through the court that issued the decision. An appeal may be filed in the final form within a month from the date of the decision, and from the date of sending them a copy of the decision by persons who did not participate in the trial.

        Based on the above and guided by articles 401, 402, 403, 404 of the Civil Code of the Republic of Kazakhstan,

We ask the court:

* Karasay District Court of Almaty region dated March 26, 2026

The defendant's appeal against the decision is satisfied;  

* Change the decision of the court on the claim of the plaintiff against the defendant on the compulsory alienation (purchase) of the land plot and housing for state needs dated March 26, 2026 and cancel the court decision in terms of determining the value of the purchased land plot and housing in the amount of 52,490,624 tenge;

* Establish the cost of monetary compensation to the defendant for the forced alienation (purchase) of a land plot and housing for state needs as compensation to be paid in the amount of 75,784,360 tenge;

* From the plaintiff, paid for the assistance of a lawyer in favor of the defendant  

     700,000 tenge – production.

With respect,

Defendant: N. A....

Lawyer: G. T. Sarzhanov.

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