Application form for cassation review of the case
To the Supreme Court of the Republic of Kazakhstan,
To the Chairman of the judicial board
in civil cases
The new zip code is Z05H9F3
(old zip code 010000),
Astana, the left bank of the Ishim River,
39 D. Kunaev street.
The person submitting the petition: ...........
IIN..............
………………
IIN ……………
………………..
IIN ……………………
Address: Almaty, ..............., D....., sq . m ......
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., Business center Block, office No. 202.
info@zakоnpravo.kz
+7 708 578 57 58.
THE PETITION
on the cassation review of the case
The court's decision of February 24, 20.... of the year of the District Court No. 2 of the Auezovsky district of Almaty (judge – .......,) in the civil case No...... Resolution dated June 06, 20..... of the year of the Appellate Judicial Board for Civil Cases of the Almaty City Court (chaired by a judge ................ and the judges ...................,) in a civil case №................. according to the claim of the KSU "Housing and Housing Inspection Department of the mountains. Almaty" to ........... termination of the employment contract, eviction. By order of the akim of the Auezovsky district of the mountains. Almaty No.-..... dated March 07, 20... of the year ............. for a team of five people, directly from the gr. .........., gr. ……...., - spouse, gr. .........., - daughters, gr. ..........,.- daughters, gr. ..........,.- my son has been given a studio apartment, located at: gor. Almaty, ......, house 1, sq.38. On the basis of the above-mentioned order from gr. ..........,. A lease agreement has been concluded for housing from the state housing fund No. gr. .........., from July 12, 20... years for the same family composition.
Paragraph 7 of the lease stipulates that "the contract may be terminated at the request of the landlord only on the grounds established by law and in court." By resolution of the Akimat of the mountains. Almaty No.-2\216 dated April 07, 2015 "On the provision of housing from the communal housing stock" gr. .........., for a team of five people, gr. .........., - spouse, gr. ...........- daughters, gr. ..........,.- daughters, gr. ..........,.- my son has been given a two-bedroom apartment at the address: gor. Almaty, mkr-n "gr. ..........,, taking into account the delivery of the previously provided apartment, as well as with the defendant gr. ……...., a new lease agreement has been concluded for housing from the communal housing stock no.-... dated April 08 .... of the year. By letter dated July 29, 20..defendant of the year ....... I was notified that the employment contract no.-..... the contract dated July 12, 20.. is terminated and she needs to vacate the apartment. Under pressure from Housing Management staff ............... She wrote a statement dated 04/10/20.... of the year and pledged to hand over the occupied living space within a few months.
Application form for cassation review of the case
After KSU "Management of housing and housing inspection of mountains. Almaty filed a lawsuit with the District Court No. 2 of the Auezovsky district of the mountains. Almaty, where there is a chairman, judges .............., and all the representatives of the parties considered this civil case in open court. The court, having listened to the explanations of the plaintiff, the defendants, and third parties, studied the case materials, the prosecutor's conclusion, and the court considered that the claim of the KSU "Housing and Housing Inspectorate of the Mountains. Almaty" to gr. .........., gr. .........., gr. ..........,. on termination of the lease agreement, eviction is subject to satisfaction and has decided: To terminate the lease agreement from the state housing stock №-......... dated July 12, 20..., concluded between the Department of Housing of the city of Almaty and gr. .........., with her members families of gr. .........., gr. .........., gr. .........., from the apartment located at the address: gor. Almaty, mkr-n ..., house ..., sq.38. and jointly collect from gr. .........., gr. .........., gr. .........., to the state's revenue . a fee in the amount of 2,269 (two thousand two hundred and sixty-nine) tenge.
Having disagreed with the decision of the court of first instance and considering it illegal, unfounded and subject to cancellation, we filed an appeal against the decision of the District Court no.2 Auezovsky district of Almaty dated February 24, 20.. year. "06" June 20..The Appellate Judicial Board for Civil Cases of the Almaty City Court, chaired by a judge ............ and the judges .........., ............, with the participation of the prosecutor, the representative of the plaintiff, the defendant, having considered at an open court hearing in the premises of the Almaty City Court, a civil case on the claim of the KSU "Housing and Housing Inspection Department of Almaty Almaty" to gr. .........., gr. .........., gr. ..........,, gr. .........., termination of the employment contract, eviction, received on the appeal of the defendant's representative against the decision of the District court No. 2 of the Auezovsky district of Almaty dated February 24, 20..423-426 of the Civil Procedure Code of the Republic of Kazakhstan, the board decided to leave the decision of the District Court No. 2 of the Auezovsky district of Almaty dated February 24, 2017 in this case unchanged, and to dismiss the appeal. The decision of the district court No. 2 of the Auezovsky district Almaty dated February 24, 20... and the Decision of the Appellate Judicial Board for Civil Cases of the Almaty City Court dated June 06, 20.. we consider illegal, unjustified and subject to cancellation on the following grounds: By Order of the akim of the Auezovsky district of Almaty No........ dated 07.03.20... of the year M.J. for a family of five people (she, her husband, 2 daughters and a son), a studio apartment was provided at the address: Almaty, mkr. ..., house ..., sq.38. On the basis of the above-mentioned order from gr. ……...., a contract for the rental of housing from the state housing fund No.003266 dated 12.07.2007 was concluded on the provision of housing for rent at the address: Almaty, mkr.... d..., kv.... the family consists of 5 people (husband – gr. .........., gr. .........., gr. ..........,.). After numerous letters ............. to all instances of the executive power on the request to provide housing, the Almaty City Housing Department has registered those in need of improved housing conditions among the socially protected segments of the population in the order of priority. ........... Resolution of the Akimat of Almaty No. 2/216 dated April 07, 20.. of the Year "On the provision of housing from the communal housing stock" ............., for a family of five people, a two-bedroom apartment was provided from the communal housing stock of the city of Almaty at the address: Almaty, MD. "....", d....., sq. m., taking into account the delivery of a studio apartment at the address: Almaty. mkr...., d...., kv....., provided to her by the order of akim of Auezovsky district of Almaty №.... dated 03/07/20.... (contract for the rental of housing from the state housing fund №............. dated 12.07.20....), ................ in the statement dated 04/10/20.... The company has committed to rent out the occupied living space within a few months, since moving and repairing takes time. However, the Plaintiff did not provide an order or resolution or other document from the akim on the eviction of the family. .................. from a one-room apartment located in Almaty. mkr...., d.... sq.38.
According to the Statement of Claim of the KSU "Department of Housing and Housing Inspection of the city of Almaty" ............ after receiving an apartment located at the address of Almaty, MD "...........", D. ............., sq. 12, must hand over to the Housing Department a one-room apartment at the address: Almaty, md. .., house ..., sq.38. However, the received housing is located at Almaty, md. "...", d...., sq. 12, built according to the state program for socially vulnerable segments of the population, which were given to citizens from the communal housing stock on credit, was given a roll (vertically, the data was obtained from a letter from the State Department of the State Architectural and Construction Control of Almaty.) To this day, construction companies are carrying out construction work to strengthen the foundation of the house. To this day, authorized state and non-state bodies have not given a final opinion on the safety of the house for living. And we consider the claims against the Almaty City Housing and Housing Inspectorate to be premature, since in order to begin, the Almaty City Construction Department and other authorized bodies must eliminate all violations committed during the construction of the house and commission a safe house for living. Currently, living in this house is dangerous and the whole family lives in a one-room apartment in Almaty, md. ..., house ..., sq....., from which the KSU "Housing and Housing Inspection Department of Almaty" is trying to deprive and evict a family ...... classified as socially vulnerable segments of the population (victims of nuclear tests at the Semipalatinsk nuclear test site). If, after all, house no....., mkr "....." is recognized as an emergency (and this is not surprising) family ..... There's nowhere to go.
Also according to the SNiP of the Republic of Kazakhstan 5.01-01-2002 From 2002, Appendix No. 4, pages 80-81, specifies the limits of base deformations (roll) of multi-storey structures should not exceed 0.005 cm. But in this case, a roll of 142 mm is unacceptable and entails the destruction of the house. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.
Application form for cassation review of the case
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