Eviction from official homes.
Official dwellings have a special legal regime and are intended to be inhabited by citizens for the period of their duties related to the nature of the employment relationship (subparagraph 4) of Articles 2, 109, 111 of the Law "On Housing Relations").
Office dwelling is a dwelling with a special legal regime provided from the housing stock of a state institution and intended for occupancy by citizens of the Republic of Kazakhstan for the period of their duties related to the nature of their employment relations, as well as by citizens of the Republic of Kazakhstan participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on employment (subparagraph 20) Article 2 of the Law of the Republic of Kazakhstan "On Housing Relations").
The Talgar district court of the Almaty region was approached by the PC "Agriculture "Plemzavod "Almaty" to the third party H.M.M., the defendants R.N., A.A.A. with a claim for eviction. During the consideration of the case, it was established that by Order No. 6 of 03/24/1981, A., A. was accepted into the collective farm of the Order of Lenin (Alma Ata) and in 1981 he was given an apartment, where his family members, his wife, R.N.K., and his son, A.A., moved in. By Order No. 6 of On 04/08/1986, Rakhimova N.K. was accepted into the specified collective farm.
By Protocol No. 2 of the 02/17/1995 general meeting of the collective farm, the collective farm was disbanded and the Alma Ata farm was established. By decision No. 63 of December 29, 1995, the Razdolne rural Akimat of the Talgar district of AA issued warrant No. 85 for the specified apartment.
By decision No. 1 of the General Meeting dated January 21, 1998, the Alma Ata peasant farm was reorganized into the Agricultural enterprise Plemzavod Almaty.
By Order No. 7 dated 04/20/1998, A.A. and R.N.K. were dismissed at their own request from 04/17/1998. In 2005, A.A. died.
In the resolution of the Supreme Court of the Republic of Kazakhstan dated 11/27/2012, it is stated that the plaintiff's house No. 6 on the street The international village of Yenbekshi, Talgar district, was built at the expense of the collective farm of the Order of Lenin.
In addition, in decisions No. 115 dated 03/24/1982, No. 381 dated 09/12/1984, No. 11-225 dated 07/20/1989, No. 23-511 dated 12/24/1991 of the Council of People's Deputies of the Talgar district, approved by decision No. 3520 of the Talgar District Court dated 11/29/2013, it is stated that house No. 6 on ul. The international village of Yenbekshi, Talgar district, was built at the expense of the collective farm of the Order of Lenin (Alma Ata) and, from the moment of construction, was accepted into the balance of the specified collective farm as office housing and issued to employees of the specified collective farm.
The Court of First instance concluded that there were no grounds for N.K. Rakhimov and A.A. Ashirov to be evicted from the specified apartment, since on the basis of Articles 81, 103 of the Housing Relations Code, which was then in force, and Article 98 of the Housing Relations Law of the Republic of Kazakhstan, the right to purchase an apartment at a residual value as heirs the number of respondents is unlimited.
By the resolution of the Supreme Court of the Republic of Kazakhstan dated 11/27/2012, the claim of the plaintiff of the PK "Agriculture "Plemzavod "Almaty" regarding the eviction of the defendants Rakhimova N. and Ashirov A. was canceled, and in this part of the statement of claim a new decision was made to leave it without satisfaction.
71 of the Civil Procedure Code of the Republic of Kazakhstan states that the circumstances established by a court decision that entered into force in a previously considered civil case are binding on the court and are not proven again in other civil cases involving the same persons.
By the decision of the Talgar District Court of the Almaty region, the claim of the PK "Agriculture "Plemzavod "Almaty" regarding the eviction of the defendants R. N. and A.A. was discontinued on the basis of the resolution of the Supreme Court of the Republic of Kazakhstan dated 11/27/2012, according to paragraph 2 of Part 1 of art. 247 of the CPC of the Republic of Kazakhstan.
It was established that the exchange agreement for a third party, M.M. Khurshidov, was not registered with the Department of Justice of the Talgar district. On these grounds, the decision of the Talgar District Court of the Almaty region dismissed the claim.
According to Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
By the decision of the Appellate judicial Board of the Almaty Regional Court for Civil and Administrative Cases, the decision of the Talgar District Court of the Almaty region was left unchanged.
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