On declaring illegal and canceling the decision of the housing commission regarding the termination of housing payments and the obligation to eliminate the violation 

No. 6001-23-12/6pod/4 dated 02/22/2023

Plaintiff: M.M.

Defendant: Military unit

The subject of the dispute: on the recognition of the illegal and cancellation of the decision of the housing Commission of June 20, 2022 regarding the termination of housing payments and the obligation to eliminate the violation

Revision on the proposal of the Chairman of the PLOT:

M.M. serves in a special government agency and the defendant in this case is a special government agency in the field of foreign intelligence, which follows from the information provided by the defendant, which is classified as "Secret".

The plaintiff is challenging the decision of the housing commission of the Military Unit dated June 20, 2022 on the termination of housing payments from February 18, 2021.

Judicial acts:

1st instance: by the decision of the SMAS of Astana dated December 26, 2022, the case was sent to the Military Court of the Akmola garrison.

Cassation: the case was sent by jurisdiction to the Military Court of the Akmola garrison.

Conclusions:

In accordance with article 103 of the CPC, military courts consider administrative cases involving claims by military personnel of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, and citizens undergoing military training, if the defendant is a military command or military unit, with the exception of cases under the jurisdiction of other specialized courts.

The defendant is a military unit, which is obvious from its name. M.M. has been serving in the specified military unit since June 16, 2009.

Under such circumstances, the conclusion of the SMAS of Astana about the jurisdiction of the present case to the Military Court of the Akmola garrison is correct.

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