On declaring illegal the minutes of the meeting of the housing commission regarding the refusal to register as a person in need of housing and the obligation to register as a person in need of housing and to assign current housing payments
No. 6001-24-00-6ap/2345 dated February 22, 2025
Plaintiff: A.S.
Respondent: RSU "Military unit of the National Guard of the Republic of Kazakhstan"
The subject of the dispute: on the recognition of the illegal minutes of the meeting of the housing commission regarding the refusal to register as a person in need of housing and the obligation to register as a person in need of housing and assign current housing payments
Review of the plaintiff's cassation complaint PLOT:
The plaintiff is undergoing military service under a contract in the RSU "Military unit of the National Guard of the Republic of Kazakhstan" as an officer of the detachment.
On January 9, 2024, the plaintiff filed a report addressed to the commander of the military unit on recognition of those in need of housing with the appointment of current housing payments.
By the protocol of the housing commission of the military unit dated January 26, 2024, the plaintiff was denied registration and assignment of housing payments in connection with the alienation of immovable property owned.
The plaintiff, disagreeing with the defendant's refusal, filed a lawsuit with the court.
Judicial acts:
1st instance: the claim was denied.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts are upheld.
Conclusions: in accordance with paragraph 1 of Article 101-2 of the Law of the Republic of Kazakhstan "On Housing Relations" (hereinafter referred to as the Law), military personnel exercise their right to housing from the date they are recognized as needing housing by providing official housing or transferring housing payments to their personal special account.
Due to the requirements of subparagraph 5) of paragraph 3 of Article 101-3 of the Law, employees of special state bodies, internal affairs bodies, operational and investigative units of the authorized body for combating corruption and (or) military personnel are denied recognition as needing housing if they or their spouses have alienated habitable housing in the last five years. the locality in which they serve, except in the case when their spouses had a home before marriage. In this case, the alienation of a share of less than fifty percent in the dwelling is not taken into account.
Guided by the above-mentioned norms, the local courts made a legitimate conclusion to dismiss the claim, since the plaintiff, having a habitable dwelling at his place of service in the city of A., alienated it.
The Board agreed with the conclusions of the local courts that the military unit lawfully refused to recognize the plaintiff as in need of housing and assign him current housing payments, since the sale of habitable property was made in 2022, and by the time the plaintiff filed the report, the five-year period had not expired.
Since the circumstances of the case were established correctly by the local courts, and the norms of substantive and procedural law were applied correctly, the collegium found no grounds for revoking the contested judicial acts.
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