On obliging the maslikhat to make a proposal and allocate funds for their construction by the local budget for the preparation of design estimates. 

Dated May 16, 2025 No. 6001-24-00-6ap/2785

Plaintiff: N.

"I don't know," he said.

The subject of the dispute: on the obligation to draw up design estimates for the construction of central sewerage, drainage and stormwater systems in the Zhuldyz microdistrict of the city, on the obligation to make proposals to the maslikhat on the allocation of funds for their construction by the local budget.

Review on the cassation appeal of the plaintiff subject of the case:

As it turned out from the case materials, the plaintiffs are residents of the Zhuldyz microdistrict.

678 residents of the zhuldyz microdistrict have repeatedly appealed to the mayor of the city since 2021 with a request to build a central sewer system, a ditch for the streets, and create conditions for the population.

Answers were given to these applications that this year the sources of funds from the local budget were not provided, but were included in the list of objects requiring the development of design and estimate documentation at this address, after the development of design and estimate documentation and in the case of a positive conclusion from the state examination, this issue will be resolved due to the allocation of funds from the local budget.

But since these obligations of the mayor's office have not been fulfilled in practice for several years, residents appealed to the court with the above requirements. The claims were justified by the fact that due to the inaction of the authorized bodies, there was a threat of rain and groundwater flooding, as a result of which the Houses of residents collapsed.

Judicial acts:

1st instance: by the decision of the Specialized Interdistrict Administrative Court of May 2, 2023, the claim was dismissed.

Appeal: the decision of the court of first instance is upheld.

Cassation: judicial acts are canceled and a new decision is made in the case. The claim of the plaintiffs is satisfied.

The defendants are instructed to draw up design estimates for the construction of central sewerage, drainage and water supply systems in the Zhuldyz microdistrict, and submit to the maslikhat a proposal for the allocation of funds for its construction by the local budget.

Conclusions:

Judging by the circumstances established in court in the case, the Zhuldyz microdistrict belongs to the private sector.

In this district, the akimat provided land plots to individuals for individual housing construction.

The procedure for granting rights to a land plot is regulated by Article 43 of the Land Code (hereinafter referred to as the code).

In accordance with this norm, the right to a land plot from a land owned by the state, as well as from a land subject to auction (auctions) in accordance with Article 48 of this Code, shall be granted in the following order:

acceptance for consideration of the application (application) for granting the relevant right to a land plot;

determination of the possibility of using the requested land plot for the declared intended purpose in accordance with the division into territorial zones;

preliminary selection of a land plot when requesting a land plot for the construction of objects, with the exception of the construction of objects within a locality;

preparation of the conclusion of the Land Commission;

development and approval of a Land Management Project;

adoption by the local executive body of the region, city of regional significance (in the territory transferred to its administrative subordination), district and Akim of a settlement, Village, Rural District of a decision on granting the right to a land plot;

conclusion of a purchase and sale agreement or temporary (short-term, long-term) Land Use Agreement;

establishment of the boundaries of the land plot in the local area;

preparation and issuance of an identification document for a land plot, with the exception of a land plot intended for the construction of objects within a settlement, village.

In accordance with Part 3 of Article 44-2 of the code, it is prohibited to provide land plots for construction in the absence of detailed planning projects or general plans of settlements with an estimated population of more than twenty thousand people and general plans combined with a detailed plan of settlements with a population of up to twenty thousand people (or a scheme for the development and construction of settlements with a population of up to five thousand people replacing them), as well as in the absence of engineering networks.

However, the local executive body did not provide the central sewer system and ditches in the Zhuldyz district, but despite this, people were given land plots.

Currently, 1,2,3 settlements of the Zhuldyz microdistrict have been flooded. This circumstance was not denied by the defendants in court.

In this regard, due to the fact that land plots in the Zhuldyz microdistrict were provided without engineering networks, residents ' houses were damaged due to flooding.

In accordance with subparagraph 7) of Paragraph 1 of Article 31 of the law of the Republic of Kazakhstan "on local public administration and self-government in the Republic of Kazakhstan", the district (city of regional significance) akimat, in accordance with the legislation of the Republic of Kazakhstan, establishes water pipelines, treatment facilities, heat and electric networks and other transport and

organizes the construction and operation of engineering infrastructure facilities, communication networks.

Therefore, the mayor's Office of the city is obliged to provide engineering networks to parts of the Zhuldyz microdistrict in order to correct their mistakes.

In accordance with Article 75 of the budget code, the draft local budget is considered at the Standing Committees and sessions of the maslikhat. The source of funds for the work carried out from the local budget is decided by the Standing Committees of the maslikhat. The local executive body makes a proposal.

In accordance with Article 10 of the code, an administrative body, an official, when exercising an administrative desire, ensures a fair balance of interests of the participant in the Administrative Procedure and the public.

At the same time, the mayor's Office of the city is obliged to apply to the maslikhat with a corresponding proposal on the allocation of funds to resolve this issue.

Assessing the circumstances established in the court in the case, the decision of the first instance being challenged by the judicial board and the Appellate Judicial Board annulled the decision and concluded that the claim of the plaintiffs is subject to satisfaction.

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