On the recognition of illegal and cancellation of the protocol decision of the housing commission to oblige to pay

monetary compensation

No. 6001-24-00-6ap/857 dated February 20, 2025

Plaintiff: E.V.

Respondent: Russian State Institution "Military Police Department of the Regional Garrison" of the Ministry of Defense of the Republic of Kazakhstan

The subject of the dispute: to declare illegal and cancel the protocol decision of the housing Commission dated May 18, 2023, to oblige to pay

monetary compensation

Review of the plaintiff's cassation complaint PLOT:

By an order dated August 17, 1998, the plaintiff was enrolled as a student at the higher school of the National Security Committee of the Republic of Kazakhstan, and later served in the Department of Internal Affairs of the region as an operative of the criminal investigation Department, an investigator.

By order of October 16, 2006, he was dismissed from the internal affairs bodies at his own request.

By order of the head of the military police department of the garrison from

On March 3, 2011, the plaintiff was hired as an inspector of this department. Since August 2021, he has been serving as the head of the military police department of the garrison.

According to the certificate of the state institution "Main Directorate of Military Police of the Armed Forces of the Republic of Kazakhstan" dated June 22, 2023, as of January 1, 2013, he has a length of service of 9 years, 11 months, 27 days, and as of May 1, 2023, he has a length of service of 20 years.

3 months and 27 days.

According to an extract from the order dated January 25, 2018 of the Main Directorate of the Military Police of the Armed Forces of the Republic of Kazakhstan

"On financial support for military police bodies," it follows that the military police department of the garrison has been placed on financial support for the Military Police Department of the garrison.

On April 17, 2023, the plaintiff filed a report to the head of the Military Police Department of the regional garrison on the payment of monetary compensation for the family.

By a protocol decision of the housing commission of the Military Police Department of the regional garrison dated May 18, 2023, payment of monetary compensation was refused, since E.V., as of January 1, 2013, has a calendar length of service of 9 years, 11 months, 27 days.

The plaintiff, disagreeing with this protocol decision, appealed it in court, indicating that he did not agree with the contents of the protocol and the calculation of the length of service. He believed that as of January 1, 2013, he had 10 years of service, and therefore, he and his family of five people were entitled to compensation payments in return for the right to gratuitous privatization in the form of housing payments.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision of the court of first instance remains unchanged.

Cassation: judicial acts in this case were canceled, a new decision was made to satisfy the claim. The protocol decision of the housing commission of the Russian State University "Military Administration" was declared illegal and canceled.  

police of the regional garrison" of the Ministry of Defense of the Republic of Kazakhstan dated May 18, 2023. The court ordered to pay monetary compensation to the plaintiff in return for the right of gratuitous privatization in the form of housing payments.

Conclusions: according to paragraph 4 of Article 101-2 of the Law of the Republic of Kazakhstan "On Housing Relations", military personnel who have been in military service for ten or more years in calendar terms as of January 1, 2013, who have a military service period of twenty years or more in calendar terms and who live in office premises that are not subject to privatization, are entitled to receive monetary compensation in return for the right of gratuitous privatization in the form of housing payments in accordance with the Rules for Monetary Compensation approved by the Government of the Republic of Kazakhstan.

As follows from the case file, the plaintiff E.V. has a length of service of 20 years, 3 months and 27 days as of May 1, 2023, and lives with his family of five in a service dormitory, which is not subject to privatization.

As for the calculation of the plaintiff's seniority as of January 1, 2013, the judicial board took into account the following circumstances.

In accordance with the requirements of Articles 172 and 173 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), the term may also be defined as a period of time, which is calculated in years, months, weeks, days and hours, while the period determined by the time period begins on the day following the calendar date or the occurrence of the event that determines its the beginning.

The order of the Minister of Defense also stipulates that the start date of the accounting period is indicated according to the actual start date, therefore, the calculation of seniority should be counted not from the next day, but from the date of the issuance of the employment order.

When calculating the length of service of the plaintiff, the Judicial Board first took into account the full years, regardless of how many 365 or 366 days there were in it, then took into account the number of months of work, the number of days and, when summing them up, was guided by paragraph 13 of the Instruction, according to which a calendar year is 365 days and a month is 30 days.

Thus, from August 17, 1998 to December 31, 1998, the plaintiff's length of service was 4 months and 15 days.

From January 1, 1999 to December 31, 2005, the length of service was exactly 7 years.

Further, from January 1, 2006 to October 16, 2006, the length of service is 9 months and 16 days.

Adding up these figures, the plaintiff's total length of service from August 17, 1998 to October 16, 2006 was 8 years, 2 months and 1 day (or 8 years, 61 days).

Then, from March 3, 2011 to December 31, 2011, the plaintiff's length of service was 9 months and 29 days. (29+30+31+30+31+31+30+31+30+31 or 304 days), as well as one calendar year from January 1, 2012 to December 31, 2012, total 1 year 9 months 29 days or 1 year 304 days.

Adding up 8 years, 61 days, and 1 year, 304 days makes 9 years and 365 days, which is 10 years as of January 1, 2013.

In such circumstances, the conclusions of the defendant and the local courts that, as of January 1, 2013, the plaintiff does not have 10 years of service in calendar terms cannot be recognized as legitimate and justified.

Taking into account the above, the judicial board considered it necessary to cancel the decision of the court of first instance and the decision of the court of appeal to dismiss the claim and make a new decision to satisfy the claim for recognition as illegal and cancellation of the protocol decision of the housing commission and oblige the defendant to pay monetary compensation to the plaintiff in return for the right of gratuitous privatization in the form of housing payments.

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