Protection of housing rights of orphaned children
By the decision of the judicial board for civil cases of the Karaganda Regional Court dated July 9, 2019, the decision of the district court No. 2 of the Kazybekbiysky district of Karaganda dated May 8, 2019 on the satisfaction of M.'s application for recognition of actions as illegal remained unchanged. The applicant was removed from the register in the category of "orphans left without parental care, under the age of twenty-nine, who lost their parents before adulthood" in connection with leaving for permanent residence in another locality. The applicant's residence in the city of Temirtau was temporary in connection with her studies at a vocational lyceum, she is a person in need of housing (an orphan), in accordance with paragraph 1 of Article 73 of the Law, orphans and children left without parental care, single-parent families are not subject to de-registration, in accordance with this Law. recognized as needing housing and registered before receiving housing. Another example. G. appealed to the court to declare illegal the decision of the Akimat of the city of Kokshetau to remove her from the register. On March 16, 2017, citizens in need of housing from the state housing fund were registered in the category of "orphaned and children left without parental care." On June 5, 2019, it was removed from the register, as the applicant's spouse owns the dwelling on the basis of a purchase and sale agreement dated January 19, 2018. By the decision of the Kokshetau City Court of the Akmola region dated February 11, 2020, the application satisfied, since, by virtue of the provisions of paragraph 1 of Article 73 of the Law, orphans and children left without parental care, single-parent families, mothers with many children who were awarded the pendants "Altyn Alka", "Kumis alka" or who previously received the title "Mother Heroine", as well as those awarded the orders ofMaternal glory" of the I and II degrees, large families, recognized as needing housing in accordance with the procedure established by this Law and registered before receiving housing.
Protection of housing rights of orphaned children
In addition, the total area of the purchased apartment (dorm room) is 31.5 square meters, the living area is 13.5. The family consists of 3 people. Incorrect definition of the range of circumstances relevant to the case served as the basis for changing the judicial act. By a decision of the judicial board for civil cases of the West Kazakhstan Regional Court dated June 5, 2019, the decision of the Uralsk city Court No. 2 dated April 2, 2019 on the refusal to satisfy K.'s application was amended, and a new decision was made to satisfy it. The applicant's spouse, who was included in the list of persons suffering from severe forms of illness and in need of better housing conditions by the decision of the Mayor of the city dated April 17, 2000, died on May 28, 2012. After his death, the queue for housing was retained by his wife (the applicant) K. Earlier on November 30, 2006, she privatized an apartment - a room in a dormitory with a total area of 25 sq.m., a usable area of 16 sq.m., which was sold on September 12, 2007. K. is a mother of many children, was awarded an Altynalka pendant, therefore, the authorized body It was necessary to suggest K. to make a replacement from the category of "Disabled people of groups 1 and 2" to "large families". The applicant does not have the right to receive housing from the state housing fund as a matter of priority by the Decision of the Pavlodar City Court dated June 17, 2019. partially satisfied. The court declared illegal the denial of the primary right to receive an apartment as a person equated to the participants of the Great Patriotic War. Since 2013, the applicant has been a disabled person of the third group without a medical examination due to an injury sustained during military service related to exposure to ionizing radiation. Since March 27, 2015, S. has been registered on the list No. 2 "Socially vulnerable segments of the population" in the category "a person equated to participants in the Great Patriotic War" with a family of three as needing housing from the state housing stock; queue number – 4486. In January 2019, S. He asked to provide him with housing as a matter of priority as a person who became disabled at the Chernobyl nuclear power plant. However, he was refused, since only disabled people and participants of the Great Patriotic War have the primary right to receive housing from the state housing fund. By the decision of the Judicial Board for Civil Cases of the Supreme Court of the Republic of Kazakhstan dated December 24, 2019, judicial acts were canceled, the civil case was sent for new consideration to the court of appeal. Upon reconsideration of the case in the appellate instance, the judicial board refused to satisfy S.'s stated claims, since the Law does not provide for a preferential right to housing for the categories of persons to whom the applicant belongs. Disabled people and participants of the Great Patriotic War, as well as orphans and children left without parental care, have the primary right to receive housing from the state housing stock or housing rented by a local executive body in a private housing stock. The court found it illegal to de-register a citizen after 13 years due to leaving for permanent residence in another locality. From March 30, 1993 to October 30, 2004, she served in the Armed forces of the Republic of Kazakhstan, was discharged upon reaching the age limit. In connection with the liquidation of the military camp, the office housing was vacated. By the decision of the housing commission under the Akimat of Ust-Kamenogorsk dated April 25, 2006, as a military servicewoman, she was included in the priority list of those in need of housing at her chosen place of residence.
Protection of housing rights of orphaned children
At the same time, from the moment of registration to the day of applying to the court, she permanently resided in the suburbs due to the lack of financial opportunity to live in the city of Ust-Kamenogorsk. By the decision of the housing commission, S. was excluded from the priority list for receiving housing from the state housing stock on the basis of subparagraph 2) of paragraph 1 of Article 73 of the Law in connection with leaving for permanent residence in another locality. In accordance with the provisions of Article 12 of the Law of the Republic of Kazakhstan dated January 20, 1993 No. 561 "On the status and social protection of military personnel and their family members", which became invalid by the Law of the Republic of Kazakhstan "On Military Service and the status of military personnel", military personnel three years before their retirement from military service by age are included by local the executive bodies of districts, cities of regional significance, cities of republican significance, and the capital at their chosen place of residence are included in the priority lists for housing allocation from the state housing stock. After registration, S. did not change her place of residence, so the application was granted.
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