Provision of dismissed military personnel with housing from the state housing stock if they were not provided with it during their military service, but who were entitled to receive it is not provided by law.
D. filed a claim with the State Institution "Ministry of Defense of the Republic of Kazakhstan" for housing, arguing that during his service he was not provided with housing, although he was on the waiting list for housing in the Karaganda garrison. By the decision of the military court of the Akmola garrison dated October 02, 2013, D.'s claims were denied. By the decision of the Appellate Judicial Board for Civil and administrative cases of the Military Court of the Republic of Kazakhstan, the decision of the court of first instance remained unchanged. By the decision of the Cassation Judicial Board of the Military Court of the Republic of Kazakhstan, the decision of the court of first instance and the decision of the court of appeal were changed. The court ordered the Ministry to provide D. and his family of 3 people with a dwelling with a usable area of at least 45 square meters. Regarding the refusal to provide housing to 2 other members of the plaintiff's family, the judicial acts of the lower authorities remained unchanged.
The Supervisory Judicial Board for Civil and Administrative Cases of the Supreme Court of the Republic of Kazakhstan overturned the decision of the cassation instance, upholding the decision of the appellate judicial board and the decision of the military court of the Akmola garrison on the following grounds. During the consideration of the case, the court found that D. had been discharged from military service in accordance with subparagraph 4) of paragraph 1 of Article 26 of the Law "On Military Service and the status of military Personnel" for health reasons, excluded from the list of personnel of the unit, all types of support. The Court of First instance, dismissing D.'s claim, concluded that the plaintiff was not eligible for housing because he did not have the necessary seniority. The appellate instance, leaving the court's decision unchanged, agreed with the conclusions of the court of first instance. The cassation Board, having annulled judicial acts of lower judicial instances, concluded that the requirements of the Law "On Military Service and the Status of Military Personnel" were violated in respect of D., according to which he has the right to receive housing from the state housing fund and has the right to privatize it. The conclusions of the court of first instance and the Court of appeal on the denial of the claim are correct, however, the supervisory board indicated that it was necessary to dismiss the claim on the following legal grounds. In accordance with paragraph 171 of the Rules of Military Service in the Armed Forces, other troops and military formations of the Republic of Kazakhstan, the date of exclusion from the lists of military personnel of the unit is considered to be the day of dismissal of a serviceman from military service. The court found that D. He was discharged from military service on February 28, 2013, that is, during the period of validity of the Law "On Military Service and the Status of military Personnel." In accordance with the requirements of article 45 of the Law, military personnel in need of housing and members of their families permanently residing with them are provided with housing for the period of military service at the expense of the State. This article, which regulates the procedure for providing housing for military personnel, entered into force on January 01, 2013. In accordance with the requirements of article 55 of the Law (transitional provisions), military personnel who have been in military service for ten years or more as of January 1, 2013, are provided with official housing from the state housing stock, which they have the right to privatize (with the exception of housing located in closed and isolated military camps, border posts and in commandant's offices) on the terms and in accordance with the procedure provided for by the housing legislation of the Republic of Kazakhstan. According to paragraph 20 of Article 2 of the Law "On Housing Relations", an official Bulletin dwelling is a dwelling with a special legal regime provided from the housing stock of a state institution and intended for occupancy by citizens of the Republic of Kazakhstan for the period of their duties related to the nature of their employment relationship. Article 99 of the Law on Housing Relations stipulates that housing is provided to military personnel for the period of military service. It follows from the provisions of articles 45, 55 of the Law on Military Service and the Status of Military Personnel, and article 99 of the Law on Housing Relations that the right to receive official housing is guaranteed to military personnel undergoing active military service. The Law does not provide for norms obliging discharged military personnel to provide housing from the State housing stock if they were not provided with housing during their military service, but were eligible to receive it.
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