Review of the eviction claim
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To Almaly District Court No. 2 of Almaty to Judge Dogalova Aigerim Beshenovna.
. 267 Tole bi St., 050062, Almaty. tel. +7 (727) 333-11-46
From the defendants: B.J.K. IIN ............ Address: Almaty, ul.... №20/58
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Abylai Khan str. No. 79, office No. 304 info@zakonpravo.kz
Phone: 8 700 978 57 55
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for an eviction statement of claim
There is a civil case in your proceedings No. 7520-20-00-2/913 dated January 24, 2020 on the claim of K.A.S. (Hereinafter referred to as the Plaintiff) against B.Zh.K. (Hereinafter referred to as the Defendant) for eviction from an apartment located at the address: Almaty, ul., K. No. 20/58. The plaintiff's claim is motivated by the fact that the above apartment was put up for auction by a private bailiff J.B.M., on the basis of executive document No. 7520-18-00-2/116 dated May 22, 2018. After paying the full cost of the real estate, the seller, represented by a private bailiff, and I (the Plaintiff) concluded a purchase and sale agreement. And accordingly, he asks the Court to evict the Defendant and all the other residents from the apartment located at the address: Almaty, K. Street No. 20/58, in connection with the change of ownership. We do not agree with these claims, as we consider the filed claim to be premature and not subject to satisfaction on the following grounds: The defendant and her family members are registered and live in an apartment located at the address: Almaty, ul. K... №20/58.
Review of the eviction claim
Currently, the Defendant intends to exercise his right to improve housing conditions by applying to local governments with an application for registration as those in need of housing. Neither the Defendant nor her family members are able to purchase housing on their own due to their difficult financial situation. According to Article 25 of the Constitution of the Republic of Kazakhstan, Housing is inviolable. The deprivation of housing is not allowed, except by a court decision. Conditions are being created in the Republic of Kazakhstan to provide citizens with housing. The categories of citizens in need of housing specified in the law are provided for an affordable fee from public housing funds in accordance with the norms established by law. A number of human housing rights are regulated by international acts that affect the legal regulation of housing relations in the Republic of Kazakhstan. Thus, one of the fundamental documents of the United Nations, the Universal Declaration of Human Rights, states that everyone has the right to a standard of living, including food, clothing, housing, medical care and necessary social services, which is necessary to maintain the health and well-being of himself and his family, etc. (art. 25 of the Universal Declaration of Human Rights a person). Another provision of the Universal Declaration of Human Rights reads as follows: "No one may be subjected to ... arbitrary attacks on the inviolability of his home" (Article 12 of the Universal Declaration of Human Rights). Also, we have currently filed a private complaint with the Almaty City Court of Appeal against the Ruling of the District Court No. 2 of the Almaly district of Almaty dated April 23, 2020 on the restoration of the missed procedural deadline for filing a complaint against the actions of a private bailiff of the executive district of Almaty, Zheksenbaev B.M. We hereby intend to appeal against the actions of CHSI Zh., on the transfer for sale of real estate located at the address: Almaty, ul., room No. 20/58. By virtue of art . 11 of the International Covenant on Economic, Social and Cultural Rights states: "The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The Participating States will take appropriate measures to ensure the exercise of this right, recognizing the importance of international cooperation based on free consent in this regard."
Thus, the claims made by the Plaintiff violate the constitutional rights and rights of the Defendant's members and her family and are therefore not subject to satisfaction.
Based on the above, I ASK THE COURT:
To refuse to satisfy the Plaintiff's claims for the Defendant's eviction from the apartment located at the address: Almaty, ul., No. 20/58.
Sincerely, Proxy Representative: ________________/ Sarzhanov G.T. "___"_____________ the year 2020.
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Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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