STATEMENT OF CLAIM for eviction without provision of other housing

 

Inter-district Juvenile Court of Astana

The plaintiff:

State Institution "Department of Housing and Housing Inspection of Astana city"

BIN 200340006724

State Institution "Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan"

Address: Astana city

Republic Avenue, 32

Trusted person

S.S.B.

8-707-....

The defendant:

S.O.A.

IIN ...

Address: Astana city,

10/5 A. Street, apartment 1

phone: 8 707...

The defendant:

P.I.D.

IIN ..

phone: 8 776...

 

 

 

STATEMENT OF CLAIM

about eviction without providing other housing

 

Based on the act of acceptance and transfer dated March 2, 2020, the State Institution "Management of Assets and Public Procurement of Astana city" housing at 10/5 A. Street, Apartment No. 1, Astana city, was transferred to the balance of the State Institution "Management of Housing Stock and Housing Inspection of the Akimat of Astana city" (hereinafter referred to as the Department).

Based on the act of acceptance and transfer dated April 24, 2019, drawn up between the Department and G.D.A., he moved into this apartment.

Further, in accordance with the resolution of the Akimat of Astana, the Institution and the City of Astana signed a lease agreement for premises from the state housing stock No. 228 dated September 4, 2019 (hereinafter referred to as the Agreement), which is valid until June 6, 2024.

The contract does not specify the composition of the family, except for G.D.A.

As a result of the monitoring conducted by the staff of the Institution, it was established that on November 6, 2020, the defendant, together with the family, lived illegally.

          In addition, during the monitoring, it became known about the death of defendant G.D.A. and that G.D. A. has a daughter named P.I.D.

           The Management staff took the phone number of P. I. D., and it was informed that it was necessary to write an application to the Management for the renewal of the Contract.

          On August 10, 2021, P.I.D. applied for a renewal of the Contract in her own name.

          The Office of P.I.D. responded on August 24, 2021, No. 182-04-03 / FL-P-5706. that her application would be considered by the housing commission.

          At a meeting of the commission for the consideration of housing management issues, according to Protocol No. 11 dated 10/14/2021, a decision was made to refuse P.I. D. to conclude a lease agreement (lease).

P.I. D. received the Management's response to the application for renewal of the contract on purpose on August 16, 2022.

P.I.D. received the Management's response to the application for renewal of the contract on purpose on August 16, 2022.

It is worth noting that on October 6, 2021, as a result of monitoring, it was established that the defendant lives with his children in the above-mentioned apartment.

In order to resolve the issue in a pre-trial manner, notifications No. 182-03-01/925 and No. 182-03-01/926 on the need for voluntary release were sent to the defendants on April 25, 2024 and handed over via WhatsApp Messenger on April 26, 2024.

However, to date, the defendants have not taken any action to voluntarily vacate the apartment, and it is not possible to resolve this issue in a pre-trial manner (there is a screenshot of the delivery of the notice and a report on the delivery of the notice).

In addition, according to paragraph 3 of Article 77 of the Law, housing from the housing stock of a State institution is provided on the basis of a decision of the housing commission of a State Institution on the provision of housing and a lease agreement concluded in triplicate. One copy of the rental agreement is kept in the administration of a state institution, the second is transferred to the local executive body, which is kept as a document of strict accountability, the third is transferred to the applicant and is the only document granting the right to live in an apartment building.

Currently, the defendants voluntarily reside in an apartment building from the communal housing stock without any grounds provided for by the legislation of the Republic of Kazakhstan.

In accordance with subparagraph 6) of Article 107 of the law, it is allowed to evict the tenant (subtenant), members of his family or other persons living with him, without providing another dwelling if the person independently entered the dwelling.

In accordance with Article 188 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan),

1. The right of ownership is the right of a subject, recognized and protected by legislative acts, to own, use and dispose of property belonging to him at his discretion.

2. The owner has the right to own, use and dispose of his property.

   The right of ownership means the legislative provision for the actual ownership of property.

Due to the illegal actions of the Kaldarov family, the management cannot manage the property.

In accordance with Article 260 of the Civil Code of the Republic of Kazakhstan, the owner has the right to claim his property illegally acquired by another person.

Based on the above, guided by Articles 148, 149 of the Civil Procedure Code of the Republic of Kazakhstan, Articles 188, 260 of the Civil Code of the Republic of Kazakhstan, Article 77 of Article 8 of the Law, subparagraph 6) of Article 107,

WE ASK THE COURT to evict Sh.O.A. along with the entire following family members: Sh.V.Ya., Sh.E.Ya., Sh.A.Ya., Sh.D.Ya., Sh.E.Ya., Sh.V.Ya. and P.I.D. from the housing at 10/5 A. Street, Astana, without providing housing from the state housing fund and a dwelling rented by a local executive body in a private housing fund.

 

 

Applications:

1. Regulations of the State Institution "Department of Housing Stock and Housing Inspection of the Akimat of Astana";

2. Power of Attorney No. 182-07-08/416 dated February 22, 2024;

3. Order No. 477/0 of March 4, 2020;

4. The act of determining the actual place of residence (copies);

5. Preliminary response to the appeal of P.I.D. dated August 24, 2021 No. 182-04-03-5706;

6. Final response to P.I.D.'s appeal dated November 21, 2021 No. 182-04-03-5706;

7. Acceptance and transfer certificate for 2019;

8. Agreement No. 228 dated September 4, 2019;

9. P.I. D.'s statement dated August 10, 2021;

10. Acceptance and delivery A. 105-1;

11. Notice No. 182-03-01-926;

12. Notice No. 182-03-01-925;

13. Screen message No. 182-03-01-926;

14. Screen message No. 182-03-01-925;

15. Registered real estate rights (Form 2).

 

Representative by proxy S.S.

 

 

 

 

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