The acquisition of ownership rights in relation to State property by way of prescription is excluded.
The acquisition of ownership rights in relation to State property by way of prescription is excluded. This follows from the position of the legislator when drafting the Law "On State Property". Thus, during the preparation of the draft of this law, one of the grounds for the termination of the property rights of the state (the Republic of Kazakhstan or an administrative-territorial unit) was indicated and the statute of limitations, but subsequently this proposal was not fixed in the law itself. As already mentioned, a claim for recognition of ownership rights by virtue of the statute of limitations can be filed only in respect of a thing that has been put into civil circulation. Immovable property is considered to be put into civil circulation if data about it is contained in the legal cadastre. This rule follows from the provisions of subparagraph 6) of Article 1 of the Law of July 26, 2007 No. 310 "On State Registration of Rights to immovable Property", according to which the state registration of rights to immovable property is a mandatory procedure for state recognition and confirmation of the emergence, modification or termination of rights to immovable property. Since in civil law the transfer of ownership of immovable property is conditioned by the state registration of rights to it, the owner of the immovable thing is practically known.
The acquisition of ownership rights in relation to State property by way of prescription is excluded.
It should be borne in mind that the rule on state registration of rights to immovable property was also valid in the Civil Code of the Kazakh SSR. Thus, ownership of an apartment building, a building located in a city or a work settlement had to be registered with the executive committee of the local Council of People's Deputies. In practice, this was carried out by the Bureau of Technical Inventory (BTI). If the named objects were located in a rural locality, then registration was carried out with the executive committee of the rural (aul) Council of People's Deputies. At the same time, there are cases when there is no data on the real estate object in the legal cadastre. It is possible that the reasons for this may be shortcomings in the work of the registration authorities, and in relation to housing built before 1991, the lack of state registration may mean that this dwelling belongs to the state housing fund. In the event that the absence of information in the legal cadastre on the registration of state rights to immovable property was due to improper performance by State bodies or officials of the tasks assigned to them, the courts should be guided by the provisions of article 84 of the Law "On State Property", according to which the State cannot waive the rights to property belonging to it. The waiver by State bodies, their representatives and officials of the right of the State to State property is invalid.
A different application of the institution of the statute of limitations takes place in the legislation of the Russian Federation. Thus, from the content of paragraph 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 "On certain issues arising in judicial practice in resolving disputes related to the protection of property rights and other proprietary rights", it follows that the statute of limitations also applies to state property. In the case of the claim of A. The Petropavlovsk city Court No. 2 decided to dismiss the claim for recognition of ownership rights due to the statute of limitations in respect of an apartment for which there were no registered rights in the legal cadastre. The case established that the apartment was provided to the plaintiff's family in 1993 on the basis of an order from the City Council of People's Deputies. The court's refusal to satisfy the claim is legitimate, since the plaintiff is the tenant of housing from the state housing stock and has the right to acquire ownership of the apartment through its privatization.
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