The claim is not subject to consideration in administrative proceedings and is subject to refund.

No.6001-22-00-6ap/2354 dated 05/11/2023

The plaintiff: State Institution "Department of Housing and Housing Inspectorate of the city"Respondent: RSU "Department of Emergency Situations of the city"Interested person: T.S.

The subject of the dispute: the recognition of the decision of the housing Commission in part of the resolution of the T.S. to privatize office housing as illegal

Review of the plaintiff's cassation appeal

PLOT:

By the protocol decision of the Housing Commission No. 12 dated 12/22/2020, dated 10/26/2021 and dated 05/26/2022, the privatisation of a service dwelling located in the city was allowed.

The Management does not agree with the decision, as T.S. has already used the right to privatize housing from the state housing fund free of charge.

Judicial acts:

1st instance: the claim is returned.

Appeal: the definition remains unchanged.

Cassation: judicial acts are upheld.

Conclusions:

In subparagraph 33) of Article 4 of the CPC, the plaintiff is defined as a person who has appealed to the court in defense of his violated or disputed rights, freedoms, and legitimate interests, or a person in whose interests a lawsuit has been filed by a prosecutor or other person authorized by the laws of the Republic of Kazakhstan.

The return of the claim is motivated by the fact that the plaintiff, as a state body, does not have the right to file administrative lawsuits challenging the legality of the decisions of another

since in the case under consideration the defendant does not exercise his authority over the plaintiff, accordingly, there is no dispute between them based on public law relations.

As established by paragraph 12 of the Rules for the Privatization of Housing from the State Housing Stock, approved by Resolution No. 673 of the Government of the Republic of Kazakhstan dated July 2, 2013 (hereinafter referred to as Rules No. 673), the decision on the privatization of housing is made by: 1) from the communal housing stock - housing commissions of local executive bodies; 2) from the housing stock of state enterprises - housing commissions of state enterprises; 3) from the housing stock of state institutions - housing commissions of state institutions.

Housing commissions decide on the privatization of housing and submit a reasoned refusal in writing (paragraph 15 of Rules No. 673).In these circumstances, the court considered that the protocol meeting of the housing commission of the Department does not have the signs of an administrative act for Managing housing, since it does not implement the rights and duties of Management established by law.

 

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