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Home / Publications / The court declared illegal the decision of the housing commission of the Akimat and in cases of violation of the law, the court has the right to make and send a private ruling.

The court declared illegal the decision of the housing commission of the Akimat and in cases of violation of the law, the court has the right to make and send a private ruling.

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

The court declared illegal the decision of the housing commission of the Akimat and in cases of violation of the law, the court has the right to make and send a private ruling.

According to part 1 of Article 270 of the CPC, when cases of violations of legality are identified, the court has the right to issue and send a private ruling, and if violations are committed by state bodies, officials and civil servants, the court issues and sends a private ruling to the relevant organizations, officials or other persons performing managerial functions, who are required to report on the decisions taken within one month. their measures. In each specific case, it is necessary to carefully check the validity and legality of the contested decisions of state bodies when removing persons from the register of those in need, and when violations by state bodies are detected, they should respond by issuing a private definition. From the generalized category of cases, it can be seen that the courts do not make private definitions for all violated rights of citizens. For example, by the decision of the Aktau city Court No. 2 of the Mangystau region dated March 18, 2019, B.'s application to challenge the decision of the housing commission of the Aktau city Akimat was satisfied.  The court declared illegal the decision of the housing commission of the Aktau city Akimat dated May 11, 2018 No. 14 regarding the removal of the applicant (single-parent family) from the register for housing from the state housing fund. The Aktau city Akimat ordered to eliminate the violation in full and restore the violated rights, freedoms and legitimate interests of the applicant.

 

Inform the court, citizen or legal entity about the execution of the decision no later than one month from the date of receipt of the court decision. However, no private ruling was issued on the elimination of the identified violations during the consideration of the case.

 

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