The use of a land plot is not allowed until its boundaries are established in kind (on the ground) and the territorial land management authority issues documents certifying the right to the land plot, unless otherwise provided for in the decision of the executive body on the provision of the land plot.
For example, Kh. appealed to the court with a statement recognizing the refusal of the akim of the Paryginsky rural district to provide a land plot as unlawful and obliging the akimat of the Paryginsky rural district to allocate him the requested land plot of 0.08 hectares.By the decision of the Zyryanovsky district Court, the requirements were partially satisfied, it was decided to oblige the akimat of the Paryginsky rural district to allocate a land plot in the area of the Paryginsky rural district. On appeal, this decision was changed, and the obligation of the akimat of the Paryginsky rural district to allocate a land plot in the area of the Paryginsky rural district was canceled.It was decided to recognize the refusal of the akim of the Paryginsky rural district to satisfy the application of H. on the provision of a land plot as illegal and oblige the akimat of the Paryginsky rural district to consider the application of H. on the allocation of the requested land plot of 0.08 hectares in accordance with the requirements of the land legislation. In changing the decision, the Court of appeal pointed out that the court of first instance had reliably established that the applicant had repeatedly applied for a land plot. However, the plaintiff's statements were not properly considered by the defendant. On one of his statements, the defendant indicated a refusal to provide a land plot. According to paragraph 6 of Article 43 of the Land Code, a refusal to grant the right to a land plot is formalized by a decision of the local executive body of the settlement (rural) district, and must be motivated, and a copy handed over to the applicant within seven days after the decision is made. The specified requirements of the law were violated by the defendant.
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