In Kostanay, the court found the refusal to privatize the apartment illegal

T. went to Kostanay city court with a legal claim to the Department of State Revenue on the recognition of illegal refusal to privatize the apartment.

The plaintiff explained in court that by order of the akim dated March 6, 1998, according to the order her husband was given a four-room apartment with a total area of 80.8 sq. M for 4 people of the family. The plaintiff and her family members continue to live in it until now.

In turn, the representative of the State Revenue Department did not recognize the plaintiff legal claims, and, referring to the departmental housing status, spoke about the legitimacy of refusing privatization.

The court found that the apartment could not be allocated as an official one, because the spouse of the plaintiff was not included in the list of categories of workers who are provided with office accommodation approved by the Cabinet of Ministers Decree.

Interviewed as a witness, the head of the department of state archive M. provided the court with archival data on the disputed apartment, confirming the fact of finding the original contract of sale and disposal of the city akim. The plaintiff also provided a technical passport for the apartment dated March 31, 1998, in which the owner of the apartment indicated JSC "Tourmys". Since in the subsequent JSC was liquidated without succession, the relevant documents were not filed by the plaintiff.

The court, on the basis of the results of the consideration of T. legal claim, satisfied in full, having recognized the refusal of the Department to privatize the apartment and the decision of the housing commission to be illegal, abolished it. The court ordered the state institution to transfer the apartment to communal property with a one-time issuance of a certificate of residual value.

The court's decision did not come into legal force.