(25 February 2026 | Source: IAA KazTAG)
The former police chief of Taldykorgan, Marat Kushtybaev, who is serving a sentence under a court verdict, has secured administrative review of the issue of privatising his service flat. A court in Zhetysu declared unlawful the inaction of the regional police department, which failed to submit the ex-chief’s report to the housing commission.
COURT DECLARES POLICE INACTION UNLAWFUL
According to IAA KazTAG, the specialised inter-district administrative court of Zhetysu upheld the claim of Marat Kushtybaev against the police department of the Zhetysu region.
The court declared unlawful the department’s inaction, which consisted of failing to consider a report dated 25 August 2023 concerning the privatisation of housing. The department was obliged to refer the matter to a commission meeting and to make a decision in accordance with the procedure established by law. The court’s decision has entered into legal force.
HOW THE DISPUTE AROSE
According to the case materials, Kushtybaev served in law enforcement agencies for more than 35 years.
In 2016, he and his family members were provided with a flat in Taldykorgan. In August 2023, after the property was transferred to the balance sheet of the Zhetysu regional police department, the parties entered into a tenancy agreement for the service accommodation.
On 25 August 2023, Kushtybaev submitted a report regarding the privatisation of the flat he occupied. The document was registered in the prescribed manner, but the housing commission did not consider it and failed to make a decision.
The plaintiff’s representative in court asked for the inaction to be declared unlawful and for the department to be obliged to consider the report. The defendant’s representative confirmed that the document had not been considered in a timely manner but asked for the claim to be dismissed. The housing relations department and the akimat left the resolution of the dispute to the court’s discretion.
COURT’S POSITION
The court stated that, in accordance with administrative procedural legislation and the rules for privatising housing from the state housing fund, the housing commission is obliged to consider submitted documents and make a decision or provide a reasoned refusal.
The court classified the failure to consider the report as unlawful inaction by an administrative body, which violated the plaintiff’s rights.
The court further emphasised that the question of whether grounds for privatisation exist or not must be decided by the authorised body — the housing commission. No such decision had been made previously.
VERDICT IN THE RAPE CASE
News that Kushtybaev was suspected of raping a woman in his office became known on 13 November 2023. He was later detained and placed in a temporary detention facility.
The trial was held behind closed doors and began on 28 February 2024.
On 30 April 2024, the court found Kushtybaev guilty of rape and sentenced him to 11 years in prison.