(23 January 2026 | Source: Telegram channel 'LETTERS TO THE PRESIDENT')
The family of a resident of Almaty appealed to the President with a statement about the impossibility of returning a land plot, despite a criminal sentence having entered into force. According to the applicants, the courts refused to transfer the property to the legal owner and did not take into account the findings of the criminal court during the subsequent consideration of the case.
HOW THE CONFLICT DEVELOPED
According to the circumstances outlined in the appeal , Adisha Kuzembayeva owned a land plot of 1 hectare in Almaty. In 2023, the plot, it is alleged, was re-registered to third parties without the signing of contracts or the issuance of powers of attorney by the owner. The family learned of the loss of the land only after construction work had begun.
A criminal case was opened regarding this incident. The appeal states that on 26 November 2024, the court of the Bostandyk district of Almaty delivered a guilty verdict, establishing the fact of fraud. According to the applicants, the verdict states that the plot was stolen from Adisha Kuzembayeva, and all subsequent transactions were recognised as a consequence of the crime. The court also ordered the return of the land to the legal owner.
COURT DECISIONS AND THEIR REVIEW
On 25 February 2025, the Almaty City Court, according to the appeal, upheld the sentence. Subsequently, civil courts declared the transactions regarding the plot invalid, and these decisions entered into legal force.
After this, the applicants claim, procedural decisions followed which they consider unfounded. In particular, it is alleged that a postponement of the execution of the court decision was granted, which was upheld by the appellate instance. Before the expiry of the postponement period, the execution of the decision was suspended, after which the previously adopted judicial acts were overturned, and the case was sent for a new hearing.
FINAL DECISION
In December 2025, the court, the applicants allege, refused Adisha Kuzembayeva's claim. At the same time, according to them, the court did not take into account the criminal sentence that had entered into force and recognised the individuals who received the property as bona fide purchasers.
The applicants believe that the findings of the criminal court were ignored, and the principle that bona fide acquisition cannot arise from a crime was not applied.
APPEAL TO THE PRESIDENT
In conclusion, Adisha Kuzembayeva and her son appealed to the President of Kazakhstan with a request to provide a principled assessment of the actions of the courts, to ensure the priority of the criminal verdict, and to stop the practice which they regard as legitimising the consequences of fraud through court decisions.