The court restored the right of a resident of Pavlodar Region to receive housing from the state housing fund from 2008 — the moment she was admitted to an orphanage. The decision has entered into legal force.
WHY B. WAS REGISTERED LATE
As reported by the Supreme Court, in 2008, B., who had been left without parental care, was placed in an orphanage. However, she was only registered to receive housing under the category “orphans and children left without parental care” in 2014.
In 2023, the authorised body removed B. from the waiting list, citing her relocation to another locality as her permanent place of residence. After appeals in the pre-trial procedure, she was reinstated on the waiting list, but only from the date of her initial registration — 2014.
WHY THE CASE WENT TO COURT
B. disagreed with this decision and went to court. She demanded that her right to be registered to receive housing be recognised from 2008, when she was admitted to the orphanage.
The court found that the late registration was not B.'s fault. At that time, she was a minor and could not independently exercise her right to receive housing.
The orphanage where B. was raised has since been liquidated. At the same time, the authorised body did not provide evidence of her being in foster care, which could have affected the legal assessment of the circumstances of the case.
WHAT THE COURT ESTABLISHED
The court established the inaction of state bodies and the unlawfulness of the actions of certain officials, which led to the violation of the plaintiff's housing rights and legitimate interests.
In accordance with the provisions of the Law “On Housing Relations”, orphans and children left without parental care who have been recognised as in need of housing and registered are not subject to removal from the register until they receive housing.
Taking into account the established circumstances, the court restored B.'s housing rights to receive housing from the state housing fund from the date of her admission to the orphanage — from 2008.
The court decision has entered into legal force.
