The public association Kazakh Society of the Blind has won its court case against the non-profit joint-stock company State Corporation Government for Citizens. The dispute concerned state registration of rights to immovable property, the website infohub.kz reports.
The Cassation Court for Administrative Cases, which heard the administrative case brought by the association, said the plaintiff had sought to have the refusal to register rights to immovable property declared unlawful and to compel the registering authority to carry out the registration.
The lawsuit followed a refusal to register rights to a non-residential premises and a land plot. A court decision that had already entered into legal force had found the purchase and sale agreement for that property invalid and restored the association's ownership and land-use rights.
The first-instance and appellate courts concluded that the refusal to register contradicted the requirements of the law. Court acts that have entered into legal force are binding on all state bodies, legal entities and officials, the court stressed.
The Cassation Court agreed with those conclusions. It said a state body has no right to ignore a court act that has entered into legal force. If the registering authority has doubts about its content, it must apply to the court for clarification rather than refuse the applicant state registration.
The court also noted that the actions of the registering authority had unreasonably restricted the owner's rights, and that the arguments in the cassation appeal contained no new circumstances and had already received proper legal assessment from the lower courts.
As a result, the Cassation Court left the rulings of the first-instance and appellate courts unchanged and dismissed the appeal.