A resident of Pavlodar region who lost parental care has been reinstated in the state housing queue dating back to 2008, when she entered an orphanage. The court ruled that she was not registered in a timely manner due to the negligence of responsible authorities, reports infohub.kz.
According to the court, B. lost parental care and was placed in an orphanage in 2008. However, she was only added to the housing queue for orphans and children without parental care in 2014.
In 2023, the authorized body removed her from the queue, citing her move to another locality for permanent residence. The six years she had spent on the waiting list were not counted.
B. demanded to be reinstated in the queue from 2008, when she entered the orphanage. Despite repeated appeals, she was only re-registered from 2014. She then turned to the court.
During the proceedings, it was established that the delay was not her fault. The responsibility to register the child for housing in a timely manner lay with the authorities and organizations acting as guardians.
"The court found that B. was not included in the queue in a timely manner due to the improper performance of duties by the authorities and organizations exercising guardianship functions. There is no fault of the plaintiff in the late registration. As a minor, she was deprived of the opportunity to independently exercise her right to housing," the court's statement said.
The orphanage where the woman was raised had been liquidated by that time. Moreover, the authorized body, as noted in the case materials, did not provide evidence that could affect the legal assessment of the situation.
The court reminded that orphans and children without parental care who are recognized as in need of housing and registered cannot be removed from the queue until they receive housing. The court found violations in the actions of officials that led to the infringement of the plaintiff's constitutional rights and legitimate interests.
As a result, B. was restored the right to receive housing from the state housing fund from the date of admission to the orphanage — 2008. The decision has entered into legal force.
Earlier, Kursiv reported that in Otbasy Bank, a case was found where two employees, for an illegal reward, changed the category of a person in the queue to "families raising children with disabilities," which gave him the right to claim more favorable conditions for obtaining housing. The deal was stopped, the employees were dismissed, and the materials were transferred to law enforcement agencies. The bank stated that the case was isolated.