In Kyzylorda, courts have protected a woman and her minor children from eviction from their rental apartment during the heating season. Enforcement proceedings were suspended until the end of cold weather, a decision upheld by all court instances, reports infohub.kz.
According to case materials, enforcement proceedings were initiated in Kyzylorda to evict the woman and her children from rental housing. The state bailiff issued a ruling to suspend the eviction until the end of the heating season. Disagreeing, the plaintiff — Kazakhstan Housing Company JSC — filed a lawsuit seeking to declare the ruling illegal and overturn it. The plaintiff argued that the woman was not the owner and lived under a lease agreement.
The courts of first instance and appeal dismissed the claim, ruling that the bailiff's actions were lawful. They cited the Convention on the Rights of the Child, the need for priority protection of children's interests, and principles of humanity, justice, and reasonableness.
The Administrative Cassation Court, reviewing the circumstances, found that the enforcement proceedings involved a family with minor children. Under the law, eviction from the only housing of socially vulnerable citizens, families with children, and persons with Group I or II disabilities is prohibited during the heating season. The Law on Enforcement Proceedings and the Status of Bailiffs directly mandates the suspension of such proceedings.
The cassation also noted that the parties had previously entered into a lease agreement with subsequent purchase option, indicating the family's long-term and permanent residence. The suspension is temporary, does not impede the execution of the court ruling, and aims to protect the rights of minors. Consequently, the cassation upheld the decisions of the lower courts.