A specialized inter-district administrative court in Kostanay heard a case filed by a claimant against the non-profit joint-stock company "State Corporation 'Government for Citizens'" challenging its actions, reports infohub.kz.
According to the official Telegram channel of the courts of Kostanay Region, the court established that the defendant had refused to accept documents for the public service "State registration of rights (encumbrances) on immovable property."
The refusal was based on the existence of encumbrances imposed as a result of enforcement proceedings.
However, in this case, the norm provided by Subparagraph 5 of Paragraph 1-1 of Article 31 of the Law "On State Registration of Rights to Immovable Property" was applicable. Under this norm, when registering a right to a share in common property, refusal to register rights in the presence of encumbrances that preclude state registration of a right or other object of state registration shall not apply.
During the proceedings, the parties used mediation and reached an agreement to settle the dispute.
Under the terms of the agreement, within 5 working days from the date the court ruling approving the mediation agreement enters into force, the claimant undertakes to apply to the NJSC at the location of the immovable property with an application for the public service "State registration of rights (encumbrances) on immovable property," attaching the full package of documents required by law.
In turn, the NJSC "State Corporation 'Government for Citizens'" undertakes to accept the application and provide the corresponding public service.
The mediation agreement was approved by court ruling.