Orphan from Pavlodar Region Regains Housing Queue via Court, Backdated to 2008

In the Pavlodar region, a girl left without parental care has regained her right to housing from the state housing fund through a court ruling, as reported by infohub.kz.

According to the official Telegram channel of the Supreme Court, in 2008 the resident was placed in an orphanage. However, she was only registered on the housing waiting list under the category of 'orphans and children left without parental care' in 2014.

In 2023, the authorized body removed her from the waiting list, citing her move to another locality for permanent residence. In pre-trial proceedings, she demanded that her right to be registered be restored from 2008, the time she was admitted to the orphanage. Despite repeated appeals, she was only reinstated on the list from the original registration date in 2014.

Disagreeing with this decision, the plaintiff filed a lawsuit to recognize her right to be placed on the housing waiting list from 2008.

The court found that due to improper performance of duties by the bodies and organizations responsible for guardianship, the plaintiff was not registered on the waiting list in a timely manner. The delay was not the plaintiff's fault: as a minor, she could not independently exercise her right to housing. The orphanage where she was raised has since been liquidated.

The authorized body failed to provide evidence that the plaintiff was under foster care, which could have affected the legal assessment of the case. According to the Law 'On Housing Relations', orphans and children left without parental care who are recognized as needing housing and placed on the waiting list cannot be removed from the list until they receive housing.

The unlawful actions of officials led to the violation of the plaintiff's constitutional rights and legitimate interests. Since the court established both the inaction of state bodies and the illegality of actions by individual officials, her housing rights to receive housing from the state housing fund were restored from the date of admission to the orphanage. The decision has entered into legal force.