A 32-year-old resident of Astana, who has been raised in an orphanage since the age of 7, currently does not have his own housing in Kazakhstan. Nevertheless, he has been working and registered in the capital for over 7 years.
In 2019, the housing management and housing inspection of Astana, as well as the city akimat, denied his application to be placed on the waiting list for state housing. The reason for the refusal was the requirement to submit an application through the portal "kezekte.kz", which rejected his documents due to non-compliance with age criteria.
Dissatisfied with this decision, the man filed a lawsuit, demanding that the management be obligated to register him for housing from the state housing fund, as well as provide temporary housing until his turn comes. The first-instance court and the appeal court granted his requests. However, the defendants filed a cassation complaint.
The judicial panel for administrative cases of the Supreme Court, upon reviewing the case, confirmed the plaintiff's right to be placed on the housing waiting list, as he has been living in Astana for over 3 years — since 2016, albeit in a summer house owned by another person. The issues with submitting documents through the "kezekte.kz" portal were recognized by the court as an obstacle to the realization of his legal rights.
The court noted that the plaintiff had repeatedly submitted applications since April 1, 2019, and the arguments presented by the defendant were not refuted. As a result, the Supreme Court upheld the decisions of the local courts and ordered the housing management and housing inspection to register the plaintiff as in need of housing under the category "orphans, children without parental care," starting from April 1, 2019.