of July 16, 2007 No. 5
About some questions of the dispute resolution connected with protection of the property right to the dwelling
For the purpose of ensuring the correct and uniform application of the legislation on the property right to the dwelling the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. According to Item 1 of article 26 of the Constitution of the Republic of Kazakhstan, Article 191 of the Civil code of the Republic of Kazakhstan (further - group of companies) and article 11 of the Law of the Republic of Kazakhstan "About the housing relations" (further - the Law) in private property of citizens, legal entities any legally acquired dwelling can be. The rights of owners on ownership, use and the order of the dwelling are protected judicially by the methods provided by legal acts.
Because regulations of the Constitution of the Republic of Kazakhstan restriction of the civil laws of the person is allowed only by the laws, other subordinate regulatory legal acts limiting the rights of the owner, are not subject to application.
2. The claim for the property right to the dwelling is made in court in the place of its stay. The claim submitted with cognizance abuse of regulations returns, and accepted to production - goes on cognizance.
Treat claims for the property right to the dwelling: claims for reclamation of the dwelling from others adverse possession; about elimination of violations of the right which is not connected with deprivation of ownership; about recognition of the right to premises; about recognition of the biddings on alienation of the dwelling invalid; about recognition of transactions on alienation of the dwelling invalid and others.
3. According to Item 2 of Article 118 of Civil Code and article 17 of the Law the property right to the dwelling at the acquirer arises from the moment of its state registration by authorized body, however its absence is not the independent basis for recognition of the transaction invalid.
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