NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2006 No. 3

About practice of consideration by courts of disputes on the right to housing, left the owner

Due to the questions which arose by hearing of cases in claims of owners for recovery of the rights for ownership, use and the order of the left dwelling, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:

1. In case of the dispute resolution on ownership, use and the order of the dwelling left by owners, courts it is necessary to be guided by provisions of the Civil code of the Republic of Kazakhstan (further - group of companies), the Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Law of the Republic of Kazakhstan of April 16, 1997 No. 94-I "About the housing relations" (further - the Law) and other regulatory legal acts.

2. Excluded

3. Based on Article 250 of group of companies the disclaimer of property can be expressed by the announcement of it or making of other actions (failure to act) definitely testimonial of elimination of the owner from the property right without intention to keep any rights to this dwelling.

The disclaimer of property can proceed only from the citizen or the legal entity who is the owner. The state and its bodies have no right to refuse the property right to the dwelling belonging to them, except as specified alienations in the procedure established by the law.

4. According to article 6 of the Constitution of the Republic of Kazakhstan the property obliges, use of it shall serve the public benefit at the same time.

According to Article 250 of group of companies the disclaimer of property does not stop the rights and obligations of the owner concerning the dwelling. The owner bears burden of its content, obligation on payment of the utility payments and taxes provided by the law. These rights and obligations remain until acquisition of property right to this dwelling by other person.

Making by the owner of the actions testimonial of disclaimer of property without intention to keep any rights to this dwelling, attracts the termination of the property right only based on the judgment which took legal effect about acquisition of property right to this dwelling by other person.

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