A resident of a children's home in Semey has been provided with an apartment, and his twin brother has been moved in with him. The latter has appealed to the court to protect his right to separate housing, reports Tengrinews.kz.
The brothers were raised in the Semey children's home for ten years. They attended a special boarding school for orphans.
The twins were registered for housing from the state housing fund under one number. As a result, only one brother was issued a one-room apartment, while the other was listed as a family member.
The Department of Housing Relations and the Housing Inspection of Semey denied the second brother's request to be reinstated in the queue, prompting him to take legal action. The court granted his claim.
"The court, upon reviewing the case, emphasized that every orphan has the right to receive housing from the state housing fund. The court did not accept the arguments of the state body that the plaintiff has housing, as it has been reliably established that a rental agreement for housing was not concluded with him, and the apartment was issued to the plaintiff's brother," the court's statement reads.
In court, it was clarified that "the right to reside in the apartment as a family member of the tenant does not fulfill the constitutional right of the plaintiff to receive housing from the state housing fund under the category of orphans and children left without parental care."
Registering two orphans under one number is a violation of existing legislation by the state body, the court also noted.
According to the court's decision, the Department of Housing Relations and the Housing Inspection of Semey is obliged to reinstate the man in the queue for housing under the category of orphans.
The court's decision has not yet come into legal force.
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