Woman granted aide following apartment fire in parking lot
Firing Up a Fight:
The Specialized Inter-regional Administrative Court in Astana has sided with a victim in a desperate situation, ordering the city's employment department to hand over aid. According to our reports, this unfolded following a legal battle instigated by the victim herself.
D., the apartment owner within a residential complex in Astana, shares her home with her disabled mother who belongs to the II group. In the sweltering summer of 2023, a devastating fire erupted in the parking lot of the complex. The blaze not only obliterated D.'s apartment and vehicle but also left them scorched due to the intense heat.
Determined to seek help, D.turned to the employment and social protection department of Astana, requesting financial assistance since her solitary residence, the damaged apartment, was now uninhabitable. However, the response she received was far from comforting - an email stating that her application for assistance had been bluntly denied.
Undeterred, D. took her case to the Specialized Inter-regional Administrative Court of Astana. The court saw through the injustice and delivered a favorable verdict for D.
The court reasoned, "The defendant's decision to deny material assistance was unlawful as it was based on reasons not outlined in the existing rules. The special commission and the department denied the allocation of material assistance, citing that the fire didn't originate within the residence and the damage wasn't substantial. This misguided decision was made without considering the ambiguous definitions of 'significant damage' and the lack of a requirement for the fire to occur within the residence."
The ruling has been enacted, marking a victory for D. It's essential to note that the aforementioned tragedy tore through the "Crystal" residential complex in Astana, hospitalizing three individuals due to carbon monoxide poisoning, setting six cars ablaze, and damaging four more with heat exposure.
It's crucial to remember that while specific details about this case haven't been widely reported, Kazakhstani administrative courts have shown a growing penchant for challenging local authorities when it comes to safeguarding individuals' rights, as evidenced by recent incidents involving unlawful restrictions on peaceful assembly. This trend suggests that administrative courts are increasingly enforcing procedural compliance to prevent rights infringements.
- The Specialized Inter-regional Administrative Court in Astana, regarding a case in the local news, upheld the rights of a plaintiff who suffered a devastating fire accident in a residential complex in Astana.
- D., the plaintiff, a resident of Astana who lives with her disabled mother, was left without financial aid after her apartment and vehicle were destroyed in a fire at the "Crystal" complex, and her application for assistance was denied.
- The court ruled that the denial of aid to D. was unlawful, citing that the reasons for its denial were not outlined in the existing rules and the damage caused by the fire, while not originating within her residence, justified the need for aid.
- This case serves as a reminder of the growing trend in Kazakhstan, where the administrative courts are taking a more active role in challenging local authorities to protect individuals' rights, as seen in recent incidents involving unlawful restrictions on peaceful assembly.
