Disputes about eviction from housing can unexpectedly take a new turn. After the court decision on eviction is made and executed, illegal tenants, taking advantage of the fact that the apartment is empty, can move in again, offering new reasons for their presence there.
In accordance with paragraph 2 of Article 8 of the Law of the Republic of Kazakhstan "On Housing Relations", eviction of citizens from the residential premises they occupy is permitted only through judicial proceedings. Therefore, despite the clearly illegal actions of the residents who have moved into the apartment, the police will most likely not decide on the eviction. In the event of an appeal to them for eviction, the applicant will be advised to go to court. The owner has the right to apply to the police with a statement on bringing illegal tenants to criminal liability for malicious failure to comply with a court decision under Article 362 of the Criminal Code of the Republic of Kazakhstan. However, the practice of applying this article in the police has not developed, and the result can be expected for a long time.
If the court decision on the initial eviction was executed by the bailiff, then the enforcement proceedings on it are terminated. It is impossible to execute the same court decision again. Therefore, a faster option would be to go to court with a claim for a second eviction of illegal tenants. After this decision is executed, you need to take care of the impossibility of their subsequent settlement.