In 1998, Tamara Toktomametova founded the family-type children's home "Altyn Uya" in the southern capital, where orphaned children are raised. However, they may now lose their housing due to a lawsuit filed by the Osh city council for the return of the land on which this home is located.
A Happy Childhood in a Foster Family
Eldiyar Mukhanov, a lawyer and co-founder of the children's home, reported that there are currently 12 orphaned children of different nationalities living in "Altyn Uya," seven of whom have disabilities. Along with the foster children, Tamara raises her own children and grandchildren, creating an atmosphere of a large and friendly family.
Children stay here until they are 18 years old, but after that, they have no relatives, no property, and no place to go. All of them are registered at the address where they were raised.
Eldiyar Mukhanov
The family lives in a building that was once a kindergarten, located on land owned by the "Zhibek" factory. After its bankruptcy, the building remained vacant until the mayor's office allowed Tamara Toktomametova to use it to create a family children's home.
In 2006, based on a government decree, the children's home was included in the city budget, which allowed for the allocation of small funds for its maintenance. However, support from benefactors is also necessary to ensure full functioning, the lawyer noted.
Reviving an Abandoned Kindergarten
Since 1995, the privatization of social facilities, including kindergartens, has been prohibited. If an enterprise cannot maintain its facilities, it is obliged to transfer them to the municipality. Thus, the kindergarten building was transferred to the Osh mayor's office.
The mayor's office transferred the building to various organizations for repair and use, but all refused due to the need for significant investments to restore the dilapidated building, constructed in 1927.
Tamara Toktomametova formalized guardianship over all her wards and began to renovate the building. Part of the premises was registered in her name, and thanks to the law on the transfer of property for the upbringing of children, Tamara was able to privatize part of the building for the foundation she heads.
The Osh mayor's office transferred the premises to various organizations; however, the commission recognized the building as unsuitable, considering its condition and the need for serious repairs.
Eldiyar Mukhanov noted that there is a special provision for the transfer of abandoned facilities to small entrepreneurs.
The building, which previously served as a dormitory and then became a kindergarten, with an area of about 800 square meters, was transferred to the Public Foundation named after Tabyldy Mukhanov, which was also allocated a plot of 0.29 hectares.
Disputes Over the Land Plot
Tamara Toktomametova restored the premises and, in addition to the children's home, opened a private kindergarten, the income from which helps support her wards. However, when the foundation attempted to obtain rights to the land plot, the mayor's office denied this.
The foundation filed a lawsuit challenging the legality of the sale agreement for the building. The legal proceedings lasted several years, and in 2007, the Supreme Court confirmed the legality of the agreement.
After that, the mayor's office, realizing that the legal proceedings were not in their favor, was forced to sell the land plot adjacent to the building to the foundation.
A New Lawsuit from the City Council
In 2022, the Osh city council filed a lawsuit to declare the mayor's decision to sell the land plot on which the children's home is located invalid. The reason was that the privatized facility, in their opinion, is not being used for its intended purpose.
Eldiyar Mukhanov expressed confusion: "The children who were once of nursery age now need the kindergarten we opened based on our home. We are actually using the facility for its intended purpose."
He added that there are legal acts that emphasize the importance of raising orphaned children in family conditions.
"The mayor's office recognizes the lawsuit, but we do not, as we are actually the owners of the property and use it for its intended purpose — for orphaned children," the lawyer noted.
Construction on the Site of the Former Kindergarten
Eldiyar Mukhanov questions why the lawsuit is filed against them and not against those who built residential buildings on the territory of the former kindergarten. Several multi-story buildings are currently under construction on this site.
"Moreover, the city council cannot file a lawsuit against its subordinate body, that is, the mayor's office, but the court accepts it, and we have already lost in two instances — city and regional. Only the Supreme Court remains," he added.
Appeal for Help
The lawyer emphasized that the state has not provided housing or land plots for the graduates of the children's home "Altyn Uya." All household issues are resolved by Tamara Toktomametova. Among the wards are seven children with disabilities. Eldiyar Mukhanov questions: "What are they supposed to do?"
"We have been in legal proceedings for three years. Everyone sees that these are orphaned children, disabled. We hope for an objective and fair resolution of our issue. However, we feel that lawlessness is happening. We want our problem to be heard by President Sadyr Japarov and the head of the GKNB Kamchybek Tashiev," he concluded.
