On cancellation of the instruction on payment of average wages for free days
№6001-22-00-6ap / 1266, March 28, 2023
Plaintiff (applicant): SI "Police Department of Shymkent city of the Ministry of internal affairs of the Republic of Kazakhstan"
"I don't know, "he said," but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know.
Subject of the claim: in accordance with the letter No. 21-5-21/19649 dated July 12, 2022, the courts shall not make a decision on the cancellation of the instruction on the payment of average wages for free days of B. M., which is considered within the competence of the courts
recognition of inaction and instruction of the head of the state Labor Inspection Department of Shymkent No. 02MA-30 dated October 20, 2021 as illegal
Review on the Cassation complaint of the plaintiff. Subject of the case:
in December 2021, the plaintiff applied to the court with a claim for illegal recognition of the act of the head of the Labor Inspectorate No. 37-04-03/2622 of October 25, 2021 based on the results of the audit and the Instruction No. 02MA-30 of October 20, 2021.
Judicial acts:
1st instance: the plaintiff's statement of claim is returned.
Appeal: the court ruling is left unchanged.
Cassation: judicial acts remain in force.
Conclusion:
The courts reasonably returned the claim, because the plaintiff, knowing that the deadline for filing a claim for the recognition of Instruction No. 02MA-30 as illegal dated October 20, 2021, re-appealed to the court with this claim.
In accordance with Part 1 of Article 106 of the code of administrative affairs, administrative cases are subject to consideration at the place of issue of the administrative act or at the location of the defendant.
The plaintiff defendant's argument that the committee of Labor and social protection of the Ministry of Labor and social protection of the Republic of Kazakhstan is located in Astana is also unfounded.
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