On challenging an administrative act, the National Security Committee

No.6001-23-00-6ap/814 dated 08/9/2023

Plaintiff: M.A.

Respondent: State Institution "National Security Committee of the Republic of Kazakhstan"

The subject of the dispute: the contesting of an administrative act.

Review of the plaintiff's cassation appeal.

PLOT: On September 16, 2022, M.A. applied to the Department of the National Security Committee of the city with a request to conduct an internal investigation against their employee T.A. On October 5, 2022, the deputy head of the Department refused to conduct an internal investigation, which was appealed by the plaintiff to the Committee.

On November 17, 2022, the Committee decided that T.A.'s actions did not provide grounds for conducting an internal investigation and bringing him to disciplinary responsibility.

Judicial acts:

1st instance: the claim is returned.

Appeal: the court ruling is upheld.

Cassation: judicial acts are upheld.

Conclusions: The local courts, returning the claim, concluded that the Committee's decision of November 17, 2022, disputed by the plaintiff, does not create burdensome consequences for him, since by virtue of part 6 of Article 100 of the CPC, in case of disagreement with the decision of the body considering the complaint, the participant in the administrative procedure has the right to appeal the administrative act, administrative action (inaction) in another body reviewing the complaint, or to the court.

At the same time, attention was drawn to the fact that in this case, the burdensome act against the plaintiff is the Department's decision of November 5, 2022, which was not appealed.

By virtue of the above, the judicial board agrees with the conclusions of the local courts on the return of the claim as not subject to consideration in administrative proceedings, since the plaintiff, in case of disagreement with the results of consideration of his complaint, has the right to challenge the Department's decision to a higher authority or court, and the Committee's decision of November 17, 2022 is not subject to independent appeal.

 

 

 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases