On challenging the actions of the Department of Justice
Dated 2.08.2023, No. 6001-22-00-6ap/2580
Plaintiff: A. T.
Respondent: Russian State Institution "Department of Justice of the region"
The essence of the dispute: about challenging actions
Review of the cassation appeal filed by the plaintiff.
The essence of the matter: On March 18, 2022, the plaintiff applied for registration of the non-profit organization "Kutty Meken". On March 30, 2022, the defendant issued Order No. 234 on termination of state registration, and subsequently, on May 3, 2022, he issued Order No. 325 on refusal of registration.
The plaintiff filed a detailed statement of claim with the court, in which, guided by the current Law of the Republic of Kazakhstan dated January 16, 2001 No. 142 "On Non-profit Organizations", he decided to establish a private non-profit institution in accordance with Article 10 of this Law, the purpose of its creation is the full name of the institution based on the Latin script "Qutty meken". komersialyq emes jeke menşık mekemesı to provide legal and information services to Kazakh compatriots who have moved from abroad for permanent residence in their historical homeland, and Kazakh citizens, The charter was approved by Decision No. 1 of February 10, 2022 for those who migrated from the southern regions to the northern regions under the state program "Kutty Meken" komersialyq emes jeke menşık mekemesı.
For the purpose of registering the specified organization, for the purpose of state registration of 2 (two) originals of the charter in the official language and a receipt for payment of the state fee in accordance with the above-mentioned legislation, to the public services department No. 1 of the Rudnensky city branch of the NAO GC Government for Citizens.
However, the defendant pointed out that by Order No. 325 of May 3, 2022, he unlawfully refused the legal entity on the grounds that the charter should be submitted in two copies in Kazakh and Russian.
Judicial acts:
Stage 1: the claim has been dismissed.
Appeal: the decision is upheld.
Cassation: judicial acts were annulled and a new decision was made to satisfy the claim.
Conclusion: courts of lower instances, in accordance with Article 6 of the Law of the Republic of Kazakhstan "On State Registration of Legal Entities and Registration of branches and representative Offices", for state registration of a legal entity with the registration authority, accompanied by the constituent documents specified in Article 7 of this Law, drawn up in Kazakh and Russian and presented in two copies on the basis of after submitting an application in the form of a claim, the claim was dismissed.
However, such a conclusion of the lower courts cannot be considered legitimate and justified. According to article 5 of the Code of Administrative Procedure, the task of administrative proceedings is the fair, impartial and timely resolution of administrative cases in order to effectively protect and restore violated or disputed rights, freedoms and legitimate interests of individuals, rights and legitimate interests of legal entities in public relations.
In the first part of Article 7 of the Constitution of the Republic of Kazakhstan, the official language in the Republic of Kazakhstan is Kazakh. In accordance with Article 4 of the Law of the Republic of Kazakhstan dated July 11, 1997 No. 151 "On Languages": the official language is Kazakh. The State language is the language of public administration, lawmaking, judicial proceedings and record keeping, used in all spheres of public relations throughout the territory of the state.
Proficiency in the state language, which is the most important factor in consolidating the population of Kazakhstan, is the duty of every citizen of the Republic of Kazakhstan.
The government, other state, local representative and executive bodies are obliged to: maximize the development of the state language in the Republic of Kazakhstan, strengthen its international authority; create all organizational, material and technical conditions necessary for the free and free use of the state language by all citizens of the Republic of Kazakhstan; assist the Kazakh diaspora in the preservation and development of their native language.
According to article 8 of the said law: the state language is the language of work and record keeping of state bodies, organizations and local self-government bodies of the Republic of Kazakhstan.
Appendix No. 3 to the Resolution of the Constitutional Council of the Republic of Kazakhstan dated February 23, 2007, according to the Constitution, the Kazakh language is the official language in the Republic of Kazakhstan. In government organizations and local governments, Russian is officially used on an equal basis with Kazakh.
The State takes care of creating conditions for the study and development of the languages of the people of Kazakhstan (Article 7). In the resolution of the Constitutional Council of May 8, 1997 No. 10/2, paragraph 2 of Article 7 of the Constitution "the Russian language is officially used on an equal basis with Kazakh in state organizations and local self-government bodies" is explained as follows: "this constitutional norm is interpreted unambiguously, in state organizations and local authorities languages are used equally, without any exceptions."
This legislation, which regulates public relations in connection with the exercise of their powers by state organizations and local self-government bodies, makes it possible to provide mechanisms for the exercise of everyone's constitutional rights in the field of language functioning, including appeals by individuals and legal entities to state bodies and local self-government bodies and their compliance with paragraph 2 of Article 7 of the Constitution in which language Equal access to information in Kazakh or Russian is ensured without participation in the conduct of the case.
According to article 2 of the LPC, the Constitution of the Republic of Kazakhstan has the highest legal force and operates directly on the entire territory of the Republic. In case of contradictions between the norms of this Code and the constitutional law of the Republic of Kazakhstan, the provisions of the constitutional law shall apply.
In case of contradictions between the norms of this Code and other laws, the provisions of this Code shall apply.
Article 6 of the Law of the Republic of Kazakhstan "On State Registration of Legal Entities and Registration of branches and representative Offices" contains contradictions between the Resolution of the Constitutional Council of the Republic of Kazakhstan dated February 23, 2007 No. 3.
Therefore, the provisions of the constitutional law apply. The defendant's representative did not refute these facts.
In this situation, the contested order does not comply with the requirements of the above-mentioned Law.
In addition, the actions of the administrative body are an obstacle to creating conditions for the study and development of the languages of the people of Kazakhstan.
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