On challenging the actions of the Department of Justice in reviewing the appeal

No.6001-23-00-6ap/949 dated 08/17/2023

Plaintiff: A.A.

Respondent: Russian State Institution "Department of Justice of the region of the Ministry of Justice of the Republic of Kazakhstan".

The subject of the dispute: on challenging the actions to consider the appeal

Review of the defendant's cassation appeal.

PLOT: Based on the court order of the city court dated May 24, 2016, CCI B initiated enforcement proceedings to recover alimony from D.A. in favor of AA. On July 29, 2022, the plaintiff filed a complaint with the Ministry of Justice about CCI B's inaction, which was forwarded to the Department of Justice on July 7, 2022 for consideration and action. The Department of Justice reviewed A.A.'s appeal and provided the applicant with a response.

Judicial acts:

1st instance: the claim is satisfied.

Appeal: the court's decision remains unchanged. Cassation: judicial acts are upheld.

Conclusions: Resolving the dispute and satisfying the plaintiff's claims, the local courts concluded that A.A.'s appeal about the inaction of CHSI B. was considered by the Department of Justice in violation of the established norms of administrative procedure, as well as in the absence of a comprehensive, objective investigation of all the circumstances.

In accordance with the requirements of articles 62, 72 of the APPC, an appeal is the basis for initiating an administrative procedure. The administrative procedure is considered initiated from the moment of receiving the request. An administrative body or official is obliged to take measures for a comprehensive, complete examination of the circumstances and objective investigation of the facts relevant to the proper consideration of the administrative case.

The Order of the Minister of Justice of the Republic of Kazakhstan dated February 1, 2018 No. 171 approved the Rules for Monitoring the Activities of Private Bailiffs (hereinafter referred to as the Rules).

The Department of Justice, having considered the appeal of A.A., provided the applicant with a response, while violating the procedure for conducting unscheduled monitoring of BSI B, provided for in Chapter 3 of the Rules, and also did not register the results of the control in accordance with Chapter 4 of the Rules.

Accordingly, the Department of Justice has not drawn up an opinion on the results of the monitoring carried out by CHSI B. In addition, the response provided by the Department of Justice to the applicant A.A. is incomplete, that is, the inaction of CHSI B. regarding the failure to take measures to collect alimony debts has been ignored.

These circumstances indicate that the appeal of the plaintiff A.A. about the inaction of CHSI B. was considered by the Department of Justice in violation of substantive law.

 

 

 

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