On recognition of inaction of non-establishment of a departmental commission without attempting to recognize distrust as illegal, obliging the court to file a claim for recognition as unfair
Dated May 27, 2025 No. 6001-24-00-6ap / 3396
Plaintiff: A. N.
Defendant: chief military prosecutor's office, state institution" Ministry of Defense Of The Republic of Kazakhstan", Limited Liability Company" B"
Subject of the dispute: on recognition of inaction of non-establishment of the departmental Commission as illegal, on obligation to submit a claim to the court for recognition as unfair
Review on the Cassation complaint of the person of the plaintiff
Fabula:
According to the circumstances established in court, the application for official verification of the presence of foreigners in LLP "B", which is the organizer of food in the military department, was considered by the RSU "Department of the commander-in-chief of the ground forces of the Armed Forces of the Republic of Kazakhstan" of the Ministry of Defense of the Republic of Kazakhstan.
Based on the results of the inspection, the plaintiff's representative was informed that 7 (seven) citizens of the Republic of Uzbekistan were found to be in the canteen of the military department without documents, and currently there are no citizens of foreign states on the territory of the Department.
A. N. appealed to the court with a claim to oblige LLP "B" to declare illegal inaction of non-establishment of the departmental Commission, to file a claim to the court for recognition as unfair.
Judicial acts:
1st instance: by the ruling of the Specialized Interdistrict Administrative Court of September 27, 2024, the claim was returned on the grounds that it is not subject to consideration in the order of administrative proceedings.
Appeal: the ruling of the court of first instance is upheld by the ruling of the Judicial Board of October 22, 2024.
Cassation: judicial acts in this case are left in force.
Conclusions:
When the courts returned the claim, there was no public legal relationship between the parties. The claims of the plaintiff against LLP "B" are considered by the authorized bodies and given appropriate explanations in accordance with their competence. In turn, the explanatory responses of the state institution that considered the complaint are not administrative acts subject to dispute in an administrative court.
State institutions, within the limits of checking the claimant's application and implementing the administrative request, in the order of a simplified administrative procedure
"I don't know," he said.
In accordance with subparagraph 11) of part two of Article 138 of the code, if the case is not subject to consideration in the order of administrative proceedings, the court issues a ruling on the return of the claim.
The grounds given by the courts are fully reflected in the judicial acts.
Disagreement of a party with a judicial statement cannot serve as a basis for the cancellation of judicial acts that are legal and correspond to the circumstances of the case.
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