Challenging decisions, actions (inaction) of state authorities
In accordance with Article 292 of the CPC, an application for challenging decisions, actions (inaction) of state authorities is filed with the court according to the rules of jurisdiction established by Chapter 3 of the CPC. Applications, the consideration of which falls within the jurisdiction of district courts, may be filed with a court at the place of residence of a citizen or with a court at the location of a state body, local government body, public association, organization, official, civil servant, whose actions are being challenged. In accordance with the first part of Article 27 of the CPC, specialized interdistrict economic courts consider and resolve civil cases involving property and non-property disputes involving individuals engaged in individual business activities without forming a legal entity, legal entities, as well as corporate disputes, with the exception of cases whose jurisdiction is determined by law to another court. Based on the above and in accordance with the rules of jurisdiction established by Chapter 3 of the CPC, it follows that civil cases initiated on applications challenging decisions, actions (inaction) of the antimonopoly authority, or on claims of the antimonopoly authority against business entities (individual entrepreneurs, commercial organizations) are subject to the jurisdiction of specialized interdistrict economic courts (ICES).
Challenging decisions, actions (inaction) of state authorities
Thus, by the decision of the Taldykorgan City Court of February 9, 2018, the application of the akim of the Irgeli rural district to declare illegal the prescription and order No. 171-KK of the Department for the Almaty region of November 17, 2017 was satisfied, the prescription and the order were declared illegal. By a decision of the judicial board for Civil Cases of the Almaty Regional Court dated April 24, 2018, the court's decision was overturned on the grounds of non-compliance by the court with part 1 of Article 27 of the CPC on the jurisdiction of the case. The case has been sent for a new hearing to the specialized interdistrict economic court of the Almaty region. There are cases when an investor acts as a party in cases challenging the actions of the antimonopoly authority, for which a different jurisdiction is established by the norms of the CPC. By the decision of the Council of Ministers of the Aktobe region dated November 29, 2018, on the basis of subparagraph 3) of part 2 of Article 34 of the CPC, a civil case was transferred to the court of the city of Astana upon the application of LLP "B", LLP "O", LLP "X" to the Department of the Aktobe region on the recognition of the illegal order dated September 19, 2018. In the case, it was established that the company "Y" is an investor in the project "Underground mine - mine at the deposit "B", the specified company founded the holding company LLP "K" to acquire LLP "X". LLP "K" was joined to LLP "X", according to the agreement on accession dated November 28, 2014.
Thus, the applicants are investors, and this dispute refers to disputes between a government agency and investors related to the investment activities of investors arising from the investment activities of investors. By virtue of article 296 of the Investment Code, an investment dispute is a dispute arising from contractual obligations between investors, including large investors, and government agencies in connection with the investor's investment activities. In accordance with Part 4 of Article 27 of the CPC, the Astana City Court, according to the rules of the court of first instance, hears and resolves civil cases on investment disputes, except for cases within the jurisdiction of the Supreme Court of the Republic of Kazakhstan, as well as other disputes between investors and government agencies related to the investor's investment activities.
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