COMPLAINT REGARDING VIOLATION OF THE STATUTORY TIME LIMITS FOR PREPARING AND SENDING THE JUDICIAL ACT
To the Chairperson of the Almaty City Court
66 Kazybek Bi Street, Almaly District,Almaty, Republic of Kazakhstan.
Administrative proceedings: No. 7599-26-00-4a/536.
Plaintiff: Individual Entrepreneur “M”, represented by MPA
IIN ...
79, Bldg. 8, Apt. 61, Almaty.
Representative under Power of Attorney:
Law Firm “Zakon i Pravo”
BIN 201240021767
Office 304, 79 Abylai Khan Avenue,Almaty, Republic of Kazakhstan
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; +7 727 971 78 58.
COMPLAINT
Administrative case No. 7599-26-00-4a/536 concerning a private complaint filed by Individual Entrepreneur “M” against the ruling of the Specialized Inter-District Administrative Court of Almaty dated 18 March 2026 was pending before the Judicial Panel for Administrative Cases of the Almaty City Court.
On 30 April 2026, the Judicial Panel for Administrative Cases pronounced its decision in the said case. However, as of the date hereof, the Judicial Panel has neither prepared nor published the reasoned judicial act in the Judicial Cabinet, nor sent it to the party participating in the proceedings.
This circumstance materially violates the party’s right to timely access to the judicial act and to obtain information concerning the reasons for the decision rendered, and also prevents the party from exercising its further procedural rights, including the right to challenge the judicial act where there are grounds for doing so.
Although the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan does not expressly regulate the time limit for preparing a reasoned judicial act in respect of a private complaint, pursuant to Part 3 of Article 1 of the Administrative Procedural and Process-Related Code, the provisions of the Civil Procedure Code of the Republic of Kazakhstan apply in administrative proceedings unless otherwise provided by the Administrative Procedural and Process-Related Code.
Pursuant to Paragraph 2 of Article 423 of the Civil Procedure Code of the Republic of Kazakhstan, a reasoned judicial act shall be prepared and signed by the judge within five working days from the date of consideration of the case, and a copy of the judicial act shall be sent to the persons participating in the case no later than three working days after its preparation.
However, the Judicial Panel failed to comply with the aforementioned procedural time limits.
The violation in question is contrary to the principles of a reasonable time for judicial proceedings, legal certainty, and access to justice. Moreover, the absence of a reasoned judicial act effectively deprives the party of the opportunity to fully assess the legality of the judicial act, familiarize itself with the reasons for rejecting the arguments set out in the private complaint, and determine its further procedural strategy for protecting its rights.
We specifically draw attention to the fact that participants in judicial proceedings are required to strictly comply with the procedural time limits established by law, whereas failure by the court to comply with analogous requirements undermines public confidence in the judicial system and the principle of equality of all persons before the law and the court.
Based on the foregoing and pursuant to Subparagraph 1) of Paragraph 1 of Article 14 of the Constitutional Law of the Republic of Kazakhstan “On the Judicial System and Status of Judges of the Republic of Kazakhstan,”
I REQUEST THAT YOU:
- conduct an examination into the violation of the statutory time limits for preparing and sending the judicial act in administrative proceedings No. 7599-26-00-4a/536;
- ensure the immediate preparation and publication of the reasoned judicial act in the Judicial Cabinet;
- consider the issue of holding the responsible officials accountable for violation of the requirements of the procedural legislation of the Republic of Kazakhstan.
Respectfully,
Representative under Power of Attorney: Kenesbek I.M.
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