Complaint to the Chairman of the Almaty City Court on the fact of violation of the law

 

 

Chairman of the Almaty City Court

Almaty, Almaly district, Kazybek Bi str., 66.

Administrative proceedings: No. 7599-26-00-4a/536.

 

The plaintiff: IP "M" represented by the IPA

IIN ...

Almaty, md. 8, 79, sq. 61.

Representative by proxy:

Law and Law Law Firm  

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 971 78 58; +7 727 971 78 58.

 

complaint

 

The proceedings of the judicial Board for Administrative Cases of the Almaty City Court included administrative case No. 7599-26-00-4a/536 on a private complaint by IP "M" against the ruling of the Specialized Interdistrict Administrative Court of Almaty dated March 18, 2026.

On April 30, 2026, the judicial Board for Administrative Cases announced the decision in this case. However, as of now, the board has not produced or published a reasoned judicial act in the judicial office and has not been sent to the party involved in the case.

This circumstance significantly violates the right of the party to timely review the judicial act, to receive information about the motives of the decision, and also prevents the further exercise of procedural rights, including the right to subsequent appeal of the judicial act if there are grounds for it.

Despite the fact that the Administrative Procedure Code of the Republic of Kazakhstan does not directly regulate the time period for the production of a reasoned judicial act on a private complaint, in accordance with part 3 of Article 1 of the CPC, the provisions of the Civil Procedure Code of the Republic of Kazakhstan are applied in administrative proceedings, unless otherwise provided by the CPC.

According to paragraph 2 of Article 423 of the CPC RK, a reasoned judicial act must be prepared and signed by a judge within five working days from the date of consideration of the case, and a copy of the judicial act must be sent to the persons participating in the case no later than three working days after its preparation.

Meanwhile, the judicial board has not complied with the specified procedural deadlines.

The violation is contrary to the principles of a reasonable period of legal 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, get acquainted with the motives for rejecting the arguments of a private complaint and determine a further procedural strategy for protecting its rights.

We would like to emphasize that the participants in the process are required to strictly comply with the procedural deadlines stipulated by law, while failure to comply with similar requirements on the part of the court undermines confidence in the judicial system and the principle of equality of all before the law and the court.

On the basis of the above and in accordance with paragraphs 1, paragraph 1, Article 14 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan",

 

I ask you to:

·         To carry out an inspection on the fact of violation of the deadlines stipulated by law for the production and sending of a judicial act on administrative proceedings No. 7599-26-00-4a/536;

·         To ensure the immediate production and publication of a reasoned judicial act in the judicial office;

· Consider bringing guilty officials to justice for violating the requirements of the procedural legislation of the Republic of Kazakhstan.

 

 

 

 

With respect,  

Representative by proxy:                                                                                        Kenesbek I.M.

 

 

 

 

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