COMPLAINT TO THE DEPARTMENT OF EDUCATION OF THE CITY OF ALMATY ON THE ADOPTION OF A FAVORABLE ADMINISTRATIVE ACT
To:Department of Education of the City of Almaty
From: A A
….
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
+7 708 578 57 58; +7 727 971 78 58
COMPLAINT
(Pre-Trial Claim)
On 16 July 2026, I submitted an application No. ЖТ-2026-03063417 to the administration of the Municipal State Institution “Gymnasium No. 15” of the Department of Education of the City of Almaty, pursuant to paragraph 8 of Order No. 564 of the Ministry of Education and Science of the Republic of Kazakhstan, requesting that my minor children:
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be admitted for education at the Municipal State Institution “Gymnasium No. 15” for the upcoming academic year, since we are registered and permanently reside within the territory assigned to Gymnasium No. 15.
Pursuant to paragraph 8 of Order No. 564 of the Ministry of Education and Science of the Republic of Kazakhstan dated 12 October 2018, educational organizations implementing general education curricula for primary education shall ensure access for all children residing within the service area of the educational organization, regardless of their level of preparedness.
On 17 July 2026, I received a response entitled “Preliminary Decision” refusing my request. In other words, the educational organization refused to accept the documents on the grounds that there were no vacant places in the classes (groups).
I am compelled to disagree with the above arguments of the educational organization for the following reasons.
Article 33 of the Constitution of the Republic of Kazakhstan dated 15 March 2026 provides that citizens of the Republic of Kazakhstan are guaranteed free secondary education in state educational institutions. Primary and basic secondary education are compulsory.
Pursuant to paragraphs 6 and 15 of the Standard Rules for Admission to Educational Organizations for Education, approved by Order No. 564 of the Minister of Education and Science of the Republic of Kazakhstan dated 12 October 2018, registered with the Ministry of Justice of the Republic of Kazakhstan on 16 October 2018 under No. 17553:
Paragraph 6. The service recipient selects an educational organization taking into account the wishes, individual inclinations and characteristics of the child or learner, as well as in accordance with the admission requirements.
Paragraph 15. Upon enrollment, the service provider shall send a notification of enrollment effective from 1 September of the current year to the first three service recipients who submitted applications from the service area of the educational organization, and thereafter shall send a notification of enrollment effective from 1 September of the current year to one (1) applicant from outside the service area of the educational organization, selected from among those who registered first.
Thus, the educational organization violated the child's right to compulsory and guaranteed free secondary education in state educational institutions.
Pursuant to paragraph 15 of Order No. 564, the educational organization is required to give priority to children residing within the service area assigned to the educational organization.
We have reliable information that the educational organization is also admitting children from other districts, thereby infringing upon the rights to education of children who permanently reside within the territory served by the educational organization.
Paragraph 7 of Order No. 564 provides that, in the event of refusal of admission to an educational organization, the service recipient shall apply to the local education authorities at their place of residence.
Pursuant to Article 91(4) of the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan (APPC RK), the administrative body or official whose administrative act or administrative action (inaction) is being appealed may refrain from forwarding the complaint to the body competent to consider the complaint if, within three working days, it adopts a favorable administrative act or performs an administrative action that fully satisfies the requirements specified in the complaint.
Pursuant to Article 91(5) of the APPC RK, unless otherwise provided by law, an application to the court is permitted after the complaint has been considered in the pre-trial procedure. Where the law provides for the possibility of applying to the court without the necessity of appealing to a superior body, the administrative body or official whose administrative act or administrative action (inaction) is being challenged shall, together with its response, submit to the court the reasoned position of the head of the superior administrative body or official.
Based on the foregoing and pursuant to Article 91 of the APPC RK and Order No. 564 of the Ministry of Education and Science of the Republic of Kazakhstan dated 12 October 2018,
I REQUEST THAT YOU:
- provide a legal assessment of the actions/inaction of the Municipal State Institution “Gymnasium No. 15”;
- in the event that violations of the legislation of the Republic of Kazakhstan are established in the actions of the Municipal State Institution “Gymnasium No. 15”, impose an obligation to eliminate the violated rights and take measures to hold the responsible persons liable;
- oblige the administration of the Municipal State Institution “Gymnasium No. 15” to adopt a favorable administrative act and perform the administrative action fully satisfying the requirements set forth in this complaint;
- provide a response to this application within the time limits established by law.
18 July 2026 A.A.U.
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