Execution of a Private court ruling

 

Particular definitions, as follows from the norm of Article 270 of the CPC, have the property of obligation. Equally important is the issue of proper response by administrative authorities to private court rulings and their actual execution in order to prevent similar violations in the future.

The administrative authorities to which the relevant CS have been issued do not take the necessary measures, their responses indicate recognition of violations established by the court and measures taken to eliminate them, however, the measures are formal or unsubscribe from the impossibility of taking measures in accordance with the legislation of the Republic of Kazakhstan.

 

The State body in the response indicates the impossibility of bringing to disciplinary responsibility due to the expiration of the time limit for bringing to responsibility.

Thus, the deputy akim of the region at the CHO SMAS reported on the citizen's claim to the State Institution "Department of Finance of the City" on violations of current legislation by the State Institution "Department of Housing and Communal Services, Passenger Transport and Highways" that it was impossible to consider the issue of bringing perpetrators to disciplinary responsibility by virtue of paragraph 1 of Article 45 of the Law of the Republic of Kazakhstan."About the Civil Service of the Republic of Kazakhstan".

 

Formal responses indicating disagreement with the issued judicial act, or it is written off to lower authorities or to conduct explanatory work.

A private definition of the SMAS on a citizen's claim to the akim of a rural district to challenge a decision to refuse to change the purpose of a land plot, to force it to adopt a favorable administrative act. The akim of the region was informed about violations of the law by the land commission under the akimat of the district.

The following response was received: according to the information received from the office of the akim of the rural district, they sent an application to the prosecutor's office of the Karasai district to protest the cancellation of the decision to declare illegal the decision of the akim of the rural district to refuse to change the purpose of the plaintiffs' land plot.

We also inform you that the deputy akim of the district held a meeting with the heads of departments of agriculture and land relations, construction, architecture and urban planning of the district, akims of the city and 10 rural districts, where warnings were given to everyone about the prevention of violations of legislation in the field of land relations, legitimate constitutional rights of citizens.

Similarly, in the case of a private ruling on a citizen's claim to the akim of the rural district, an answer was given that the actions of the akim of the rural district to refuse to change the purpose of the land plot were based on the Land Code and the Rules for the provision of public services "Issuing a decision to change the purpose of the land plot". It was reported that the deputy akim of the district held a private meeting and explanatory work.

The SMAS issued a decision on the citizens' claim to the State Revenue Administration for declaring the notification illegal and canceling it, for recognizing the notification as executed and for recognizing the action of recognizing the notification as unfulfilled as illegal.

The court found that the complaint by the State Revenue Committee was satisfied. By the decision of the State Revenue Committee, the notification sent to the plaintiff on the elimination of violations identified by the state revenue authorities based on the results of desk control was subject to cancellation. However, no measures were taken by the tax authority to enforce this decision, which led to the consideration of this administrative claim on its merits.

A private definition has been brought to the attention of the State Revenue Department for violations committed by the State Revenue Department in order to take the necessary measures to prevent such violations in the future.

The DGA of the region replied that a particular definition was discussed at an operational meeting, and a protocol was attached.

 

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