Formal Responses to Courts’ Private Rulings
Formal responses to private rulings are provided either indicating disagreement with the judicial act issued, or by forwarding them to subordinate authorities, or by reporting that explanatory work has been conducted.
- By a private ruling of SMAS in a lawsuit filed by a citizen against the akim of a rural district challenging the decision refusing to change the designated purpose of a land plot and seeking to compel the adoption of a favorable administrative act, the attention of the regional akim was drawn to violations of legality committed by the land commission under the district akimat.
The following response was received: according to information obtained from the office of the rural district akim, an application had been submitted to the prosecutor’s office of Karasai District requesting the filing of a protest seeking cancellation of the decision declaring unlawful the decision of the rural district akim refusing to change the designated purpose of the plaintiffs’ land plot.
It was also reported that the deputy akim of the district held a meeting with the heads of the departments of agriculture and land relations, construction, architecture and urban planning of the district, as well as with the akims of the town and 10 rural districts, during which warnings were issued to all participants regarding the inadmissibility of violations of legislation in the field of land relations and the lawful constitutional rights of citizens.
- Similarly, in another case concerning a citizen’s claim against the akim of a rural district, a response to the private ruling stated that the actions of the rural district akim in refusing to change the designated purpose of the land plot were based on the Land Code of the Republic of Kazakhstan and the Rules for the Provision of the State Service “Issuance of a Decision on Changing the Designated Purpose of a Land Plot.”
It was further reported that the deputy akim of the district had conducted meetings and explanatory work in connection with the private ruling.
- SMAS issued a private ruling in a lawsuit filed by citizens against the State Revenue Department seeking recognition as unlawful and cancellation of a notification, recognition of the notification as fulfilled, and recognition as unlawful of actions declaring the notification unfulfilled.
During the court proceedings, it was established that the complaint had been satisfied by the State Revenue Committee. By the decision of the State Revenue Committee, the notice sent to the claimant concerning the elimination of violations identified by the state revenue authorities as a result of desk audit control was subject to cancellation. However, the tax authority failed to take measures to implement this decision, which resulted in the administrative claim being considered on the merits.
By the private ruling, the attention of the Department of State Revenues was drawn to the violations committed by the State Revenue Department for the purpose of taking the necessary measures to prevent similar violations in the future.
The regional Department of State Revenues submitted a response stating that the private ruling had been discussed at an оперативное совещание (operational meeting), and attached the minutes of the meeting.
As follows from Article 270 of the Civil Procedure Code of the Republic of Kazakhstan, private rulings possess binding force. Equally important is the issue of proper response by administrative authorities to courts’ private rulings and their actual implementation in order to prevent similar violations in the future.
Administrative authorities to which the relevant private rulings are addressed do not take the necessary measures. Their responses indicate acknowledgment of the violations established by the court and the adoption of measures aimed at eliminating them; however, such measures are merely formal in nature, or the authorities limit themselves to written replies stating the impossibility of taking measures under the legislation of the Republic of Kazakhstan.
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