Formulation of requirements when filing an administrative claim

 

When filing an administrative claim to challenge the actions (inaction) of bailiffs, the plaintiffs state the claims in various editions.

By virtue of article 132 of the CPC, if an encumbering administrative act violates the rights, freedoms and legitimate interests of the plaintiff, he has the right to file a challenge claim demanding that the administrative act be revoked in full or in any part thereof.

In case of disagreement with the decision issued by the bailiff, the demands are made to declare this decision illegal. Simultaneous filing of a claim for recognition of actions as illegal is not required.

In accordance with part 2 of Article 84 of the CPC, an illegal administrative act may be repealed in whole or in part.

If the decision is declared illegal, the court cancels the said decision.

ANALYSIS of the Supreme Court of the Republic of Kazakhstan on the judicial practice of considering administrative cases challenging decisions, actions (inaction) of bailiffs for the second half of 2021 and the first half of 2022.

 

 

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