Jurisdiction in labor disputes over challenging an order to terminate an employment contract, reinstatement at work in a previous position, recovery of wages and compensation for moral damage.
According to Article 26 of the CPC, civil cases of this category are considered by district and equivalent courts. M. filed a lawsuit against the State Institution "Department for Coordination of Employment and Social Programs of the East Kazakhstan region" for reinstatement.
By the ruling of the Ust-Kamenogorsk City Court of August 26, 2021, the claim was returned to the specialized interdistrict administrative court in connection with its jurisdiction.The Court of Appeal considered the court's ruling to be set aside on the following grounds.In accordance with Part 2 of Article 102 of the Administrative Procedural Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APPC), disputes arising from public law relations are subject to the jurisdiction of the courts in administrative proceedings. Are not subject to consideration in administrative proceedings in accordance with subparagraph 2) part 7 of Article 3 of the CPC of the case, the procedure for which is provided for by the civil procedural legislation of the Republic Kazakhstan.
Disputes arising from public law relations are disputes between subjects of public law relations, relations of authority and subordination, in which one party is endowed with public powers in relation to the other.
The subject of M.'s claim is a labor dispute related to challenging an order to terminate an employment contract, reinstatement at work in a previous position, recovery of wages and compensation for moral damage.
The position of the judicial board for civil cases of the East Kazakhstan Regional Court on this issue should be recognized as correct.
The same position is held by the judicial board for Administrative Cases of the Supreme Court of the Republic of Kazakhstan, whose resolution dated August 18, 2022 (6ap/431) upheld the ruling of the specialized interdistrict administrative court of the Zhambyl region dated December 6, 2021 and the ruling of the judicial board for administrative cases of the Zhambyl Regional Court dated January 12, 2022.
The said judicial acts returned M.'s claim to the State Revenue Administration for the City of Taraz for declaring illegal the conclusion based on the results of an internal investigation and the decision of the disciplinary commission based on subparagraph 11) of the second part of Article 138 of the CPC - the case is not subject to consideration in administrative proceedings.
While upholding the judicial acts of the local courts, the Court of cassation stated the following.
By virtue of the provisions of subparagraph 9) of Article 4 of the CPC, an administrative action (claim) is a claim filed with a court in order to protect and restore violated or disputed rights, freedoms or legitimate interests arising from public law relations.
The appealed conclusion and decision of the disciplinary commission are not administrative acts of a state body adopted in public law, do not give rise to rights and obligations for the plaintiff, and are advisory in nature.
Moreover, these documents were the subject of evaluation in judicial acts as evidence when the plaintiff appealed the dismissal order.
The jurisdiction of disputes in this category is determined according to the general rules established by Article 29 of the CPC - claims are filed in court at the location of the defendant.
The Judicial Board for Civil Cases of the East Kazakhstan Regional Court overturned the decision of the Ust-Kamenogorsk City Court in the case of K. to the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter – the Republic of Kazakhstan) on the cancellation of the order to impose a disciplinary penalty due to the fact that the case was to be considered at the location of the defendant in Astana. According to Part 12 of Article 30 of the CPC, claims against several defendants may be filed at the location of one of the defendants at the plaintiff's choice.
Ye. filed a lawsuit against the State Institution "Police Department for Transport of the Ministry of Internal Affairs of the Republic of Kazakhstan", the State Institution "Police Department of the Kandygash station" to cancel the order.
By the ruling of the Mugalzhar District Court, the case was sent under the jurisdiction of the Saryarkinsky District Court of Astana at the location of the defendant - the Department of Police for Transport. Canceling the ruling of the court of first instance, the Court of Appeal pointed out that the second defendant in the case is the State Institution "Police Department of the Kandygash station", with which the plaintiff has an employment relationship, therefore, filing a claim at the location of one of the defendants is the plaintiff's right.
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