On challenging actions (omissions) expressed in the failure to take administrative measures against her neighbor for defamation, the dissemination of deliberately false information discrediting her honor and dignity
No. 6001-24-00-6ap/2516 dated January 03, 2025
Plaintiff: D.S.
Defendants: the head of the city police department of the police department, the head of the local police service of the city police department of the police department, the district officer of the city police department of the police department on challenging actions (omissions)
The subject of the dispute: on challenging actions (omissions)
Review of the plaintiff's cassation complaint PLOT:
It follows from the stated claims that the plaintiff disputes the inaction of the defendants, expressed in the failure to take administrative measures against her neighbor for defamation, the dissemination of deliberately false information discrediting her honor and dignity.
Judicial acts:
1st instance: the claim was returned by the court ruling.
Appeal: the ruling of the court of first instance is left unchanged.
Cassation: judicial acts in this case are upheld.
Conclusions: by returning the claim as not subject to consideration in the order of administrative proceedings, the courts came to the correct conclusion that legal relations regulated by the legislation of the Republic of Kazakhstan on administrative offenses are not subject to consideration in the order of the APPC.
According to subparagraph 11) of the second part of Article 138 of the CPC, the court issues a ruling on the return of the claim if the case is not subject to consideration in administrative proceedings.
The conclusions of the courts on the return of the claim comply with the requirements and principles of administrative proceedings and fully comply with the circumstances established in the case.
Given the absence of new arguments in the cassation appeal, the judicial board considered that there were no grounds for the annulment of the contested judicial acts.
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