On challenging actions, prescriptions for the elimination of violations of environmental legislation
No. 6001-22-00-6ap/1976 dated 03/09/2023
Plaintiff: T LLP
Respondent: Russian State Institution "Department of Ecology for Aktobe region"
The subject of the dispute: on challenging the action, prescriptions for the elimination of violations of environmental legislation
Review of the plaintiff's cassation complaint PLOT:
Based on the instructions of the Prosecutor's office of the Aktobe region dated October 25, 2021, the Department conducted an unscheduled inspection of the Partnership.
Based on the results of the audit, the Department drew up an Act on the results of the audit No.F-07618-06 dated November 22, 2021, and also issued an order to eliminate violations of environmental legislation dated November 22, 2021.
Subsequently, on December 22, 2021, orders were sent to the Partnership for compensation of economic damage for unauthorized disposal of production and consumption waste in the amount of ... tenge, as well as compensation for damage for wastewater discharge without an environmental permit at an industrial waste landfill in the amount of ... tenge.
The Director of the Partnership is familiar with the Act on the appointment of an audit dated November 9, 2021. The inspection report and the order were sent to the plaintiff's email addresses on November 22, 2021.
Judicial acts:
1st instance: the claim is returned.
Appeal: the definition remains unchanged.
Cassation: judicial acts are cancelled, the case is sent for consideration on the merits.
Conclusions:
The courts concluded that the plaintiff became aware of the existence of an Act on the results of the Audit and the disputed order on November 22, 2021, upon receipt of documents by e-mail, as well as upon bringing to administrative responsibility in December 2021 and March 1, 2022, however, the Partnership filed a lawsuit with the court on April 19, 2022. expiration of the statutory period.
According to the norms of Chapter 13 of the APPC, a participant in an administrative procedure has the right to appeal an administrative act, administrative action (inaction) in an administrative (pre-trial) manner.
The time limit for appeal to a higher administrative body is, in accordance with article 92 of the APPC, no later than three months.
The court cites the first part of Article 136 of the CPC, which specifies the one-month deadline for filing a claim from the date of delivery of the decision of the body considering the complaint based on the results of the complaint.
However, the specified time limit for appealing to the court after receiving the decision of a higher administrative authority has been met by the plaintiff.
In this case, the plaintiff did not miss the deadline for filing a complaint with a higher administrative authority, nor did he miss the deadline for filing a claim with the court within one month after receiving a response from a higher administrative authority.
The references of the courts of the first and appellate instances to the eighth part of Article 136 of the CPC are unfounded, since the court had no grounds for returning the claims.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
