On challenging an administrative act, the Department of Justice

No. 6001-24-00-6ap/2715 dated March 13, 2025

Plaintiff: R.M.

Respondent: State Institution "Department of Justice" (hereinafter referred to as the Department)

The subject of the dispute: on challenging an administrative act

Review of the plaintiff's cassation complaint PLOT:

According to the results of the audit of the private notary R.M., violations of the law were revealed when carrying out notarial activities in the period from 2021 to 2023 and the commission of executive inscriptions in the absence of written recognition by debtors of debts in violation of Article 92-1 of the Law of the Republic of Kazakhstan.

"On the Notary Office" (hereinafter referred to as the Law), as well as violation of the rules on notary records management.

As a result of the audit, an order was sent to the private notary R.M. to eliminate the identified violations and strictly comply with the requirements of the law.

Disagreeing with this provision, the plaintiff filed this lawsuit with the court.

Judicial acts:

1st instance: the claim was denied. By a court ruling, the claim regarding the challenge of the acts on the appointment of an inspection and on the results of the inspection was returned.

Appeal: the decision and ruling of the court of first instance are left unchanged.

Cassation: judicial acts in this case are upheld.

Conclusions: in rejecting the claim, the local courts concluded that the defendant had not violated the requirements of the law during the audit, and the order was based on violations identified as a result of the audit when making executive inscriptions on 171 registers, improper management of notary records, which were confirmed by documentary evidence and the notary's own confession.

In accordance with subclause 2) of clause 2 of Article 92-1 of the Law, on the basis of an executive inscription, debt is collected for indisputable claims for the performance of an obligation based on a written transaction, the due date of which has come and the default of the obligation is recognized by the debtor. The execution of an executive inscription is carried out upon the debtor's admission of guilt in an unfulfilled obligation.

The plaintiff violated these requirements of the law, and the executive inscriptions on 171 registers were made in the absence of recognition of the debt by the debtors.

By a court decision that entered into force, R.M. was deprived of her license to practice notarial activity.

In these circumstances, the contested administrative act was rendered by the defendant lawfully and within the limits of competence.

By returning the claim regarding the challenging of the acts on the appointment of an inspection, on the results of the inspection, the courts correctly justified that these acts are not final administrative acts entailing legal consequences for the plaintiff, since an order was issued based on the results of the inspection, which is subject to appeal in court.

The grounds and motives for the decision are set out in detail in judicial acts, specifying the specific provisions of the law to be applied.

These conclusions of the local courts correspond to the circumstances and requirements of the law established in the case, are confirmed by the evidence available in the case file, and comply with the requirements and principles of administrative proceedings.

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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