On challenging the akim's decision

No. 6001-22-00-6ap/868 dated 31.01.2023

Plaintiff: A.S., E.L.

The defendant: Akim of the city of Uralsk, Akimat of the city of Uralsk, Ural city Maslikhat

The subject of the dispute: on challenging the akim's decision

Review of the plaintiffs' cassation complaint PLOT:

On May 20, 1988, by decision of the Executive Committee of the Ural City Council of People's Deputies No. 323, M.V. and others were granted land plots for the construction of residential buildings.

The contested decision of the akim approved the act of the state commission for the commissioning of an individual residential building M.V.

Subsequently, on August 10, 2015, on the basis of a purchase and sale agreement, G.N. and G.A. acquired the disputed apartment building.

The plaintiffs are the children of A.E. and A.F., whose marriage was dissolved on June 21, 2018 on the basis of a court decision.

Currently, A.F. and his minor children, A.Z. and E.L., live in a disputed apartment building owned by G.A. and G.N.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are cancelled, the claim is returned.

Conclusions:

The plaintiff and his children were not participants in the administrative procedure, since the contested decision approved the act of the state commission for the commissioning of an individual residential building, issued by M.V.

Since the contested decision was made on May 20, 1988, the deadline for filing a claim to challenge it for a person who did not participate in the administrative procedure for its adoption, including for the plaintiffs, expired on May 20, 1989.

Based on the meaning and content of the above-mentioned norm of Article 136 of the CPC, the specified one-year period is curtailed and could not be restored.

In accordance with the eighth part of Article 136 of the CPC, the inability to restore the missed deadline for applying to the court is the basis for returning the claim.

The courts, in violation of the above-mentioned provisions of the procedural law, restored the deadline for the plaintiff, which is suppressive, and considered the merits of the claim to be refunded.

According to subparagraph 15) of the second part of Article 138 of the CPC, the court (judge) issues a ruling on the return of the claim if the court refuses to restore the missed time limit for filing a claim.

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