On challenging the refusal to cancel entries in the outpatient card

No. 6001-24-00-6ap/3361 dated May 27, 2025

Plaintiff: L.Yu.

Respondent: KGP na PHB "Center for Mental Health of the Department of Public Health" (hereinafter referred to as the Center).

The subject of the dispute: on challenging actions to refuse to cancel entries in the outpatient card.

Review of the plaintiff's cassation appeal

PLOT:

So, L.Y. filed a lawsuit with the court to declare illegal the actions of the Center for refusing to cancel the entries in the outpatient card of AA dated September 15, 2018 and August 2, 2019 and imposing the obligation to eliminate the violations.

The claim is motivated by the fact that the decree of the appellate board of the city court of November 16, 2023 declared A.A.'s will invalid. This decision was based on the conclusion of the forensic psychiatric examination, which was based on the outpatient card of AA.

Judicial acts:

1st instance: the claim is returned by definition.

Appeal: the ruling of the court of first instance is left unchanged.

Cassation: the rulings of the court of first instance and the appeals in this case are upheld.

Conclusions: the courts, returning the claim, reasonably proceeded from the fact that, in accordance with the second part of Article 102 of the APPC, the courts, in administrative proceedings, have jurisdiction over disputes arising from public law relations provided for by the APPC.

The disputed records do not have the characteristics of an administrative act, since they do not deny implementation, do not restrict, do not terminate the rights of the plaintiff, and do not impose duties on him.

The entries in the outpatient card do not have an authoritative, unilaterally regulating effect on the plaintiff, do not determine the guilt and responsibility of the guilty party, do not impose any duties on the plaintiff and are not provided with measures of state coercion, that is, they are informational in nature.

In accordance with subparagraph 11) of the second part of Article 138 of the CPC, the court (judge) issues a ruling on the return of the claim if the case is not subject to consideration in administrative proceedings.

These and other arguments of the courts are set out in detail in the contested judicial acts.

Moreover, the judicial board noted the following.

Issues related to A.A.'s outpatient records were the subject of court proceedings, and they were assessed by the courts in a civil case.

By challenging these records in administrative proceedings, the plaintiff is actually trying to overestimate the evidence that was previously given a legal assessment by a court of civil jurisdiction.

Entries in the outpatient card do not meet the criteria of administrative acts or administrative actions and are not subject to review by the APPC.

The defendant's refusal to satisfy the complaint did not prevent the plaintiff from exercising his rights in accordance with the procedure provided for by the civil procedure legislation of the Republic of Kazakhstan when considering a civil case.

Also, the actions disputed by the plaintiff to provide answers and explanations do not have the characteristics of an administrative act and administrative actions.

This dispute is not based on administrative or other authority subordination or dependence, hierarchy, monopoly and dominant position of one party over the other by virtue of the powers of administrative bodies established by regulatory legal acts.

Since the circumstances of the case have been established correctly, and the rules of law have been applied correctly by the court of appeal, the collegium finds no grounds for revoking or amending the judicial act.

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