On declaring illegal and canceling the decision of the disciplinary commission, on recognizing illegal and canceling the decision of the Board
No.6001-22-00-6ap/1287 dated 05.01.2023
Plaintiff: B.A.
Defendant: RP of private bailiffs, a branch of the Republican Chamber of private bailiffs in the North Kazakhstan region - the regional chamber of private bailiffs of the North Kazakhstan region
The subject of the dispute: on the recognition of the decision of the disciplinary commission as illegal and cancellation, on the recognition of the decision of the Board as illegal and cancellation
Review of the defendant's cassation complaint PLOT:
By the decision of the disciplinary commission of the regional chamber dated October 7, 2021, it was recommended to the head of the chamber to bring CHSI B.A. to disciplinary responsibility in the form of exclusion from membership of the republican chamber.
On November 4, 2021, the Board of the Republican Chamber decided: to exclude the CSI from membership in the Republican Chamber; to submit to the authorized body a submission on revocation of the CSI license; to stop distributing executive documents of the CSI; to terminate access to the automated information system of enforcement authorities.
When considering the case against the CHSI, the Disciplinary Commission of the Regional Chamber took into account the violations identified in the submissions of the Prosecutor's Office dated August 21, 2021, September 10, 2021, a certificate of the results of inspections conducted on refusals to initiate enforcement proceedings, and the Department's conclusion on routine monitoring. These documents were discussed at a meeting of the disciplinary commission of the Chamber and were the basis for bringing the CSI to disciplinary responsibility.
Judicial acts:
1st instance: the decision of the claim is partially satisfied.
Appeal: the decision has been changed.
Cassation: judicial acts have been annulled, the case has been referred to the jurisdiction.
Conclusions:
According to the first part of Article 106 of the CPC, administrative cases are subject to consideration at the place where the administrative act was issued or at the location of the defendant.
In this case, the court should have referred the CSI's claim to the specialized interdistrict administrative court of the city of A.
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