On declaring illegal the conduct of an unscheduled inspection, the cancellation of acts on the appointment of an inspection and on the results of an unscheduled inspection
No.6001-23-00-6ap/458 dated 08/22/2023
Plaintiff: N.S.
Defendants: Russian State Institution "Department of the Medical and Pharmaceutical Control Committee", State Institution "Management of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan"
The subject of the dispute: the recognition of the illegal conduct of an unscheduled inspection, the cancellation of the acts on the appointment of the inspection and the results of the unscheduled inspection
Review of the plaintiff's cassation complaint PLOT:
N.S. filed the above-mentioned claim, arguing that in the district court
In court, during a court hearing on June 30, 2022, it was established that the Russian State University
"Department of the Medical and Pharmaceutical Control Committee" (hereinafter -
Department) conducted an unscheduled inspection of the polyclinic for the legality of the temporary disability certificate BG No. 5134143 (hereinafter - LVN). The court indicated that the form of the BG disability certificate No. 5134143 was forged, although there was no expert opinion and no police response. N.S. himself was not involved in the inspection, and his explanations were not received. The Department should not have reflected in the response letters to the court and the office of the akim of the district information that does not correspond to reality.
Judicial acts:
1st instance: by the decision of September 14, 2022, the satisfaction of the administrative claim for the recognition of the illegal conduct of an unscheduled inspection, the cancellation of the act on the results of the inspection of the act on the appointment of the inspection was refused.
By the ruling of September 14, 2022, an administrative claim regarding the recognition of illegal actions in providing letters dated April 5, 2022
No. 5140-22-2-21/1037 and No. 25-28-1-25/374 on April 1, 2022, were returned in the registration of the inspection appointment Act No. 221 dated March 24, 2022.
Appeal: By the ruling of December 29, 2022, this court decision was overturned and the administrative claim was returned.
By the ruling of December 29, 2022, the court's ruling remained unchanged.
Cassation: judicial acts are upheld.
Conclusions: by virtue of sub–paragraphs 9), 33) of the first part of Article 4 of the CPC, an administrative claim (claim) is a claim filed with a court in order to protect and restore violated or disputed rights, freedoms or legitimate interests arising from public law relations.
A plaintiff is a person who has applied to the court in defense of his violated or disputed rights, freedoms, and legitimate interests, or a person in whose interests a lawsuit has been filed by a prosecutor or other person authorized by the laws of the Republic of Kazakhstan.
According to part 2 of Article 102 of the CPC, the courts have jurisdiction in administrative proceedings over disputes arising from public law relations provided for by this Code.
Based on the meaning of the above-mentioned norm, it follows that the APPC is aimed at regulating public law relations arising between an administrative body (official) and a person in respect of whom the public functions of this administrative body established by law are implemented.
The subject of the inspection is GKP "City polyclinic".
The issue of challenging State control and supervision belongs to the subjects of the audit and to persons whose rights have been violated. However, due to the legal nature of subjective public rights, the plaintiff does not have such a right.
The conclusions of the appellate instance on the absence of a violation of the rights, freedoms and legitimate interests of the plaintiff (by inaction) of the defendants are correct.
The reason for the plaintiff's filing an administrative claim with the court is
disagreement with dismissal, where one of the grounds was the issued response and the drawn up act.
By the decision of the district court of February 22, 2022, an assessment was made on the violation of the plaintiff's rights and legitimate interests in the framework of the employment relationship, while the sick leave issued in his name was one of the evidence.
The conclusions of the courts that the action of the State
"The Office of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan" in registering the inspection appointment Act No. 221 dated March 24, 2022 and the actions of the Department to issue letters to the Akimat and the court are not administrative acts or administrative actions.
Given the absence of new arguments in the cassation appeal, the judicial board considers that there are no grounds for reviewing the contested judicial acts.
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