On recognition as illegal and cancellation of the resolution on the conduct of an inspection
No. 6001-24-00-6ap/2916 dated April 22, 2025 Plaintiff: E LLP (hereinafter referred to as the Partnership) Defendant: District Prosecutor
The subject of the dispute: on recognition as illegal and cancellation of the resolution on the conduct of the inspection
Review of the plaintiff's cassation complaint PLOT:
On February 14, 2024, the district Prosecutor issued a resolution on conducting an inspection (hereinafter referred to as the Resolution) Partnerships on the issue of
compliance with legislation regulating microfinance activities, as well as tax and civil codes for the period from January 1, 2016 to March 27, 2024. The resolution was registered in the State Institution "Department of the Committee on Legal Statistics and Special Accounts of the region".
Having disagreed with the Resolution, the Partnership appealed to the court with the above-mentioned requirement.
Judicial acts:
1st instance: the claim was denied.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts in this case are upheld.
Conclusions: paragraph 1 of Article 18 of the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office" stipulates that the verification of legality is appointed on: 1) instructions from the President of the Republic of Kazakhstan; 2) instructions from the Prosecutor General; 3) the grounds provided for in paragraph 2 of this Article.
The contested Resolution was issued on the instructions of the Prosecutor General of the Republic of Kazakhstan dated February 7, 2024, which corresponds to the above-mentioned provision of the Law.
All the arguments of the author of the cassation appeal are identical in their content, meaning and purpose to the arguments given in the courts of the first and appellate instances. These arguments were reviewed by the court of appeal and given a proper legal assessment. No new arguments are given in the cassation appeal.
Since the circumstances of the case were established correctly, and the rules of law were applied correctly by the court of appeal, the collegium found no grounds for canceling or changing judicial acts.
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