On recognition of decisions and actions (omissions) of the agency for Civil Service affairs as illegal
6001-24-00 of June 3, 2025-6ap / 3289
Plaintiff: E. S.
Defendant: to the state institution" Agency of the Republic of Kazakhstan for civil service Affairs " (hereinafter referred to as the agency).
The subject of the dispute: on the recognition of decisions and actions (inaction) as illegal.
Review of the defendant on the Cassation complaint of the person subject of the case:
According to the circumstances established in court, on March 27, 2024 (hereinafter referred to as complaint No. 1), E. S. sent to the agency a recommendation made by the Department in relation to the mayor of the City N. O., as well as the head of the Akim's office M. B. During the official inspection
according to the results, the head of the Department, who did not take measures for disciplinary proceedings, expressed disagreement with the inaction of A. A.
On March 29, 2024, the agency sent complaint No. 1 to the Akim's office, a complaint against A. A. to the Department for consideration by affiliation in the Department in relation to M. B.
On April 10, 2024, E. S. sent complaints to the agency, the administration of the president of the Republic of Kazakhstan, the general prosecutor's Office of the Republic of Kazakhstan. They complained about the actions of A. A., N. O., acting mayor of the City S. N., head of the legal department B. K.
On April 11, 2024, the agency sent a complaint to the Akim's office, A. A. to the Department for consideration of complaints No. 2, No. 3 received.
On May 14, 2024, the plaintiff sent a complaint to the administration of the president of the Republic of Kazakhstan (hereinafter referred to as complaint No. 4), in which he asked the agency to consider the issue of S. N.'s liability and bring A. A. to disciplinary responsibility.
Complaint No. 4 was sent by the agency to the Akim's office for consideration by affiliation.
In the lawsuit filed by the plaintiff to the court, the agency's actions to send complaints to other institutions were recognized as illegal, forcing the defendant to appoint and conduct an official investigation against the head of the Department AA.
Judicial acts:
1st instance: by the decision of the Specialized Interdistrict Administrative Court of July 10, 2024, the claim was partially satisfied.
The actions of the agency directed by E. S. to the state institution "apparatus of the Akim of the region" (hereinafter referred to as the apparatus of the Akim) by a state body that does not have the right to make decisions on applications No. ZHT-874, No. ZHT-766, No. ZHT-777, No. ZHT-458 are recognized as illegal.
The part of the claim against the head of the Department of the agency of the Republic of Kazakhstan for Civil Service affairs in the region (hereinafter referred to as the Department) on the compulsion (obligation) to eliminate the violations committed in full by appointing an official investigation was dismissed.
Appeal: by the decision of the Judicial Board of October 9, 2024, the decision of the court of first instance is upheld.
Cassation: judicial acts left in force.
Conclusions:
When satisfying this part of the claim, the courts reasonably took into account the following circumstances.
A referral received to an administrative body, an official who is not included in the authority to consider a referral in accordance with the requirements of Article 65 of the Code shall be sent to the participant of the Administrative Procedure at the same time within three working days from the date of receipt
sent to the authorized administrative body, official with notification (notification).
The law of the Republic of Kazakhstan "on local public administration and self-government in the Republic of Kazakhstan" (hereinafter referred to as – In accordance with subparagraph 5) of Paragraph 1 of Article 29), the Akim of the region, the city of Republican significance, the capital, in accordance with the legislation of the Republic of Kazakhstan, decides on the application of disciplinary measures to the heads of executive bodies financed from the regional, city of Republican significance, capital budget, as well as akims of districts (cities of regional significance, districts in the city of Republican significance, districts in the capital) in accordance with the laws of the Republic of Kazakhstan.
In accordance with the Register of positions of political and administrative civil servants approved by the decree of the president of the Republic of Kazakhstan dated December 29, 2015 No. 150, the appointment of officials specified in the claims of the plaintiff (head of the Akim's office M. B., Mayor of the City N. O., acting mayor of the city S. N.) is carried out by the Akim of the region, who is a higher official.
In accordance with Article 38 of the law, information and analytical, organizational, legal and material and technical support for the activities of the mayor is carried out by the Akim's office. The Akim's office is a state institution maintained at the expense of the local budget.
That is, the agency's appeal to the administrative body - the Akim's office, which is not part of the authority to consider the plaintiff's complaint, was considered unreasonable.
The arguments put forward by the owner of the cassation appeal are given an appropriate legal assessment in the challenged judicial acts, the complaint does not provide new evidence and grounds.
It is stated that the party's disagreement with the court's conclusion cannot be the basis for the annulment of judicial acts that are legal and correspond to the circumstances of the case.
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