On recognition of illegal actions for refusal of registration
No. 6001-23-00-6ap/1677 dated 12/21/2023
Plaintiff: KTS LLP
Respondent: State Institution "Department of Entrepreneurship and Agriculture"
Interested person: T.A.
The subject of the dispute: on the recognition of illegal actions to refuse
registration of a caterpillar mounting crane of the MKG-25BR brand, manufactured in 1987, factory No. 4042 and a caterpillar mounting crane of the MKTS- 100.1 brand, manufactured in 1991, factory No. 37, forced to register a caterpillar mounting crane of the MKG-25BR brand, manufactured in 1987, factory
No. 4042 and a caterpillar mounting crane of the MKTS-100.1 brand, built in 1991, factory No. 37 with the issuance of numbers and technical data sheets
Review of the plaintiff's cassation complaint PLOT:
According to the purchase and sale agreement dated March 10, 2022, R.E. transferred to the ownership of KTS LLP an installation crane of the MKG-25BR 4042 brand, manufactured on May 10, 1987, factory No. 34 for 5,000,000 tenge excluding VAT.
According to the purchase and sale agreement No. 21-06 dated June 21, 2022, IP "P- K" undertakes to sell the MKGS-100.1 jib self-propelled crane, factory number No. 37, manufactured in 1991, for 20,000,000 tenge excluding VAT.
On August 11, 2022, the plaintiff applied to the defendant, the Department of Entrepreneurship and Agriculture, to register the above-mentioned crane, and the following documents were attached: crane passports, purchase and sale agreements, and an industrial safety expert opinion.
On August 11, 2022, the defendant refused to provide a public service, indicating the provision of incomplete information on the registration of cars and an incomplete list of documents. The list of documents required for the initial registration is also indicated.
On August 19, 2022, the plaintiff re-applied to the defendant with applications for the secondary registration of the MKTS-100.1 caterpillar crane, manufactured in 1991, serial number 37 and the MKG- 25BR 4042 assembly crane, manufactured on 05/10/1987, factory number 34, attaching purchase and sale agreements, receipts for payment of state duty and registration fee, certificate of state registration of a legal entity.
On August 19, 2022, the defendant refused to provide public services due to the provision of incomplete information on the condition of registration of cars and an incomplete list of documents indicating the list of documents required for primary registration.
In addition, it was explained to the plaintiff that the specified equipment had not previously been on state registration (primary registration) at the registration points for registration of cars (local executive bodies of the regions of the cities of A., A. and Sh., districts and cities of regional significance) in the Republic of Kazakhstan.
Judicial acts:
1st instance: the claim was denied.
Appeal: the court's decision remains unchanged.
Cassation: judicial acts are upheld.
Conclusions: by refusing to satisfy the claim, the local courts came to the reasonable conclusion that these cranes cannot be road users, since they belong to the category of construction machinery, operate from the electric grid, and are subject to transportation in a collapsible form as a device.
(equipment).
It is also noted that it is not possible to make a secondary registration without primary registration.
Consequently, the conclusions of the local courts on the denial of the claim are legitimate and justified.
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