On the obligation to adopt a favorable administrative act on the issuance of a license for the export of specific goods for a period of one year
No. 6001-24-00-6ap/2176 dated April 10, 2025
Plaintiff: N LLP (hereinafter referred to as the Partnership)
Respondent: RGKP "Committee of Industry of the Ministry
Industry and Construction of the Republic of Kazakhstan" (hereinafter referred to as the Committee)
The subject of the dispute: the obligation to adopt a favorable administrative act on the issuance of a license for the export of specific goods for a period of one year
Review of the plaintiff's cassation complaint PLOT:
As part of the public service, on October 19, 2023, the Partnership applied to the Committee for a license to export specific goods in order to repair an aerial photography complex on the territory of the Russian Federation (a multi-rotor helicopter with a camera, gliders with a camera, ground control stations and launchers, containers).
On November 30, 2023, the Committee refused to issue an export license to the Partnership due to a negative decision in the risk assessment with reference to subparagraph 15) of paragraph 9 of Annex 1 of the Rules for Licensing the Export and Import of Specific Goods and Qualification Requirements approved by Order No. 425 of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated June 9, 2023 (hereinafter referred to as - Rules).
Disagreeing with this refusal, the plaintiff filed this lawsuit with the court.
Judicial acts:
1st instance: the claims were denied.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts in this case are upheld.
Conclusions: the procedure for issuing the disputed license is classified as a public service and is regulated by the relevant Rules. To obtain such a permit, the legislator has provided for a special procedure, the necessary criterion for which is to send and request relevant information from authorized state bodies for the implementation of the control system.
This is due to their specificity, since these are dual-use and military goods controlled to ensure national security; they are classified as products used for civilian purposes and to create weapons of mass destruction and their means of delivery, weapons, and military equipment.
After receiving responses (information) from the state bodies of the control system and conducting a risk assessment, the Committee concluded that the license was refused, since the information received clearly excluded its issuance, and the risk assessment was carried out taking into account the interests of national security.
In addition, the court of appeal examined information classified as "for official use." Based on the results of the study, the court indicated that this information confirms the conclusions and statements of the Committee, which were the basis for the refusal to issue a license.
The grounds and motives for the decision are set out in detail in judicial acts, specifying the specific provisions of the law to be applied.
These conclusions of the local courts correspond to the circumstances and requirements of the law established in the case, are confirmed by the evidence available in the case file, and comply with the requirements and principles of administrative proceedings.
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