On the recognition as illegal and cancellation of the auditor's report and instructions

No. 6001-23-12/6pod/1 dated 01/23/2023

Plaintiff: "N" LLP

Respondent: State Institution "Department of Internal State Audit for Almaty region", State Institution "Department of Housing and Communal Services, Passenger Transport, highways and Housing Inspection of Eskeldinsky district"

The subject of the dispute: on the recognition as illegal and cancellation of the audit opinion No. 142 dated July 27, 2021 and the instruction recognizing the inaction of the Housing and Communal Services Department as illegal

Revision on the proposal of the Chairman of the PLOT:

The plaintiff is challenging audit opinion No. 142 dated July 27, 2021 based on the results of the internal state audit of the Far Eastern Administrative District in the Almaty region and the order to eliminate the identified violations issued against the Housing and Communal Services Department, as well as the inaction of the Housing and Communal Services Department in not appealing the audit opinion and instructions.

Judicial acts:

1st instance: the case was sent to the SMAS of the city of Zhetisu

Cassation: the case was sent by jurisdiction to the SMAS of the city of Zhetisu

Conclusions:

In accordance with the first part of Article 106 of the CPC, administrative cases are subject to consideration at the place where the administrative act was issued or at the location of the defendant.

In this case, the contested actions were carried out by the administrative body in the city of Taldykorgan, Zhetisu region (formerly Almaty region).

Since the contested actions were carried out and the place of issuing the administrative act is the territory located within the administrative-territorial boundaries of the Zhetisu region, this claim is subject to consideration by the specialized interdistrict administrative court of the Zhetisu region.

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