On the recognition of illegal actions for the failure to submit a submission on the revocation of the license of a private bailiff to the authorized body, on the obligation to submit a submission

No. 6001-23-00-6ap/1746 dated October 17, 2023

Plaintiff: I.J.

Respondent: Russian State Institution "Department of Justice of the Ministry of Justice of the Republic of Kazakhstan" (hereinafter – the Department of Justice)

Interested person: CHSI B.B.

The subject of the dispute: on the recognition of illegal actions for the failure to submit a submission on the revocation of the license of CHSI B.B. to the authorized body, on the obligation to submit a submission.

Review of the cassation and additional complaint of the plaintiff PLOT:

On December 30, 2022, I.Zh. applied to the Department of Justice for the revocation of the CSU license and, having been refused to submit a submission, filed this lawsuit with the court.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision of the court of first instance was overturned, the claim was returned in accordance with subparagraph 11) of the second part of Article 138 of the CPC.

Cassation: the appeal ruling is upheld.

Conclusions: in accordance with the second part of Article 102 of the APPC, the courts have jurisdiction in administrative proceedings over disputes arising from public law relations provided for by the APPC.

The APPC establishes that an administrative act is a decision taken by an administrative body, an official in public relations, exercising the rights and obligations of a certain person or an individually defined circle of persons established by law (subparagraph 4) of the first part of Article 4 of the APPC).

Based on the authority of an administrative body, its acts, actions (inaction) can both implement and restrict, diminish or otherwise affect the realization of the rights and legitimate interests of the subjects to whom the administrative act was issued and/or the action (inaction) was committed.

Public law relations arise between subjects of law regarding the exercise by one of the participants of his powers in relation to the other.

Accordingly, disputes arising between an administrative body and a person in respect of whom the public functions of this administrative body established by law are implemented are considered in administrative proceedings.

When deciding to satisfy the claim, the court of first instance proceeded from the assumption that it was the prerogative of the Department of Justice to submit a submission on revoking the license of the Civil Registry Office.

The Court of Appeal, overturning the court's decision and returning the claim, proceeded from the fact that this claim is not subject to consideration in administrative proceedings, since the refusal to submit a submission in respect of the ICI does not violate the rights and legitimate interests of the plaintiff.

The Judicial Board agrees with the conclusions of the court of appeal, as they are based on the correct application of substantive law and the circumstances of the case.

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