On the recognition of illegal inaction, the assignment of the obligation to organize work

No. 6001-24-00-6ap/3491 dated April 24, 2025

Plaintiff: LLP "A" (hereinafter referred to as the Partnership)

Defendants: Akimu of the city, State Institution "Department of Housing and Communal Services, passenger transport and highways"

The subject of the dispute: the recognition of illegal inaction, the assignment of the obligation to organize work

Review of the plaintiff's cassation complaint PLOT:

The partnership operates at the AGZ industrial base, and has repeatedly appealed to the defendants about the need for medium-term repairs of the highway adjacent to the specified base, including its work plan for medium-term repairs for 2024-2025.

On November 27 and December 26, 2023, the respondent provided answers stating that the construction of new highways requires a lot of money, streets with a large flow of vehicles are a priority, and the work plan for 2023-2024 does not provide for the average repair of the specified highway.

It was also reported that the disputed section of the highway is not included in the work plan for 2024-2025.

The partnership filed the above claim with the court, arguing that due to the inaction of the defendants, the 250-meter-long highway located in the "P" quarter is extremely worn out, as it has not been repaired for many years.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision of the court of first instance remains unchanged.

Cassation: judicial acts in this case are upheld.

Conclusions: according to sub–paragraphs 5), 19) of the first part of Article 4 of the CPC, an administrative action (inaction) is an action (inaction) an administrative body, an official in public relations that is not an administrative act.

Consideration of an appeal is the adoption by an administrative body, an official within its competence, of a decision in accordance with the legislation of the Republic of Kazakhstan.

On March 11, 2024, a defective certificate was drawn up for the "Average repair of a section of highway with a total length of 250 meters leading from the CHP plant towards the silicate plant" and it was decided that the following works were necessary: milling, coating of coarse-grained asphalt concrete, coating of fine-grained asphalt concrete.

In this regard, the Housing and Communal Services Department has approved a technical specification for the development of technical documentation for this facility, the cost of which is 294,605 tenge.

Attention was also drawn to the fact that by the decision of the Maslikhat of the city dated April 3, 2024, funds were allocated for the production of technical documentation, and therefore, on April 24, 2024, the Housing and Communal Services Department announced a public procurement tender by requesting price proposals for the development of technical documentation for the facility "Average repair of a section of the highway leading from the CHP towards the silicate plant."

The Judicial Board considered that the conclusions of the local courts on the refusal of

The satisfaction of the claim is legitimate and justified, since it has been reliably established that the defendants provided timely responses to the plaintiff's appeals, and taking into account the capabilities of the city budget, measures were taken, and a tender was announced for the development of technical documentation for the average repair of the highway. 

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