On the recognition of the decision of the competition commission on the competition for the vacant administrative public position
No. 6001-22-00-6ap/2194 dated 03/28/2023
Plaintiff: A.E.
Respondent: Russian State Institution "Committee on Land Resources Management of the Ministry of Agriculture of the Republic of Kazakhstan"
The subject of the dispute: on the recognition of the decision of the competition commission on the competition for the vacant administrative public position (category C-O-1) of the head of the Department of Land Management of the city of Nur-Sultan of the Committee on Land Management of the Ministry of Agriculture of the Republic of Kazakhstan as invalid and its cancellation
Review of the plaintiff's cassation complaint PLOT:
An employment dispute arose between the parties related to the appointment on a competitive basis, provided for by the civil procedure legislation.
The plaintiff argues that he is not an employee of the Committee and this state body is not his employer, there is no employment relationship between the plaintiff and the defendant.
Judicial acts:
1st instance: the claim is returned.
Appeal: the definition remains unchanged.
Cassation: judicial acts are upheld.
Conclusions:
By virtue of the second part of Article 102 of the CPC, the courts have jurisdiction in administrative proceedings over disputes arising from public law relations.
According to the first part of Article 3 of the CPC, it regulates relations related to the implementation of internal administrative procedures of state bodies, administrative procedures, as well as the procedure for administrative legal proceedings. Thus, disputes arising from labor relations are not regulated by the norms of the APPC.
The second part of Article 23 of the CPC provides that the courts are responsible for civil cases of claim proceedings in disputes arising from civil, family, labor, housing, financial, economic, land and other legal relations.
The courts came to the correct conclusion that the case should not be considered in administrative proceedings, since there are no public relations between the parties.
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