On the recognition of the illegal and cancellation of the order of the Department of Culture

No. 6001-22-00-6ap/1624 dated 02/21/2023.

Plaintiff: GKP "Drama Theater"

Respondent: State Institution "Department of Culture, Language Development and Archives of Shymkent city"

The subject of the dispute: the recognition of the illegal and cancellation of the order

Review of the plaintiff's cassation complaint PLOT:

On October 27, 2020, by a decree of the akim of Shymkent, the Department was instructed to analyze the activities of subordinate organizations in order to optimize, update and reduce staffing levels.

In order to fulfill the order, the Department issued an order dated November 9, 2020 "On optimization, consolidation and amendments and additions to the staffing limits of subordinate institutions", on the basis of which information on the activities of subordinate institutions and the availability of vacancies in them were summarized and analyzed.

Based on the results of the analysis, it was decided to transfer 12 full-time theater units to other state-owned enterprises subordinate to the Department. On September 20, 2021, the Acting head of the B.D. Department issued an Order.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are cancelled, the claim is returned.

Conclusions:

The Board considered that the administrative act should have an external orientation, that is, the legal impact of the act should be directly external and addressed to service recipients, which are individuals and legal entities.

Management for the Theater is a government agency, accordingly, the contested Order for the plaintiff is a legal act of individual application.  There are no signs,

having an external orientation of the Order, which means that there are no public relations between them.

The second part of Article 102 of the CPC states that the courts have jurisdiction in administrative proceedings over disputes arising from public law relations.

Subparagraph 11) of the second part of Article 138 of the CPC establishes that the court issues a ruling on the return of the claim if the case is not subject to consideration in administrative proceedings.

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