Recognition of illegal and invalid verification

No.6001-22-00-6ap/2319 dated 05/18/2023

Plaintiff: "M" LLP

Respondent: Russian State Institution "Department of Sanitary and Epidemiological control of the city district of the Department of Sanitary and Epidemiological Control of the City Committee    Sanitary and Epidemiological Control of the Ministry of Environmental Protection of the Republic of Kazakhstan" (SEC Department),Russian State Institution "Department of Sanitary and Epidemiological Control of the City Committee of Sanitary and Epidemiological Control of the Ministry of Environmental Protection of the Republic of Kazakhstan" (SEC Department),Russian State Institution "Committee of Sanitary and Epidemiological Control of the Ministry of Environmental Protection of the Republic of Kazakhstan"

The subject of the dispute: on the recognition of the illegal and invalid verification of the claimant's file No. 4 on the basis of the act on the appointment of an audit dated 11/10/2021, as well as the illegal and invalid act on the results of the audit dated 30.11.2021, the regulation on the elimination of violations dated 11/30/2021 No. 673, the response of the SEC Committee dated 02/07/2022 and their cancellation

Review of the plaintiff's cassation appeal

PLOT:

According to the schedule of inspections in a special order for the second half of 2021, the Department, on the basis of an Act, conducted an inspection of the workshops for the production of bakery products, confectionery with cream and semi-finished products in a branch located in the city area, from November 11 to November 30, 2021.On 11/30/2021, an act on verification results, an order and an electronic protocol on the administrative violation case were drawn up in relation to the branch.

From the response of the Committee dated 02/07/2021, based on the results of the review of the LLP's complaint about the actions and acts of Management and the Department, it follows that no gross violations of the requirements for the organization and conduct of inspections have been identified.

Referring to the violations committed during the appointment and conduct of the audit, the procedure and deadline for sending and reviewing the act on the results of the audit and the order, as well as challenging the legality of the Committee's response, the Partnership filed a lawsuit with the court.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are upheld.

Conclusions:

Rejecting the claim, the courts proceeded from the fact that:

According to the inspection schedule for the second half of 2021, the SEC Management conducted an inspection of workshops for the production of bakery products, confectionery with cream, and semi-finished meat products at the plaintiff's branch No. 4.The act on the appointment of an audit dated November 10, 2021 No. 673 was registered in the State Institution "Management of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan for the City" and complies with the requirements of Article 145 of the Entrepreneurial Code of the Republic of Kazakhstan;

After the inspection, a representative of the SEC Management notified the director of branch No. 4 of the plaintiff about his appearance at the SEC Management Office to give explanations and participate in the consideration of the administrative offense case for violations of the requirements of legislation in the field of sanitary and epidemiological welfare.;

all the documents of the inspection on an administrative offense, including the act on the results of the inspection, the order to eliminate violations, and the protocol on the administrative offense were sent to branch No. 4 via Kazpost JSC on the next business day after the inspection was completed, according to the receipt dated 12/22/2021.;

The deadlines for conducting an inspection with a visit to the subject (facility) provided for in Article 148 of the PC have not been violated. According to the inspection report in relation to branch No. 4, the inspection was carried out from November 22 to November 30, 2021; two complaints were received from the plaintiff to the Department of the SEC. Since the issues set out the same arguments based on the results of the audit, they were combined and considered as one complaint, as reflected in the resolution of 10.01.2022. The complaints were considered within the established time frame and the decision was made on the eighth day in accordance with the Code of Administrative Offences of the Republic of Kazakhstan.;

On 02.2022, the SEC Committee responded No. 24-1-24/ZT-O-17 stating that gross violations of the PC requirements for organizing and conducting inspections had not been detected.

The Judicial Board agreed with the conclusions of the local courts.

 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases