Recognition of the illegal act on the results of the audit by the Committee for Quality Assurance in the Field of Education and Science
No.6001-22-00-6ap/2228 dated 04/04/2023
Plaintiff: non-governmental educational institution "University" (hereinafter - University)
Respondent: Russian State Institution "Committee for Quality Assurance in the field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan"
The subject of the dispute: the recognition of the illegal act on the results of the audit
Review of the defendant's cassation complaint
PLOT:
In the period from November 1 to November 10, 2021, the Committee conducted an audit of the University's activities and identified 22 violations, of which 20 were severe, 1 significant and 1 minor violation, on the basis of which an order was issued to eliminate the identified violations.
From February 11 to February 18, 2022, the Committee conducted an unscheduled check for compliance with the order and issued a new order dated February 18, 2022 on the elimination of violations.
On 23.03.2022, the University sent a certificate to the Committee on the elimination of the identified violations and the measures taken.
From April 4 to April 8, 2022, the Committee conducted an unscheduled inspection of the fulfillment of the instruction dated 02/18/2022 and found that the University had not complied with the requirements for credit technology of education, and therefore an inspection report was drawn up.
Judicial acts:
1st instance: the claim is satisfied. A private determination was made by the Ministry of Education and Science of the Republic of Kazakhstan on the violations committed by the defendant.
Appeal: the decision and the private definition are left unchanged.
Cassation: judicial acts are upheld.
Conclusions:
Resolving the dispute and satisfying the plaintiff's claims, the courts of the first instance concluded that during the unscheduled inspection, the subject of the inspection was not the issue of eliminating previously identified violations, but other documents were checked to identify new violations, which is not legitimate and contradicts the norms of substantive law.
By virtue of the second part of Article 5 of the CPC, the task of administrative court proceedings is the fair, impartial and timely resolution of administrative cases in order to effectively protect and restore violated or disputed rights, freedoms and legitimate interests of individuals, rights and legitimate interests of legal entities in public relations.
By virtue of Part 3 of Article 144 of the Criminal Code, the basis for an unscheduled inspection of control and supervision facilities is the monitoring of the execution of orders to eliminate identified gross violations.
The courts found that in the regulation on the elimination of violations, the University was ordered to eliminate 7 gross violations, which were eliminated by the time of the scheduled inspection in April 2022, as the University sent relevant information to the Committee on 03/23/2022.
In such circumstances of the case, the Committee's review of other documents in order to identify new violations as part of an unscheduled review of the execution of the order is considered illegal, as it contradicts the above-mentioned norms of law.
In addition, the courts drew attention to the fact that the disputed verification was carried out by the Committee without examining the original documents, which was limited to examining copies of documents.
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