Recognizing administrative acts as illegal and imposing the obligation to perform certain actions

 

No. 6001-23-12/6pod/8 dated 06/15/2023

Plaintiff: B.S.

Respondent: RSE na PHB "National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan"

The subject of the dispute: the recognition of administrative acts as illegal, the recognition of the existence of a legal relationship and the obligation to perform certain actions

Revision on the proposal of the Chairman

PLOT:

The plaintiff's claims are related to his disagreement with the defendant's refusal (action) to provide a public service - registration of an object of copyright. In the lawsuit, the plaintiff asks the court to recognize the defendant's actions related to the refusal to include copyrighted objects in the State Register of Rights and to oblige the respondent to enter information into the State Register of Copyrighted Objects.

Judicial acts:

1st instance: by definition of the SMAS of the city of Astana, the case is directed by the SMAS of the city of Almaty

Cassation: the case was sent under the jurisdiction of the SMAS of the city of Astana.

Conclusions:

The contested acts (refusals) do not contain all the necessary mandatory criteria for an electronic document and its communication to the participants in the procedure.

Consequently, the contested acts of the defendant cannot be attributed to an administrative act issued in the form of an electronic document.

In such circumstances, the jurisdiction of the administrative case to search for B.S. is determined in accordance with part 1 of Article 106 of the CPC, which stipulates that administrative cases are subject to review at the location of the defendant.

The plaintiff is appealing against the refusal of the defendant in the person of the RSE at the National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan, whose location is the city of Astana, and also contains requirements for the assignment of duties to perform certain actions.

Thus, this administrative case is subject to substantive review by the specialized interdistrict administrative Court of Astana city.

By virtue of subparagraph 1) of the second part of Article 108 of the CPC, the court may transfer the case to another court only if it was accepted for trial in violation of the rules of jurisdiction.

In such circumstances, the conclusion of the specialized interdistrict administrative court of Astana about the jurisdiction of the present case to the specialized interdistrict administrative court of Almaty is erroneous.

 

 

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