Review of the statement of claim to the Specialized Interdistrict Administrative Court

 

 

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To the Specialized Interdistrict Administrative Court of the Almaty region

 

The plaintiff: IP "....", Almaty region, Enbekshikazakh district,

S....., O.... str., 17

 

defendant: IP "M. Z.".

IIN ……

Almaty region, Ye.skiy district, S. Kazakhstan,

st. T.., d .., sq. 4

cell phone number 8702....

 

 

review of the claim.

 

I do not fully recognize the claims of IP "G.Zh.N." against me. I believe that the claim was filed unreasonably and unlawfully on the following grounds.

According to art. 4, part 1, paragraph 15) of the Administrative Procedural Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APPC), "the defendant is an administrative body or official who is sued in court." According to art. 4, part 1, paragraph 7 of the APPC, "an administrative body is a state body, a local government body, a state legal entity, as well as another organization that, in accordance with the laws of the Republic of Kazakhstan, are authorized to adopt an administrative act, commit an administrative act (inaction)," according to art. 4, Part 1, paragraph 23) "official is a person who, in accordance with the laws of the Republic of Kazakhstan, is authorized to adopt an administrative act, commit an administrative act (inaction)."

An individual entrepreneur is not authorized to adopt an administrative act or commit an administrative act (inaction), according to Article 26 of the Entrepreneurial Code of the Republic of Kazakhstan. Thus, IP "M.Z." is not a defendant in this civil case.

As for the plaintiff's arguments about the confirmation of labor resources, this criterion was not specified by the organizer of public procurement, therefore, IP "M.Z." did not violate the requirements for the tender documentation.

As for the submission of documents for the participation of the same employees in the competition, I also consider this argument far-fetched, since I was not aware of the existence of an employment relationship between my employees and other sole proprietors.

Moreover, the Labor Code of the Republic of Kazakhstan does not prohibit citizens from having several employment contracts and it is mandatory to have only one place of work.

Thus, the plaintiff's arguments are completely far-fetched and not based on the Law.

As for the email address listed in the lawsuit, I do not know who it belongs to, I do not know anything about it. As for the fact that the email address is listed with other suppliers, I do not know about this, what legal requirements were violated in this case, it is unclear to me.

According to art. 9 of the APPC:

"1. Everyone has the right, in accordance with the procedure established by this Code, to apply to an administrative body, to an official or to a court for protection of violated or disputed rights, freedoms or legitimate interests."

It is unclear to me which rights of IP "G.J.N." were violated by me from the claim.

In addition to all of the above, several complaints were filed with the Department of Internal State Audit of the Almaty region, the results of the competition were checked 2 times and, apart from the absence of kitchen workers in my application, no other violations were found.

Based on the above, please:

To dismiss the claim;

To attach to the materials of the administrative case the response of the Department of Internal State Audit for the Almaty region.

Appendix: the response of the Department of Internal State Audit for the Almaty region on 8 sheets.

 

 

08.12.2022 IP "M.Z."

 

 

 

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. 

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