Rulings of the court of appeal issued on a private complaint or at the request of the prosecutor regarding the return of claims, suspension of proceedings, or abandonment of claims without consideration are not subject to appeal or appeal.
Sh. She filed a lawsuit against the Department of Internal Affairs of the Zhambyl region for reinstatement at work, recovery of wages and compensation for moral damage. By the ruling of the Taraz City Court dated June 13, 2017, which was left unchanged by the decision of the judicial board for Civil Cases of the Zhambyl Regional Court dated July 27, 2017, the statement of claim was left without consideration due to the plaintiff's failure to comply with the pre-trial dispute settlement established by law for this category of cases. By the decision of the Cassation Board dated November 1, 2017, the rulings of the local courts were canceled. The civil case has been sent for a new hearing on the merits to the court of first instance. The legal position of the cassation board is correct. The local courts unreasonably dismissed the claim, since the provision of article 159 of the Labor Code did not apply to the plaintiff.
At the same time, due to the direct instructions of the law, the court's ruling on leaving the claim without consideration was not subject to consideration in cassation at all. Sh. had the right to file a claim with the court again, attaching the response received from the Department of Internal Affairs of the Zhambyl region stating that the conciliation commission was authorized to consider only disputes involving civil servants and other categories employees who are not in the state (law enforcement) service, to which the plaintiff does not belong.
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