of November 29, 2024 No. 5
About the judgment on administrative cases
For the purpose of the correct and uniform application of the regulations of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK) regulating removal of court resolutions on administrative cases, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. According to part one of article 18 APPK the Trial Court adopts court resolutions on administrative cases in the form of decisions and determinations, courts of appeal, cassation instances - in the form of resolutions and determinations.
The court resolution of Trial Court by which the dispute is resolved in essence is taken out in the form of the decision.
Requirements of article 152 APPK about contents of the decision are obligatory for all types of productions (written, oral). The judgment is from introduction, descriptive, motivation and resolutive parts.
2. According to part one of article 151 APPK the decision can be passed in short form.
According to article 153 APPK the short solution is from introduction, motivation and resolutive parts.
The parties in time no later than ten working days from the moment of delivery of the short judgment have the right to petition for production of the complete decision which shall be made by court no later than ten working days from the moment of receipt of such petition in time.
3. Owing to part three of article 1 APPK in administrative legal proceedings provisions of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) are applied if other procedure is not provided by APPK.
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