NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

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.

Articles 27-1 and 28-1 GPK affirm the right of the regional and equated to it court, the Supreme Court of the Republic of Kazakhstan on reclamation, acceptance to the production, consideration and permission by rules of Trial Court of one of the homogeneous cases (similar in subject and the bases of the claim, on subject structure) which are in production of subordinate courts.

APPK is not settled the specified procedure in this connection are subject to application of regulation of GPK.

For reclamation and consideration of the case on rules of Trial Court by superior court, the court in which production there is case shall receive written consent of the parties. If there is no consent of one of the parties, case cannot be requested by court.

The question of reclamation and consideration of one of homogeneous cases can be initiated by court of higher instance, court in which production there is case, and also the parties or one of the parties.

The decision passed on one of homogeneous cases can be used by courts according to part of 5-1 Article 226 GPK.

Taking into account provisions of part one of article 24 APPK and part of 3-1 Article 35 GPK consideration and permission of administrative cases according to the cognizance provided by articles 27-1 and 28-1 GPK in superior courts is performed by the judge solely.

The decision of the regional and equated to it court, the Supreme Court of the Republic of Kazakhstan which is taken out on the cases considered by rules of Trial Court shall conform to requirements of article 152 APPK and Article 226 GPK.

4. The decision is passed by name of the Republic of Kazakhstan in strict accordance with the law and the facts determined by court on specific case.

In the text of the decision are not allowed: excessive disaggregation of events and circumstances; citing the rules of law which do not have relations to dispute; the use of not accepted reducings and words which are not applied in official documents; introduction of the corrections which are not stipulated by court. Use in the text of the solution of abbreviation is possible on condition of its disclosure in case of the first mentioning.

The decision is passed in the conditions excluding presence of strangers and disclosure of mystery of meeting.

5. The decision is stated in writing and made, as a rule, by computer method in one copy.

The decision can be produced by hand-written or typewritten method. In this case its copy is made by computer method.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info