Practice of appealing against court decision and actions (inaction) of state bodies discussed in Astana

The Court of Astana and the branch of the Atameken National Chamber conducted a round table discussion themed "Judicial practice on appealing against court decision and actions (inaction) of state bodies, local self-governance, public associations, organizations, officials and government workers" within the framework of the project called "Judicial Protection of Business"

The judges of Astana Marash Manabayeva and Sholpan Nusupova, chairman of the specialized inter-district economic court Madi Rysbekov, the representatives of the Atameken regional chamber, committees on technical regulation and metrology, public procurement, regulation of natural monopolies, protection of competition and consumers' rights, internal state audit, as well as departments of the fuel and energy complex and municipal services, construction and housing policy, business communities, quasi-public sector organizations and lawyers took part in the round table discussion.

Speaking M. Rysbekov called the right of judicial protection one of the guarantees of the legal status of the individual and one of the basic human and citizen rights. "Legality in the activities of government bodies is of particular importance in the life of society, since state regulation practically covers all spheres of public relations. The Constitution grants everyone the right to express their opinion on the legality of the actions of state power and exercise their rights by means of use of a judicial form of protection, "he said.

In her report, the judge of the SIEC Anar Karimova recalled Article 227 of the Civil Procedure Code, according to which the court obliges a state body, a local government, a public association, an organization, an official and a government worker to correct the violation completely and reinstate the violated rights, freedoms and legitimate interests of the citizen or the legal entity, to cancel the applied measures of responsibility to the person or otherwise to reinstate the violated rights, freedoms and legitimate interests.

The head of the Department of Legal Assistance of the Committee on Public Procurement of the Ministry of Finance of the Republic of Kazakhstan Murat Seykhtakhmetov talked about judicial practice on the cancellation of orders of the authorized body on recognition it as an unscrupulous participant in public procurement, gave examples and statistics. According to him, the new version of the law "On Public Procurement" significantly reduced the load on the courts, because potential participants in public procurement who have evaded the conclusion of a contract are automatically included in the register, the percentage of appeals to the courts is very low and does not exceed 4% of the total number of orders issued.

Director of Fortezza Group LLP Tlek Ibrayev made several proposals regarding changes in the current legislation on the topic under discussion on behalf of the representatives of the business community.

Summing up the discussion, the judge of the court of Astana M.Manabayeva thanked all those participants for their active participation in the work of the round table discussion.