The Supreme Court upheld the decision to terminate the proceedings of an administrative offense in relation to the ex-akim of Kostanai region’s Zhitikara town

By the resolution of the specialized Chamber of the Supreme Court, the resolution of appellate judicial board on civil and administrative cases of Kostanay regional court was quashed. The resolution aimed to bring to administrative responsibility of E.Dzhandyrova according to part 2 of Article 79 of the Administrative Code. The Supreme Court upheld the decision of the district court of Kostanai region’s Zhitikara town.

Consideration of the appeal was charged to akim of Zhitikara town E.Dzhandyrova and managers of SCE "Zhitikarakommunenergo", SE "The department of employment and social programs of Zhitikara district akimat".

Based on the laws "On the order of consideration of physical and legal entities", "On local government and self-government in the Republic of Kazakhstan" E.Dzhandyrov requested the DKP "Zhitikarakommunenergo" information about the owner of the dwelling and municipal debt. Upon review of the treatment he was sent a written reply to the statement of the action taken against the debtor.

The decree of the prosecutor Zhitikara district akim against g.Zhitikara E.Dzhandyrova were instituted administrative proceedings for illegal collection of personal data with the use of official position.

Zhitikara district court of Kostanay region, considered the case materials, the production on it has stopped for lack of an administrative offense. However, the judicial act was canceled on appeal of Kostanay regional court.

The Supreme Court examined the case on appeal, overturned the appeal court ruling and upheld the Zhitikara district court.