Unlawful order canceled in court

26.01.2022

At the end of 2021, the lawyer of the KORGAN law firm, Matsura D., won another case, canceling the order to eliminate violations of the legislation of the Republic of Kazakhstan on natural monopolies, which was illegally issued to our client. Apart from the fact that the order was issued without justification, it was also issued in violation of the principles of administrative procedures.

By virtue of the requirements of paragraph.1 Article. 152 – 1 of the PC, an order to eliminate the identified violations is drawn up only based on the results of preventive control and supervision with a visit to the subject (object) of control and supervision. However, the department, contrary to the imperative requirements of business legislation regulating the procedure for exercising state control and supervision, based on the results of preventive control and supervision without visiting the subject of natural monopolies, did not legitimately issue an order. Accordingly, the plaintiff, without conducting an audit, limited himself to the results of consideration of the appeal, illegally drew up an order, which is an absolute violation procedures for the adoption of an administrative act.

Dmitry Matsura, Senior Associate at KORGAN Law Firm, clearly and professionally defended the interests of our client in court and, as a result, the court canceled the illegal order. Our company always defends the legitimate interests of its clients, competently and clearly proving and pointing out violations of laws.