The Committee of the Ministry of Energy of RK illegally put administrative charges on the metropolitan company
"Atameken" defended the rights of the company, which was illegally brought to administrative responsibility. The National Chamber of Entrepreneurs received an appeal from LLP "Med Service Group" with a request to protect the rights of the company in the administrative court of the city of Astana. On May 17, 2017, an invitation letter was sent to the Partnership by the Committee for Atomic Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan to draw up a protocol on an administrative offense, as provided for by part 2 of Article 464 of the Code of Administrative Offenses (granting the licensee knowingly unreliable information when obtaining a license). The basis for drawing up the protocol on the above-mentioned article for the Committee was the information set forth in the appeal of the other company. According to the norms of the Business Code of the Republic of Kazakhstan, the Committee needed to verify the information stated in the appeal of this company by conducting an unscheduled audit. However, the Committee did not conduct an unscheduled audit, although the Partnership received a notification on 31st of May 2017 on the appointment and conduction of an unscheduled audit, but a protocol was drawn up on the administrative offense on 16th of June 2017, of which the Association became aware only during the court session at the Specialized Administrative Court of Aktau. Specialized Administrative Court of the city of Aktau redirected this case for consideration to the appropriate court of the city of Astana. At Specialized Inter-District Administrative Court of Astana, the expert of the Department on Legal Protection of Entrepreneurs of NCE RK "Atameken" Irina Kim, stated the above arguments, based on the norms of the Business Code and the Code of Administrative Offenses and convinced the court of the illegality of the actions of the Committee’s officials and the illegality of drawing up a protocol on administrative violation . The court, having examined all the materials of the case and having heard the arguments of the parties, issued a resolution on recognizing as unlawful the actions of the officials of the Committee and abolishing the drawn up protocol. In addition, the case of an administrative offense itself was terminated due to the absence of a composition of an administrative offense in the actions of the Partnership, with the issuance of a private resolution against the officers of the Committee. Appeal , which has been submitted to "Atameken" was resolved.
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