Successful Judicial Case of AEQUITAS Counsel, Zukhriya Durgalova
We are happy to congratulate AEQUITAS Counsel, Zukhriya Durgalova, with successful completion of an intricate case, which lasted for 11 months!
The case started with a claim of the prosecutor of Merke Region who challenged the resolution of Akimat of Merke Region, which granted the long-term land use right to agricultural lands to Zhemis-Zhidek LLP. The prosecutor stated that the procedure for transferring the lands had been violated, because there had been no mandatory competitive tender.
When representing the client, Ms. Durgalova drafted a number of key procedural documents on application of the limitation period, because the prosecutor missed the deadlines for the claim filing without valid reasons under the rules of Article 136 of the Administrative Procedure Code of Kazakhstan, challenged the prosecutor's powers to file such claim, and drafted a response with a request to return the claim.
In March 2024, the court restored the limitation period for the prosecutor; however, in April, the claim was returned due to the fact that the prosecutor had no required powers. Later, the Board for Administrative Cases of the Zhambyl Oblast Court revoked this court ruling and resumed the proceedings in the case.
In July, the court issued two judicial acts: by a judgment, the court partially satisfied the claim and recognized that a part of the resolution was illegal; by a court ruling with respect to 20 ha, the court returned the claim to the prosecutor in connection with its abandonment.
Ms. Durgalova filed the appellate and specific complaints, substantiating the presence of contradictory judicial acts. In November, the Zhambyl Oblast Court completely upheld the position of our Counsel, fully revoking the judgment and the ruling of the Region Court and refusing to restore the limitation period for the prosecutor. The claim was returned to the prosecutor.
This result is an important achievement for both the client and strengthening of the principle of supremacy of law. We are thankful to Ms. Durgalova for her professional attitude, perseverance and continued protection of the client's interests!
