The Department of the Committee for Legal Statistics of the General Prosecutor's Office issued an act against an employee of the capital’s Department for Land Resource Management (DLRM) for violating the norms of the Administrative Procedural Code (APC RK).
The reason was a complaint from an FBK journalist about the unlawful conduct of a hearing procedure concerning the preservation of a square in the "Krasnaya Derevnya" microdistrict, which local residents are fighting for.
Let us recall that after an official request from the FBK editorial board to the DLRM, a series of violations followed. A person who introduced himself as a legal advisor of the department, Ardak Kairgeldin, conducted an informal telephone conversation, which was subsequently formalised as an official hearing.
According to the APC, hearings must be conducted according to strict regulations: first, a preliminary decision is issued, then the applicant is notified at least three working days in advance, after which the hearing itself takes place, and only then is a final decision made. However, all stages of the procedure were carried out in one day without following the sequence, which violates the law.
On the substance of the issue, the department stated that to verify the legality of the use of the land plot in the "Krasnaya Derevnya" microdistrict, specific facts of violations with supporting materials are required, as the plot is privately owned.
In mid-December, a public consultation was held regarding the change to the detailed planning project of the disputed land plot. 94 people unanimously voted to change the designated purpose from "construction of a residential building" to "a square". Based on this, the Department of Architecture, Urban Planning, and Land Relations will continue to act in the interests of preserving the square.
The identified violations in the work of the DLRM indicate the need to strengthen control over compliance with administrative procedures in state bodies. The FBK editorial board continues to monitor developments, both regarding the preservation of the square and the response of the authorised bodies to the violations in the work of the land department.