Department of Land Management (DLM) of Astana does not intend to inspect the land plot in the "Krasnaya Derevnya" microdistrict, where local residents are fighting to preserve a public garden. At the same time, when considering an official request from the editorial board of the FBRK, the department violated the requirements of the Administrative Procedure Code (APPC RK).
After contacting the DLM of Astana, a journalist from the FBRK received a phone call from a man who introduced himself as a lawyer for the department, Ardak Kairgeldin. An informal telephone conversation took place, which, as it later turned out, the department registered as a hearing of the official appeal. The "lawyer" Kairgeldin was listed as the presiding officer in the hearing record.
Hearing is a stage of the administrative procedure where the applicant has the right to personally present their arguments to the person handling the appeal. According to Part 1 of Article 73 of the APPC RK, the administrative body must notify the applicant of the hearing no later than three working days before the adoption of the administrative act, where they can express their position on the preliminary decision.
The procedure must follow a clear sequence: issuing a preliminary decision, notifying the applicant (with a two-day period for review), conducting the hearing, and issuing the final decision.
In this case, events unfolded differently: first, there was a phone call from the department (see photo 1), an informal conversation took place, which was recorded as "conducting a hearing" with an incorrect time noted (see photo 2). One hour after the call, two SMS notifications arrived simultaneously: one about the preliminary decision and one about the completion of the hearing procedure (see photo 3).
Thus, the Department of Land Management of Astana violated the requirements of the Administrative Procedure Code regarding the conduct of hearings and completed everything in one day.
Questions also arise regarding the identity of Ardak Kairgeldin. In all the years our editorial team has been working, this is the first time we have received a call from a "lawyer" from a government agency. On the search platform Getcontact, the phone number has no references to him working as a lawyer or as an employee of the DLM of Astana. His surname also did not appear among the executors of the appeal.
From open sources, it is known that in 2017, Ardak Kairgeldin held the position of head of the water transport control department of the transport control inspectorate for Pavlodar region. No information could be found on what position Mr. Kairgeldin currently holds, or what his connection is to the DLM of Astana.
Regarding the land plot in "Krasnaya Derevnya," the department stated that to conduct an unscheduled inspection of the legality of the issuance and use of the land plot, it is necessary to provide specific facts of violations with supporting evidence.
Since the plot is privately owned, sufficient grounds are required for its seizure. Thus, the department stated that there was no possibility to take any measures regarding this plot.
In the end, the DLM of Astana not only refused to inspect the disputed land plot but also committed violations when handling the appeal: it ignored the deadlines of administrative procedures and preferred a formal approach to solving the real problem of the residents of "Krasnaya Derevnya."
The editorial board of the FBRK has sent an official request to the capital's prosecutor's office, asking for a legal assessment of the actions of the Department of Land Management in handling our appeal.