TABLE OF CONTENTS
This Law regulates public relations related to the submission and consideration of applications from individuals and legal entities for the purpose of implementing and protecting their rights, freedoms and legitimate interests.
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) application - a person's request for assistance in the implementation of their rights and freedoms or the rights and freedoms of other persons, or a report on violations of laws and other normative legal acts, shortcomings in the work of subjects considering appeals, officials, or criticism of their activities;
1-1) videoconferencing – communication service using information and communication technologies for interactive interaction of several remote subscribers in real time with the ability to exchange audio and video information;
1-2) video message – an individual or collective offer, application, complaint, request or response in a video format sent to the subject considering the appeal or to an official, carried out By the state Corporation "Government for citizens";
2) anonymous appeal - an appeal for which it is impossible to establish authorship, there is no signature, including an electronic digital signature, and the applicant's postal address;
3) repeated appeal - an appeal received from the same person on the same issue at least twice, in which:
the decision made on the previous appeal is being appealed;
it is reported that a previously sent request was not considered in time, if the established period for consideration has expired since its receipt, but the applicant has not received a response.
indicates other shortcomings made during the consideration and resolution of the previous appeal;
3-1) online acceptance – an action of a subject or official to accept an appeal from individuals and (or) legal entities via videoconferencing, carried out by the State Corporation " Government for citizens";
4) appeal - an individual or collective written, oral or in the form of an electronic document, video conference, video message, proposal, application, complaint, request or response sent to the subject considering the appeal or to an official;
5) subjects considering appeals (hereinafter referred to as subjects) - state bodies, bodies of local self-government, legal persons with one hundred percent state participation or providing goods (works, services) in accordance with the terms of the state order and (or) state purchase which are authorized to consider and make decisions on appeals of individuals and legal entities in accordance with their competence, as well as large businesses on the appeals of individuals and legal entities with which the contract on supply (execution, rendering) of goods (works, services);
6) accounting treatment - recording information on acceptance and consideration of treatment and their reflection in state legal statistical reporting;
7) acceptance of petition - the action of the subject, the official adoption of the address physical and (or) legal entities;
8) consideration of petition - acceptance of the subject, official in the limits of its competence, on registered treatment decisions in accordance with the legislation of the Republic of Kazakhstan;
9) registration of an appeal - fixing brief data on the content of the appeal in the accounting information document and assigning a registration number to each received appeal;
10) request - a request from a person to provide information on matters of personal or public interest;
11) proposal-recommendation of a person to improve laws and other regulatory legal acts, activities of state bodies, development of public relations, improvement of socio-economic and other spheres of activity of the state and society;
12) response - expression of a person's attitude to the state's internal and foreign policy, as well as to events and phenomena of a public nature;
13) complaint - a person's demand to restore or protect the violated rights, freedoms or legitimate interests of him or other persons, to eliminate illegal actions or omissions of state bodies, local self-government bodies, legal entities with full participation of the state or providing goods (works, services) in accordance with the terms of the state order and (or) state procurement, large business entities on the appeals of individuals and legal entities with whom a contract for the supply (performance, provision) of goods (works, services), their officials has been concluded, as well as the cancellation of their illegal decisions.
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (effective after ten calendar days after its first official publication); 24.11.2015 No. 419-V (effective from 01.01.2016).
Article 2. Legislation of the Republic of Kazakhstan on the procedure for consideration of appeals of individuals and legal entities
1. The legislation of the Republic Kazakhstan about order of consideration of physical and legal entities is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international Treaty ratified by the Republic of Kazakhstan establishes other rules than those established by this Law, the rules of the international Treaty shall apply.
Article 3. Scope of this Law
1. This Law applies to individuals and legal entities who have submitted applications, to entities and officials who consider applications.
2. This Law does not apply to appeals of individuals and legal entities, the procedure for consideration of which is established by the legislation of the Republic of Kazakhstan on administrative offenses, criminal procedure, civil procedure legislation of the Republic of Kazakhstan.
2-1. The terms of consideration of complaints on the provision of public services are established by the Law of the Republic of Kazakhstan "on public services".
2-2. This Law, except for paragraph 2 of article 7, subparagraph 12) of article 15 and article 16, does not apply to public relations related to appeals of individuals and legal entities containing only requests for information received or created by entities regulated by the Law of the Republic of Kazakhstan "on access to information".
2-3. The procedure for consideration of complaints in the field of public procurement is carried out in accordance with this Law, taking into account the specifics established by the legislation of the Republic of Kazakhstan on public procurement.
2-4. The procedure for consideration of complaints on taxation and customs regulation is carried out in accordance with this Law, taking into account the specifics established by the tax and customs legislation of the Republic of Kazakhstan.
Note of the rcli!
Article 3 should be supplemented with paragraph 2-5 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (effective from 01.01.2020).
3. Legal entities that provide goods (works, services) in accordance with the terms of the state order and (or) state procurement, consider applications for the provision of these goods (works, services) in accordance with this Law, unless otherwise provided by the laws of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the laws of the Republic of Kazakhstan from 15.04.2013 No. 89-V (effective after thirty calendar days after its first official publication); from 16.11.2015 No. 404-V (effective after ten calendar days after the day of its first official publication); from 04.12.2015 No. 435-V (effective from 01.01.2016); from 30.11.2016 No. 26-VI (effective from 01.07.2017).
Article 4. Principles of this Law
The main principles of regulation of legal relations related to the consideration of appeals of individuals and legal entities are:
1) legality;
2) unity of requirements to the applications;
3) guarantee the rights, freedoms and lawful interests of individuals and legal entities;
4) inadmissibility of manifestations of bureaucracy and red tape when considering appeals;
5) equality physical and legal persons;
6) transparency of entities and officials when considering appeals.
Article 5. Appeals that are not subject to review
1. Not subject to review:
1) anonymous appeal, except in cases when such appeal contains information about criminal offenses being prepared or committed or about a threat to state or public security, and which is subject to immediate redirection to state bodies in accordance with their competence;
2) an appeal that does not state the essence of the issue.
2. If the conditions that served as the basis for leaving the appeal without consideration were subsequently eliminated, the subject or official must consider the said appeal.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (effective from 01.01.2015).
Article 6. Requirements for written communication, video communication, and videoconferencing
Footnote. Title of article 6 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016).
1. the Appeal must be addressed to the subject or official who is responsible for resolving the issues raised in the appeal.