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The law becomes invalid by the code of the Republic of Kazakhstan dated 29.06.2020 No. 350-VI (effective from 01.07.2021).
Table of CONTENTS
This Law regulates public relations related to the submission and consideration of appeals from individuals and legal entities in order to implement and protect 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 request of a person 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 possibility of exchanging audio and video information;
1-2) video message – an individual or collective proposal, application, complaint, request or response in 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, the postal address of the applicant;
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 deadline 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 application.
3-1) online reception-an action of a subject or official to accept an appeal from individuals and (or) legal entities via video conferencing, carried out by the state Corporation "Government for citizens";
4) appeal - an individual or collective written, oral or 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 that consider 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 a request - recording in the accounting information document brief data on the content of the request and assigning a registration number to each received request;
10) request - a request from a person to provide information on personal or public issues of interest;
11) proposal - recommendation of a person on improvement of laws and other normative 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 - the expression of a person's attitude to the state's domestic and foreign policy, as well as to events and phenomena of a public nature;
13) complaint - a person's claim to restore or protect the violated rights, freedoms or legitimate interests of his or her or other persons, to eliminate illegal actions or omissions of state bodies, local self-government bodies, legal entities with 100% state participation or providing goods (works, services) in accordance with the terms of a state order and (or) public 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 from 10.02.2011 No. 406-IV (effective ten calendar days after its first official publication); from 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 rules other 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 subjects 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 concerning the provision of public services are established by the law of the Republic of Kazakhstan "On public services".
2-2. This Law, with the exception of 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.
2-5. The complaints in the sphere of procurement of goods, works and services national holdings, with the exception of the national welfare Fund, national holdings, national companies and organizations, fifty and more percent of voting shares (participation shares in Charter capital) of which directly or indirectly belong to national managing holding, except for the national welfare Fund, national holding, the national company shall be in accordance with the present Law taking into account characteristics of, established by the legislation of the Republic of Kazakhstan on state property.
3. Legal entities that provide goods (works, services) in accordance with the terms of the state order and (or) public 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 upon expiration of thirty calendar days after its first official publication); from 16.11.2015 No. 404-V (effective upon expiration of ten calendar days after the date 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); from 26.12.2018 No. 202-VI (effective from 01.01.2020).
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. Requests not subject to review
1. Not subject to review:
1) anonymous appeal, except for cases when such appeal contains information about criminal offenses that are 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 is obliged to consider the specified appeal.
Footnote. Article 5 as amended by the law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (introduction