Appeal procedure based on the Code of Administrative Procedure and Procedure
In June 2020, the Head of State signed the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Code of Administrative Offenses) and the Law of the Republic of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Administrative Issues”, which entered into force on July 1, 2021.
LETTER governs relations related to the implementation of internal administrative procedures of state bodies, administrative procedures, as well as the procedure for administrative proceedings.
The participants in relations regulated by the letter are state bodies, administrative bodies, officials, as well as individuals and legal entities.
That is, in accordance with Article 91 of this Code, a participant in an administrative procedure has the right to appeal against an administrative act, administrative action (inaction) not related to the adoption of an administrative act in an administrative (pre-trial) procedure.
In the cases provided for by this Code, a participant in an administrative procedure has the right to appeal against an administrative action (inaction) related to the adoption of an administrative act.
If an administrative body, an official has not adopted an administrative act or performed an administrative action within the time limits established by this Code, then from the date of expiration of the time limits, the administrative body, the official shall be deemed to have refused to adopt an administrative act, to perform an administrative action.
Consideration of a complaint in an administrative (pre-trial) procedure is carried out by a higher administrative body, an official (hereinafter referred to as the body considering the complaint).
An administrative body, an official, with the exception of the President of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, for whose official an administrative act, action (inaction) of the administration is being appealed, shall be a higher administrative body, an official, as well as another an administrative body authorized to consider complaints in accordance with the laws of the Republic of Kazakhstan, an official body for the purposes of this Code, considering a complaint, is recognized as a person.
A complaint is filed with an administrative body, an official against whom an administrative act, action (inaction) of the administration is being appealed.
An administrative body, an official in respect of which an administrative act, action (inaction) of the administration is being appealed, no later than three working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.
At the same time, an administrative body, an official who appeals against an administrative act, action (inaction) of the administration, has the right not to send a complaint to the body considering the complaint, if within three working days it has adopted a favorable administrative act that fully satisfies the requirements specified in the complaint, performed an administrative act.
Appeal to the court is allowed after a pre-trial appeal, unless otherwise provided by law.
In the absence of a higher administrative body, official, an administrative act, administrative action (inaction) may be appealed to the court, about which, when making a decision on an administrative case, the administrative body, action (inaction) of the administration notifies the participant in the administrative procedure.
Consideration of complaints by the prosecution authorities is carried out on the grounds and within the limits established by the Law of the Republic of Kazakhstan "On the Prosecutor's Office".
You can read more detailed information in the information and legal system of normative legal acts of the Republic of Kazakhstan "Adilet"!
District Prosecutor's Office