On June 29, 2020, the President of Kazakhstan signed the Administrative Procedural Code (hereinafter referred to as the "APPC") and the relevant law on amendments and additions to legislative acts.
Since July 1, 2021, the APPC has been put into effect, it consists of two parts: administrative procedures and administrative proceedings, in this regard, since July 1, 2021, the laws "On Administrative procedures" and "On the procedure for considering appeals of individuals and legal entities" have become invalid, a number of norms of the Civil Procedure Code and norms of other codes and laws related to the introduction of administrative justice will also cease to apply.
The Code is aimed at regulating public relations, which are related to administrative procedures and special legal proceedings to resolve disputes in the field of public legal relations.
The new Code is designed to increase the effectiveness of protecting the rights of citizens and legal entities when considering disputes with authorities in a higher authority and court.
Thus, the Code, according to the idea of its creators, should make significant changes in law enforcement practice in disputes with the state.
The main purpose of the Code is to protect the rights and legitimate interests of citizens.
The Code, unlike the Law currently in force "On the procedure for considering Appeals of Individuals and Legal Entities", more clearly regulates all stages of the process of considering an appeal from the moment it is received by a state body to sending a response to the applicant, as well as the entire appeal procedure.
One of the innovations is that now the applicant has the right to participate in every stage of consideration of his appeal, including in making a final decision.
Consideration of messages, proposals, responses and requests is carried out in a simplified administrative procedure.
Based on the results of consideration of an administrative case in a simplified administrative procedure , one of the following decisions on:
1) providing a response, including information, on the merits of the message, proposal, response, request;
2) taking note of;
3) termination of the simplified administrative procedure.
Heads of state bodies, local self-government bodies and their deputies are obliged to conduct a personal reception of citizens and representatives of legal entities, including employees of these bodies, at least once a month.
A participant in an administrative procedure has the right to appeal an administrative act, an administrative action (inaction) not related to the adoption of an administrative act, in an administrative (pre-trial) order.
At the same time, the period of consideration of appeals within the framework of administrative procedures will be reduced to 15 working days (with the possibility of extension for objective reasons for no more than 2 months), unlike the current legislation - 30 calendar days.
The complaint is filed with an administrative body, an official whose administrative act, administrative action (inaction) is being appealed.
An administrative body, an official whose administrative act, administrative action (inaction) 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 whose administrative act, administrative action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint if it accepts a favorable administrative act within three working days, performs an administrative action that fully satisfies the requirements specified in the complaint. Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal.
A complaint against an administrative act, an administrative action (inaction) is filed with an administrative body, an official no later than three months from the date when the participant in the administrative procedure became aware of the adoption of an administrative act or the commission of an administrative action (inaction).
The term of consideration of the complaint is twenty working days from the date of receipt of the complaint.
Having considered the complaint, the body considering the complaint makes one of the following decisions:
1) on the cancellation of the administrative act;
2) on the cancellation of an administrative act and the adoption of a new administrative act;
3) about the commission of an administrative action;
4) on leaving the complaint without satisfaction;
5) on sending an administrative case to an administrative body, to an official whose administrative act, administrative action (inaction) is being appealed, for the implementation of an administrative procedure indicating the violations committed and suggestions for their elimination;
6) on leaving the complaint without consideration.
Unlike the Law "On Administrative Procedures", the new Code regulates dispute resolution in the order of administrative justice, that is, it provides for a procedure for considering appeals not only by an administrative body or official and appealing to higher administrative bodies, but also subsequent consideration of complaints by state courts (administrative proceedings).
Therefore, the introduction of administrative justice should be an important step in the development of the rule of law of our republic and will raise the effectiveness of the protection of the constitutional rights of Kazakhstani citizens to a higher level.