The concept of an administrative act and its appeal in a pre-trial manner
The administrative procedural code (hereinafter referred to as the EPC) regulates internal administrative procedures of state bodies, relations related to the implementation of administrative procedures, as well as the procedure for conducting administrative proceedings.
A state body, a local self-government body, a state legal entity, as well as another organization that, in accordance with the laws of the Republic of Kazakhstan, is authorized to adopt an administrative act, perform administrative actions (omissions).
An administrative act is a decision that makes:
- administrative authority and,
- a decision that implements the rights and obligations of a particular person or group of individually defined Persons established by the laws of the Republic of Kazakhstan;
If an administrative procedure is initiated on the basis of a referral, an administrative act is adopted only in written (paper and (or) electronic) form.
An administrative act can be adopted not only in writing, but also in other forms (oral speech, gestures or signaling, etc.).
A person in respect of whom an administrative act has been adopted has the right to appeal an administrative act, an administrative action (omission) that is not related to the adoption of an administrative act in an administrative (pre-trial) manner.
The complaint is submitted to the administrative body or official against whom the administrative act, administrative action (omission) is being appealed.
The administrative body, official to whom an administrative act, an administrative action (omission) is being appealed, no later than three working days from the date of receipt of the complaint, sends it and the administrative case to the body considering the complaint.
A complaint against an administrative act, an administrative action (omission) is submitted to an administrative body or 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 (omission).
After considering the complaint, the body considering the complaint makes one of the following decisions::
1) on cancellation of an administrative act;
2) on cancellation of an administrative act and adoption of a new administrative act;
3) about the commission of an administrative action;
4) leave the complaint without satisfaction;
5) make one of the decisions on sending an administrative case to the administrative body for the implementation of an administrative procedure with an indication of violations committed by the official against whom an administrative act, administrative action (omission) are being appealed, and proposals for their elimination;
6) make one of the decisions on leaving the complaint without consideration.
If the complaint is not satisfied, the person has the right to appeal an administrative act or action (omission) of an administrative body to the Administrative Court.
The term of consideration of the complaint is 20 business days.