The Administrative Procedural and Procedural Code (hereinafter referred to as the APPC) regulates relations related to the implementation of internal administrative procedures of state bodies, administrative procedures, as well as the procedure for administrative legal proceedings.
According to the APPC, an administrative body is 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, are authorized to adopt an administrative act, commit an administrative action (inaction);
An administrative act is a decision that is made:
by an administrative body,
an official in public-legal relations who implements the rights and obligations of a certain person or an individually defined circle of persons established by the laws of the Republic of Kazakhstan;
An administrative act is adopted exclusively in written (paper and (or) electronic) form, if the administrative procedure is initiated on the basis of an appeal.
An administrative act can be adopted not only in writing, but also in another form (by oral speech, by giving a gesture or signal, etc.).
A person against whom an administrative act has been adopted, an administrative action (inaction) that is not related to the adoption of an administrative act has the right to appeal it in an administrative (pre-trial) order.
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.
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). Having considered the complaint, the body considering the complaint makes one of the following decisions:
1) on the cancellation of an 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 proposals for their elimination;
6) about leaving the complaint without consideration.
In case of dissatisfaction with the complaint, the person has the right to appeal an administrative act, action (inaction) an administrative body in an administrative court.
The complaint review period is 20 working days.