A participant in an administrative procedure has the right to appeal against an administrative act, an administrative action (inaction) not related to the adoption of an administrative act, in an administrative (pre-trial) manner.
In the cases provided for by the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Code), a participant in the administrative procedure has the right to appeal an administrative action (inaction) related to the adoption of an administrative act.
If an administrative body, an official, within the time limits established by the Code, did not adopt an administrative act, did not perform an administrative action, then from the date of expiration of the time limits, it is considered that the administrative body, an official refused to accept the administrative act, or to perform an administrative action.
Consideration of a complaint in an administrative (pre-trial) manner is carried out by a higher administrative body, an official (hereinafter referred to as the body considering the complaint).
For the purposes of the Code, the body considering a complaint is 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, who are superior in the order of subordination to an administrative body, an official whose administrative act, an administrative action (failure to act) is appealed, as well as another administrative body, official authorized in accordance with the laws of the Republic of Kazakhstan to consider complaints.
A 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 appealed shall, 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 within three working days he accepts a favorable administrative act, performs an administrative action that fully meets the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to a court is allowed after a pre-trial appeal.
In the absence of a superior administrative body, an official, an administrative act, an administrative action (inaction) may be appealed in court, which is notified to the participant in the administrative procedure by the administrative body, whose administrative act, administrative action (inaction) is appealed when a decision is made on an administrative case.