An administrative act, an action by an administrative body (unrelated to the issuance of an administrative act) or refusal to adopt it must be appealed by the applicant to a higher administrative body. A complaint against an administrative act of an administrative body that does not have a superior body is filed with a court.
APPC regulates in detail the procedure for considering complaints, establishing additional requirements for administrative bodies, in particular, hearing all interested parties, examining all the circumstances of the case, explaining the reasons for the response in case of dissatisfaction with the complaint. For this, the administrative body is empowered to collect evidence, request the necessary materials from the competent authorities, invite witnesses, etc.
In this context, the introduction of the mandatory procedure for appealing to a higher authority before going to court is an effective measure to improve departmental control.
The filing of a complaint against an administrative act by a person shall suspend the execution of the administrative act until the relevant decision is taken.
Filing a complaint does not suspend the execution of an administrative act in cases of prevention or elimination of a danger that could harm public or state interests, as well as in other cases provided for by the APPC and other laws.
The decision based on the results of the consideration of the complaint is made in the form of a written administrative act.
In case of dissatisfaction with the complaint, a person has the right to appeal against an administrative act, action (inaction) of an administrative body in an administrative court.