Procedure for appealing against decisions made following the results of consideration of appeals

Procedure for appealing against decisions

made following the results of consideration of appeals in the Agency

of the Republic of Kazakhstan for Regulation

and Development of Financial Market

 Administrative (pre–trial) consideration of complaints is carried out by a higher official of the Agency for Regulation and Development of the Financial Market (hereinafter referred to as the Agency).

           The official whose administrative act or administrative action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall forward it and the administrative case to a higher official reviewing the complaint, according to the competence in accordance with the order on the distribution of responsibilities between the Agency's management.

           At the same time, an official whose administrative act or administrative action (inaction) is being appealed has the right not to send a complaint to a higher official considering the complaint, according to his competence in accordance with the order on the distribution of duties among the Agency's management, if he accepts a favorable administrative act within three working days, commits an administrative action that fully satisfies the requirements, specified in the complaint.

           In cases where an official whose administrative act, administrative action (inaction) is being appealed, sends a complaint to a higher official considering the complaint, according to the competence in accordance with the order on the division of duties between the Agency's management, then checking for compliance with the requirements established by Article 93 of the Administrative Procedural Code of the Republic of Kazakhstan (hereinafter referred to as – Code), is carried out by a higher official who examines the complaint in accordance with the order on the distribution of responsibilities between the Agency's management.

           The administrative acts of the Agency's Board are appealed in court, which is notified to the participant of the administrative procedure.

           Complaints about an administrative act, administrative action (inaction) Applications are accepted in writing, sent by mail or transmitted directly by the applicant, at the address: 050040, Almaty, Koktem-3 microdistrict, house 21.

           The complaint submitted directly by the applicant is accepted by an employee of the department for ensuring the activities of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market, phone: 8(727) 2-371-241.

           The document confirming acceptance of the complaint directly from the applicant is a coupon indicating the date and time, surname and initials of the employee who accepted the appeal.

           The complaint states:

           1) the name of the body considering the complaint;

           2) last name, first name, patronymic (if it is indicated in the identity document), individual identification number, postal address of an individual or the name, postal address, business identification number of a legal entity;

           3) the address of the actual residence of the individual and the location of the legal entity;

           4) the name of the administrative body or official whose administrative act or administrative action (inaction) is being challenged;

           5) the circumstances on which the participant in the administrative procedure bases his claims and evidence;

           6) the date of filing the complaint;

           7) signature of the participant in the administrative procedure;

           8) the list of documents attached to the complaint;

           9) other information provided by the legislation of the Republic of Kazakhstan.

           The receipt, registration, accounting, return and withdrawal of the complaint are carried out in accordance with the provisions of article 64 of the Code.

           An official whose administrative act or administrative action (inaction) is being appealed may not be allowed to consider the complaint, except in the following cases::

           1) when such a person is a member of the collegial structure of the body considering the complaint;

           2) provided for by the fourth part of Article 91 of the Code.

           Upon completion of consideration of the complaint on the merits, a written decision is made, which is sent to the participant in the administrative procedure, and a copy of the decision is sent to the administrative body, the official whose administrative act, administrative action (inaction) is being appealed.

           In addition to submitting a complaint in writing, an individual or a legal entity may file a complaint with the Agency's management during a personal appointment with the Agency's management.

           The personal reception of the Agency's management is carried out in accordance with the schedule of reception of individuals and representatives of legal entities by the Agency's management, which is hosted by:

- in a place accessible to applicants in the Agency's building at 21 Koktem-3 microdistrict, Almaty;

           - on the Agency's official Internet resource www.gov.kz/memleket/entities/ardfm .

           If the complaint cannot be resolved by the Agency's management during a personal appointment, the complaint is presented by the applicant in writing and it is handled as a written appeal.

           Head of the authorized department for registration and accounting of complaints: Akhmetova Raushan Kenzhebekovna

           Phone: 8 (727) 237-1241

           The addresses and contact phone numbers of the Offices of the regional representatives of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market are listed below.

              Regional Representative Offices of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market

Astana, Mangilik El Ave.,

57 A, Aura Business Center

Karaganda, 

Bukhar-Zhyrau Ave., 19

Kokshetau,

st. Auezova, 214

Kostanay,

195 Baimagambetova St.

Kyzylorda,

st. B. Askara, 30

Pavlodar, st. Academician Satpayeva, 44

Petropavlovsk,

Kazakhstan Constitution Street, 6

Semey,

5 Abai Square

Taraz,

st. Kazybek bi, 137

Turkistan,

Zhana Kala microdistrict, Street 11,

Land plot No. 36

Ust-Kamenogorsk,

3 Kazakhstan St.

Shymkent,

st. Torekulova, 2