Procedure for appealing the materials of administrative proceedings

Complaints are submitted to the body (official), the court, whose actions (inaction) and decision are being appealed, which is obliged to send them to a higher body (official), the corresponding court within three days from the date of receipt of the complaint.

A person who does not speak the language in which the proceedings are conducted is guaranteed the right to file a complaint in his / her native language or the language that he / she speaks.

An appeal to a higher authority or an official is not a prerequisite for sending a complaint to the court and its acceptance by the court for consideration and a decision on the merits.

Complaints can be submitted to a higher authority (official), a court authorized to consider them.

Complaints can be oral and written:

- oral complaints are recorded in the protocol, which is signed by the applicant and the official who accepted the complaint. Oral complaints presented by persons at the reception of the relevant officials are resolved on a general basis

- with complaints submitted in writing. Additional materials may be attached to the complaint.

If a specialized interdistrict administrative court has not been formed on the territory of the corresponding administrative-territorial unit, the cases referred to their jurisdiction are authorized to be considered by the district (city) courts.

In the case of filing a written application for the withdrawal of a complaint against the action (inaction) of an official conducting the proceedings on an administrative case, the judge makes a ruling on the return of the complaint.

Filing a complaint does not suspend the production of the appealed action and the execution of the appealed decision.

The person who filed the complaint has the right to withdraw it. The person against whom the case is initiated, the victim has the right to withdraw the complaint of his defender, representative, except for the legal representative, except for the legal representative. Claim. The application submitted in the interests of the person against whom the case is initiated may be withdrawn only with their written consent. The withdrawal of the complaint does not prevent its re-filing.

A protest, a complaint against a decision on an administrative offense case, issued in connection with non-fulfillment or improper fulfillment of a tax obligation established by the Tax Code of the Republic of Kazakhstan, or obligations provided for by the legislation of the Republic of Kazakhstan on pension provision and on mandatory social insurance, identified by the results of a tax audit, may be filed within thirty days from the date of delivery or receipt of a copy of the resolution.

At the same time, a complaint or protest against a decision on an administrative offense case is filed within ten days from the date of delivery of a copy of the resolution, and if the persons specified in Articles 744, 745, 746, 747, 748 and 753 of the Code of the Republic of Kazakhstan "On Administrative Offenses" did not participate in the consideration of the case, from the date of receipt of the resolution.

In addition, filing a complaint or protest at the appointed time suspends the execution of a decision on the imposition of an administrative penalty, an order on the need to pay a fine until a decision is made on the protest or complaint.