The Administrative Procedural and Procedural Code of the Republic of Kazakhstan (hereinafter referred to as the APPC) provides for the right of a participant in an administrative procedure to submit an application to an administrative body or official.
In accordance with paragraph 16, paragraph 1, Article 4 of the APPC, an appeal is an application or complaint sent to an administrative body or official in written (paper and (or) electronic) or oral form, as well as in the form of a videoconference, video message.
An appeal submitted orally is recorded in a separate protocol by an official or an employee of the administrative body who accepted the appeal.
When submitting an application in writing, the application must specify:
According to paragraph 6 of Article 64 of the APPC, in case of non-compliance of the appeal with the above requirements, the administrative body, the official indicate to the applicant which requirements the appeal does not meet, establish a reasonable time to bring it into compliance with the requirements.
If the applicant does not comply with the requirements, the appeal, the administrative body, the official return the appeal to the applicant. At the same time, the return of the appeal is not an obstacle to repeated treatment.
The applicant, before making a decision on an administrative case, may withdraw the appeal on the basis of his written application.
The withdrawal of an appeal does not deprive him of the right to submit a second appeal, subject to the deadlines, unless otherwise provided by the laws of the Republic of Kazakhstan.
The term of consideration of the administrative procedure initiated on the basis of the appeal is 15 working days from the date of receipt of the appeal, unless otherwise provided by the laws of the Republic of Kazakhstan. The term of the administrative procedure initiated on the basis of the appeal is calculated from the moment of its initiation.
The term of the administrative procedure initiated on the basis of an appeal may be extended by a reasoned decision of the head of the administrative body or his deputy for a reasonable period, but not more than up to two months due to the need to establish factual circumstances relevant for the proper consideration of the administrative case. At the same time, the participant of the administrative procedure is notified about the extension of the period of consideration of the appeal within three working days.
The participant of the administrative procedure is given the opportunity to express his position on the preliminary decision on the administrative case, about which the participant of the administrative procedure is notified in advance, but no later than three working days before the adoption of the administrative act. The hearing may be carried out by: 1) inviting a participant in an administrative procedure to a hearing on an administrative case, including through videoconferencing or other means of communication; 2) using information systems; 3) other communication methods that allow the participant of the administrative procedure to state his position.
The hearing is not held if,
1) an administrative body, an official adopts a favorable administrative act that does not affect the rights, freedoms and legitimate interests of other persons;
2) enforcement proceedings are carried out;
3) the legislation of the Republic of Kazakhstan establishes less than three days for the implementation of the administrative procedure;
4) the immediate adoption of an administrative act is required in order to protect the rights and freedoms of citizens and legal entities, public and (or) state interests;
5) this is requested by the participant of the administrative procedure;
6) simplified administrative procedure is carried out;
7) the decision on an administrative case is made during the implementation of an automated process, while the administrative body, the official is not endowed with administrative discretion.
A participant in an administrative procedure has the right to submit or object to a preliminary decision on an administrative case no later than two working days from the date of its receipt.
If the participant of the administrative procedure verbally expresses his objection, the administrative body, the official shall keep a record of the hearing, to which the participant has the right to provide comments within three days after familiarization.
An administrative procedure initiated on the basis of an appeal is subject to termination if:
1) there is a decision of an administrative body, an official in an administrative case against a participant in an administrative procedure on the same subject and on the same grounds as indicated in the appeal;
2) there is a judicial act that has entered into legal force, issued against the same person, on the same subject and on the same grounds;
3) the administrative body, the official returned the appeal;
4) the administrative body, the official accepted the withdrawal of the application from the applicant;
5) there are other grounds provided for by the laws of the Republic of Kazakhstan.
An administrative body or an official may terminate an administrative procedure initiated on its own initiative if the implementation of the administrative procedure has ceased to be necessary due to a change in the circumstances that served as the basis for its initiation, or on other grounds provided for by the laws of the Republic of Kazakhstan.
The administrative procedure is terminated by a decision of an administrative body, an official, which is notified to the participant of the administrative procedure within three working days from the date of the decision.
A complaint may be filed against the decision to terminate the administrative procedure in accordance with the procedure established by the APPC.
The applicant has the right to file a second appeal on an issue already considered in accordance with the procedure established by the APPC, if there are new arguments or newly discovered circumstances.
Based on the results of consideration of an administrative case, an administrative body, an official shall make one of the following decisions:
At the end of the consideration of the administrative case, a decision is made in writing, which is sent to the participant of the administrative procedure.