Content
This law regulates public relations related to the submission and consideration of Appeals of individuals and legal entities in order to exercise and protect their rights, freedoms and legitimate interests.
Article 1. Basic concepts used in this law
The following basic concepts are used in this law:
1) application - a request of a person to provide assistance in the exercise of their rights and freedoms or the rights and freedoms of other persons, or a notification of violations of laws and other regulatory legal acts, shortcomings in the work of subjects, officials considering appeals, or a test of their activities;
1-1) videoconferencing – a communication service using information and communication technologies designed for interactive interaction of several remote subscribers with the ability to exchange audio and video information in real time;
1-2) video application – an individual or collective proposal, application, complaint, request or response in a video format, carried out by the state corporation "government – for citizens", sent to the subject or official considering the application;
2) an application disguised as an owner - an application that does not have a signature, including an electronic digital signature, postal address of the applicant, on which the author cannot be identified;
3) revised application - received from the same person on the same issue at least twice:
the decision taken on the previous application was appealed;
if the previously submitted application has expired from the time of receipt, but the applicant has not received a response, it is reported that it was not considered in a timely manner;
an application indicating other shortcomings made during the consideration of the previous application and making a decision on it;
3-1) online reception-an action of a subject, official to receive appeals of individuals and (or) legal entities via videoconference, carried out by the state corporation" government – for citizens";
4) application - an offer, application, complaint, request or response in the form of an individual or collective written, oral or electronic document, video conferencing, video message sent to the subject or official considering the application;
5)subjects considering applications (hereinafter referred to as subjects) - state bodies, local self-government bodies, legal entities that have the right to consider and make decisions on requests from individuals and legal entities in accordance with their competence, providing goods (works, services) with a state participation of one hundred percent or in accordance with the state order and (or) public procurement contracts, as well as large business entities that have concluded contracts for the supply (performance, provision) of goods (works, services) to them at the request of individuals and legal entities;
6) accounting of an application-registration of information on acceptance and consideration of an application and their reflection in the state legal statistical reporting;
7) acceptance of an application - actions of a subject, official to accept applications from individuals and legal entities;
8) consideration of an application - making a decision by a subject or official on a registered application within the limits of its competence in accordance with the legislation of the Republic of Kazakhstan;
9) registration of the application-registration of Brief data on the content of the application in the information accounting document and assignment of a registration number to each received application;
10) request - a person's request to provide information on issues of personal or public interest;
11) recommendation - a person's recommendation to improve laws and other regulatory legal acts, the activities of state bodies, the development of public relations, and the spheres of socio-economic and other activities of the state and society;
12) response - expression of a person's attitude to the domestic and foreign policy pursued by the state, as well as to events and phenomena of a public nature;
13) complaint – on the restoration or protection of violated rights, freedoms or legitimate interests of a person himself or other persons, large business entities at the request of state bodies, local self-government bodies, legal entities with one hundred percent participation of the state or providing goods (works, services) in accordance with the state order and (or) public procurement contracts, individuals and legal entities, the requirement to eliminate the illegal actions or inaction of their officials, as well as to cancel their illegal decisions.
Warning. Article 1 as amended by the laws of the Republic of Kazakhstan dated 10.02.2011 No. 406 - IV (effective after ten calendar days after its first official publication); dated 24.11.2015 No. 419-V (effective from 01.01.2016).
Article 2. Legislation of the Republic of Kazakhstan on the procedure for considering appeals of individuals and legal entities
1.the legislation of the Republic of Kazakhstan on the procedure for consideration of Appeals of individuals and legal entities is based on the Constitution of the Republic of Kazakhstan, consists of this law and other normative legal acts of the Republic of Kazakhstan.
2.if an international treaty ratified by the Republic of Kazakhstan establishes rules other than those established by this law, the provisions of the international treaty shall apply.
Article 3. Scope of this law
1.the force of this law applies to individuals and legal entities that have submitted applications, subjects and officials considering applications.
2.The Force of this law does not apply to appeals of individuals and legal entities, the procedure for consideration of which is established by the legislation of the Republic of Kazakhstan on administrative offenses, criminal procedure, Civil Procedure.
2-1.the terms of consideration of complaints on the provision of public services are established by the law of the Republic of Kazakhstan "on public services".
2-2.the force of this law does not apply to public relations related to appeals of individuals and legal entities, including only requests for the provision of information received or made by subjects, regulated by the law of the Republic of Kazakhstan "on access to information", with the exception of Paragraph 2 of Article 7, subparagraph 12) of Article 15 and Article 16.
2-3.the procedure for considering complaints in the field of Public Procurement is carried out in accordance with this law, taking into account the specifics established by the legislation of the Republic of Kazakhstan on public procurement.
2-4.the procedure for considering complaints on Taxation and customs regulation is carried out in accordance with this law, taking into account the specifics established by the tax and customs legislation of the Republic of Kazakhstan.
2-5.consideration of complaints in the field of procurement of goods, works, services by organizations directly or indirectly owned by the national managing holding, national holding, national companies and Voting Shares (Shares of participation in the authorized capital), fifty or more percent, with the exception of the National Welfare Fund, is carried out in accordance with this law, taking into account the specifics established by the legislation of the Republic of Kazakhstan on state property.
3.legal entities providing goods (works, services) in accordance with the state order and (or) public procurement contracts shall consider applications on the provision of these goods (works, services) in accordance with this law, unless otherwise provided by the laws of the Republic of Kazakhstan.
Warning. Article 3 as amended-RK dated 15.04.2013 No. 89 - V (effective after thirty calendar days after its first official publication); dated 16.11.2015 No. 404-V (effective after ten calendar days after the date of its first official publication); dated 04.12.2015 No. 435-V (effective from 01.01.2016); dated 30.11.2016 No. 26-VI (effective after effective from 01.07.2017); by the laws of 26.12.2018 No. 202-VI (effective from 01.01.2020).
Article 4. Principles of this law
Basic principles of regulation of legal relations related to the consideration of Appeals of individuals and legal entities:
1) legality;
2) uniformity of requirements for applications;
3) guarantees of compliance with the rights, freedoms and legitimate interests of individuals and legal entities;
4) inadmissibility of manifestations of arbitrariness and interference in the consideration of Appeals;
5) equality of individuals and legal entities;
6) transparency of the activities of subjects and officials when considering applications.
Article 5. Applications not subject to review
1. the following are not subject to review:
1) a disguised application by the owner, except in cases where such an application contains information about a criminal offense being prepared or committed, or about a threat to state or public safety and must be immediately sent to them in accordance with the competence of state bodies;
2) an application that does not state the essence of the issue.
2.if the circumstances that served as the basis for leaving the application without consideration are subsequently eliminated, the subject or official is obliged to review the said application.
Warning. Article 5 as amended by the law of the Republic of Kazakhstan dated 03.07.2014 No. 227 - V (effective from 01.01.2015).
Article 6. Requirements for a written application, video application and video conferencing
Warning. The title of Article 6 as amended by the law of the Republic of Kazakhstan dated 24.11.2015 No. 419 - V (effective from 01.01.2016).