table of contents
This Law regulates public relations related to the submission and consideration of appeals of individuals and legal entities in order to implement 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 petition of a person for assistance in the realization of his rights and freedoms or the rights and freedoms of other persons, or a report on violations of laws and other regulatory legal acts, shortcomings in the work of subjects considering appeals, officials, or criticism of their activities;
1-1) videoconferencing is a communication service using information and communication technologies for interactive interaction of several remote subscribers in real time with the possibility of exchanging audio and video information;
1-2) video message – an individual or collective proposal, statement, complaint, request or response sent to the subject considering the appeal, or to an official in a video format, carried out by the State Corporation "Government for Citizens";
2) anonymous appeal - an appeal for which it is impossible to establish authorship, there is no signature, including an electronic digital signature, the postal address of the applicant;
3) repeated appeal - an appeal received from the same person on the same issue at least twice, in which:
the decision made on the previous appeal is being appealed;
it is reported about the untimely consideration of a previously sent appeal, if the deadline for consideration has expired since its receipt, but the applicant has not received a response.;
other shortcomings made during the consideration and resolution of the previous appeal are indicated.;
3-1) online reception – an action of a subject, an official to accept the appeal of individuals and (or) legal entities via videoconference, carried out by the State Corporation "Government for Citizens";
4) appeal - an individual or collective written, oral or in the form of an electronic document, videoconference, video message, proposal, statement, complaint, request or response sent to the subject considering the appeal or to an official;
5) subjects considering appeals (hereinafter referred to as subjects) - 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 terms of the state order and (or) public procurement, which have the right to consider and make decisions on the appeals of individuals and legal entities in accordance with their competence, as well as large business entities on the appeals of individuals and legal entities with whom a contract has been concluded for the supply (performance, provision) of goods (works, services) to them;
6) registration of the appeal - recording of information on the reception and consideration of the appeal and their reflection in the state legal statistical reporting;
7) acceptance of the appeal - the action of the subject, the official to accept the appeal of individuals and (or) legal entities;
8) consideration of the appeal - the adoption by the subject, the official within his competence on the registered appeal of the decision in accordance with the legislation of the Republic of Kazakhstan;
9) registration of the appeal - fixing in the accounting information document brief data on the content of the appeal and assigning a registration number to each received appeal;
10) request - a request of a person to provide information on personal or public issues of interest;
11) a proposal is a recommendation of a person to improve laws and other regulatory legal acts, the activities of state bodies, the development of public relations, the improvement of socio-economic and other spheres of activity of the state and society;
12) response - expression by a person of his attitude to the internal and foreign policy pursued by the state, as well as to events and phenomena of a public nature;
13) complaint - a person's demand for the restoration or protection of violated rights, freedoms or legitimate interests of him or other persons, for the elimination of illegal actions or inaction 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 terms of the state order and (or) public procurement, subjects of large entrepreneurship on the appeals of individuals and legal entities with whom a contract has been concluded for the supply (performance, provision) of goods (works, services) to them, their officials, as well as the cancellation of their illegal decisions.
Footnote. 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 consideration of 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 regulatory 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 rules of the international treaty shall apply.
Article 3. Scope of this Law
1. This Law applies to individuals and legal entities who have submitted applications, to subjects and officials considering applications.
2. The effect 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 legislation of the Republic of Kazakhstan.
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 effect of this Law, with the exception of paragraph 2 of Article 7, subparagraph 12) of Article 15 and Article 16, does not apply to public relations related to appeals of individuals and legal entities containing only requests for information received or created by entities regulated by the Law of the Republic of Kazakhstan "On Access to Information".
2-3. The procedure for consideration of 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 consideration of 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 national management holdings, with the exception of the National Welfare Fund, national holdings, national companies and organizations, fifty or more percent of voting shares (participation shares in the authorized capital) of which directly or indirectly belong to the national management holding, with the exception of the National Welfare Fund, national holding, national the company 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 terms of the state order and (or) public procurement, consider applications for the provision of these goods (works, services) in accordance with this Law, unless otherwise provided by the laws of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan 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); from 30.11.2016 No. 26-VI (effective from 01.07.2017); from 26.12.2018 No. 202-VI (effective from 01.01.2020).
Article 4. Principles of this Law
The main principles of regulation of legal relations related to the consideration of appeals of individuals and legal entities are:
1) legality;
2) unity of requirements for appeals;
3) guarantees of observance of the rights, freedoms and legitimate interests of individuals and legal entities;
4) inadmissibility of manifestations of bureaucracy and red tape when considering appeals;
5) equality of individuals and legal entities;
6) transparency of the activities of subjects and officials when considering appeals.
Article 5. Appeals not subject to consideration
1. Not subject to review:
1) anonymous appeal, except in cases when such appeal contains information about upcoming or committed criminal offenses or about a threat to state or public security and which is subject to immediate redirection to state bodies in accordance with their competence;
2) an appeal that does not state the essence of the issue.
2. If the conditions that served as the basis for leaving the appeal without consideration were subsequently eliminated, the subject or official is obliged to consider the said appeal.
Footnote. 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 written communication, video communication and videoconferencing