The following basic concepts are used in this Law:
1) application - a person's request for assistance in the implementation of their 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 – 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, application, complaint, request or response in video format sent to the subject considering the appeal or to an official, 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 that a previously sent request is not considered in time if the established period for consideration has expired since its receipt, but the applicant has not received a response;
indicates other shortcomings made during the consideration and resolution of the previous appeal;
3-1) online reception – an action of a subject or official to accept an appeal from individuals and (or) legal entities via video conferencing, 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, video conference, video message, proposal, application, complaint, request or response sent to the subject considering the appeal or to an official;
5) subjects that consider appeals (hereinafter referred to as subjects) - state bodies, bodies of local self-government, legal persons with one hundred percent state participation or providing goods (works, services) in accordance with the terms of the state order and (or) state purchase which are authorized to consider and make decisions on appeals of individuals and legal entities in accordance with their competence, as well as large businesses on the appeals of individuals and legal entities with which the contract on supply (execution, rendering) of goods (works, services);
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 an appeal - the action of a subject or official to accept an appeal from individuals and (or) legal entities;
8) consideration of the application - acceptance by the subject, official within its competence on the registered application of a decision in accordance with the legislation of the Republic of Kazakhstan;
9) registration of a request - recording in the accounting information document brief data on the content of the request and assigning a registration number to each received request;
10) request - a request from a person to provide information on personal or public issues of interest;
11) proposal-recommendation of a person on improvement of laws and other normative legal acts, activities of state bodies, development of public relations, improvement of socio-economic and other spheres of activity of the state and society;
12) response - the expression of a person's attitude to the state's domestic and foreign policy, as well as to events and phenomena of a public nature;
13) complaint - a person's claim to restore or protect the violated rights, freedoms or legitimate interests of his or her or other persons, to eliminate illegal actions or omissions of state bodies, local self-government bodies, legal entities with 100% state participation or providing goods (works, services) in accordance with the terms of a state order and (or) public procurement, large business entities on the appeals of individuals and legal entities with whom a contract for the supply (performance, provision) of goods (works, services), their officials has been concluded, as well as the cancellation of their illegal decisions.
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan from 10.02.2011 No. 406-IV (effective ten calendar days after its first official publication); from 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 Kazakhstan about order of consideration of physical and legal entities is based on the Constitution of the Republic of Kazakhstan and 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 who consider applications.
2. 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 concerning the provision of public services are established by the Law of the Republic of Kazakhstan "on public services".
2-2. 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.
3. Legal entities that provide 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); 16.11.2015 No. 404-V (effective after ten calendar days after the date of its first official publication); 04.12.2015 No. 435-V (effective from 01.01.2016); 30.11.2016 No. 26-VI (effective from 01.07.2017).
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 requests;
3) guarantees of respect for the rights, freedoms and legitimate interests of individuals and legal entities;
4) the inadmissibility of red tape and red tape when considering applications;
5) equality of individuals and legal entities;
6) transparency of the activities of subjects and officials when considering appeals.
1. Not subject to review:
1) anonymous appeal, except for cases when such appeal contains information about criminal offenses that are being prepared or committed, 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 must consider the specified 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).
Footnote. 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).
1. the Appeal must be addressed to the subject or official responsible for resolving the issues raised in the appeal.
2. in the request of an individual, his / her last name, first name, as well as, if desired, patronymic, individual identification number, postal address, legal entity – its name, postal address, business identification number. The request must be signed by an individual or a representative of a legal entity.
When filing a complaint, the name of the subject or position, the names and initials of the officials whose actions are being appealed, the reasons for the appeal and the requirements are indicated.
3. the Applicant who directly addressed in writing or via video message to the subject is issued a ticket indicating the date and time, surname and initials of the person who accepted the request.
4. the Procedure for contacting the heads of state bodies and their deputies via video conferencing or video messages of individuals and legal entities is determined by the authorized body in the field of Informatization.
Footnote. Article 6 as amended by the laws of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (effective from 01.01.2015); 24.11.2015 No. 419-V (effective from 01.01.2016); 16.05.2018 No. 155-VI (effective ten calendar days after the date of its first official publication).
1. Appeals submitted in accordance with the procedure established by this Law are subject to mandatory acceptance, registration, accounting and consideration.
Refusal to accept the request is prohibited.
2. Consideration of appeals of physical and legal persons entering the state bodies, local self-government bodies, legal entities with absolute participation of the state is exercised in the manner prescribed by the state body responsible within its competence statistical activity in the field of legal statistics and special accounts.
Appeals of individuals and legal entities received on the provision of public services are not subject to accounting, with the exception of appeals provided for in subparagraph 3) of paragraph 1 of article 4 of the Law of the Republic of Kazakhstan "on public services".
3. personal responsibility for the organization of work with appeals of individuals and legal entities, the state of reception, registration and accounting is borne by the heads of subjects and officials.
4. An appeal may be filed through the representative of the physical person or legal entity. Registration of a representative office is carried out in accordance with the procedure established by the civil legislation of the Republic of Kazakhstan.
5. Appeals of individuals and legal entities received through publicly available information systems and meeting the requirements of the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature are subject to consideration in accordance with the procedure established by this Law.
6. an Appeal received by a subject or official whose competence does not include the resolution of the issues raised in the appeal, within three working days from the date of its receipt to the subject or official, is sent to the relevant subjects with a notification to the applicant.
The requirement of this paragraph does not apply to large business entities.
Footnote. Article 7 as amended by the laws of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (effective ten calendar days after its first official publication); 15.04.2013 No. 89-V (effective thirty calendar days after its first official publication); Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (effective ten calendar days after its first official publication).
1. an application Of an individual and (or) legal entity that does not require receiving information from other entities or officials or checking with a field visit is considered within fifteen calendar days from the date of receipt to the entity or official.
2. the Appeal of an individual and (or) legal entity, which requires receiving information from other subjects, officials or checking with a field trip, is considered and a decision is made on it within thirty calendar days from the date of receipt to the subject, official.
In cases where it is necessary to conduct additional examination or verification, the review period is extended for no more than thirty calendar days, which is reported to the applicant within three calendar days from the date of extension of the review period.
3. The term of consideration of the application is extended by the head of the subject or his Deputy.
4. If the resolution of the issues set out in the appeal requires a long period of time, the appeal is put under additional control until its final execution, which is reported to the applicant within three calendar days from the date of the decision.
5. the Laws of the Republic of Kazakhstan may establish other terms for consideration of applications.
Footnote. Article 8 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (effective ten calendar days after its first official publication).
Subjects and officials within their competence:
1) provide objective, comprehensive and timely consideration of appeals of individuals and legal entities, if necessary - with their participation;
2) take measures aimed at restoring the violated rights and freedoms of individuals and legal entities;
3) inform applicants about the results of consideration of their applications and the measures taken;
4) notify applicants about sending their applications for consideration to other subjects or officials in accordance with their competence.
2. Acts, documents and other materials that are relevant for the consideration of appeals, except for those that contain state secrets or other secrets protected by law, are submitted within fifteen calendar days from the date of receipt of the appeal to the subjects or officials who directly consider the appeals.
Appeals about infringement of the rights, freedoms and legitimate interests of individuals and legal entities, about numerous or gross violations of the law can be checked on site on behalf of the head of the subject.
3. based on the results of consideration of applications, one of the following decisions is made:
1) full or partial satisfaction of the request;
2) refusal to satisfy the request with the justification for making such a decision;
3) on giving an explanation on the merits of the appeal;
4) on termination of consideration of the request.
4. When you receive multiple complaints on the same issue in the interests of one and the same person first address is registered as the primary case, and further attached to the main treatment and are treated as a single appeal with the notice of applicants on results of their permission within a prescribed period commencing from the date of receipt of first treatment.
Footnote. Article 9 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (effective ten calendar days after its first official publication)
1. Responses to requests must be justified and motivated in the state language or the language of the request with reference to the legislation of the Republic of Kazakhstan, contain specific facts that refute or confirm the applicant's arguments, with an explanation of their right to appeal the decision.
2.in the absence of any recommendations, requirements, petitions, requests, appeals are taken into account and written off in the case of the head of the subject or his Deputy.
1. Consideration of appeals will be terminated if repeated appeals not presented new arguments or newly discovered circumstances, and in the previous appeal there are comprehensive materials testing and applicants in due order of answers were given.
2. the decision to terminate consideration of appeals is made by the head of the subject or his Deputy.
Footnote. Article 11 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (effective ten calendar days after its first official publication).
Make complaints against actions (inaction) of officials and decisions of the subject is fed a higher official or entity in the chain of command no later than three months from the time when the person or entity became aware of the action or decision by the relevant entity or official. The missed time limit for appeal is not a reason for the subject or official to refuse to consider the complaint. The reasons for missing the deadline are clarified when considering the complaint on the merits and may be one of the grounds for refusing to satisfy the complaint.
In the absence of a higher official or subject, or the applicant disagrees with the decision, the application is submitted directly to the court.
The procedure for filing and considering complaints about actions (inaction) of officials, as well as acts (decisions) of state bodies is established by the Law of the Republic of Kazakhstan "on administrative procedures".
Footnote. Article 12 as amended By the law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (effective from 01.01.2016).
1. Heads of state bodies, local self-government bodies and their deputies are obliged to conduct a personal reception of citizens and representatives of legal entities, including employees of these bodies, at least once a month according to the reception schedule approved by the head of the relevant state body.
2. the Reception must be held at the place of work on the days and hours established and brought to the attention of individuals and legal entities.
3. If the request cannot be authorized by the official during the reception, it is stated in writing and it is treated as a written request.
The individual or legal entity who submitted the request has the right to:
1) submit additional documents and materials in support of their application or request their reclamation;
2) present arguments to the person considering the appeal;
3) get acquainted with the materials related to the consideration of his appeal, participate in the consideration of the appeal, if this does not violate the rights and freedoms of other persons;
4) receive a reasoned response in writing or orally about the decision;
5) claim damages if they were the result of violations of the established procedure for consideration of appeals;
6) appeal against the actions (inaction) of officials or the decision taken on the appeal;
7) apply for termination of consideration of the application, except for cases stipulated by the tax and customs legislation of the Republic of Kazakhstan.
Footnote. Article 14 as amended by the laws of the Republic of Kazakhstan from 21.07.2011 No. 467-IV (effective from 01.01.2012); from 30.11.2016 No. 26-VI (effective from 01.07.2017).
1. Subjects and officials have the right to:
1) request and receive in accordance with the established procedure the information necessary for consideration of appeals;
2) apply to the court for recovery of expenses incurred in connection with the verification of applications containing deliberately false information.
2. Subjects and officials must:
1) accept and consider appeals from individuals and legal entities in the manner and within the time limits established by this Law;
2) make legal and informed decisions;
3) ensure control over the implementation of decisions made;
4) inform individuals and legal entities about the decisions taken in writing or in the form of an electronic document;
5) prevent harassment of individuals, including those acting in the interests of a legal entity, and members of their families in connection with submitting appeals to subjects and officials criticizing their activities or in order to protect their rights, freedoms and legitimate interests;
6) not to send a complaint for consideration to officials whose actions (inaction) are being appealed;
7) exclude cases of imposing checks on persons in respect of whom there are grounds to believe that they are not interested in an objective solution of the issue;
8) prevent individuals and legal entities from applying to the detriment of the person who filed it or in whose interests it was filed;
9) not to disclose information about the personal life of individuals, including those acting in the interests of a legal entity, without their consent or information constituting state secrets or other secrets protected by law, not to allow the establishment of data about the identity of an individual that is not related to the application;
10) analyze and summarize appeals of individuals and legal entities, criticisms contained in them, study public opinion in order to improve the work and eliminate the causes that give rise to complaints of individuals and legal entities;
11) systematically check the status of work on consideration of appeals of individuals and legal entities;
12) provide state legal statistical information on the number of applications received and considered and the results of their consideration within the terms and volumes established by the state body that carries out statistical activities in the field of legal statistics and special accounting within its competence. The requirement of this sub-paragraph does not apply to large business entities.
Footnote. Article 15 as amended By the law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (effective ten calendar days after its first official publication).
The office work on appeals of physical persons and office work on appeals of legal entities in state bodies, bodies of local self-government, legal persons with one hundred percent state participation or providing goods (works, services) in accordance with the terms of the state order and (or) public procurement is done separately from other types of proceedings in the order established by the legislation of the Republic of Kazakhstan in the large businesses in accordance with internal regulations on records management.
Footnote. Article 16 as amended By the law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (effective ten calendar days after its first official publication).
1. This Law shall enter into force from the date of its official publication.
2. Recognize as invalid the decree Of the President of the Republic of Kazakhstan, which has the force of law, dated June 19, 1995 N 2340 "on the procedure for consideration of citizens' appeals "(Vedomosti of the Supreme Council of the Republic of Kazakhstan, 1995, N 9-10, article 71).
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President of Kazakhstan
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