When there is an administrative code contravention recorded, the corresponding information data are entered into the Single administrative proceedings register (SAPR). These are the following:
Furthermore, the offender is brought with an administrative penalty charge notice that has to be paid.
There are cases when the citizens can get administrative penalty charge notice by mistake (for example, traffic contravention occurred through no fault of car driver) so the citizens will be able to appeal online.
In this article, we will cover how to appeal a penalty charge notice in such circumstance?
An appeal on penalty charge notice or administrative minutes shall be submitted to the body that drafted the minutes.
A complaint against the decision in the case of an administrative offense is filed within 10 days from the date of delivery of a copy of the decision, and if the person did not participate in the consideration of the case – from the date of receipt of the decision.
An appeal or notice of appeal on the order to pay a fine may be filed within ten days after expiration of the deadline envisaged in article 817 Code of Administrative Offenses.
If an administrative offense is recorded by certified special instrumentation technical means and devices operating in automatic mode, the case is resolved upon expiration of 15 days from the date of due delivery of the penalty charge notice with the exception of cases evaluated in substance in the procedure followed in a summary proceeding of the Code.
If the penalty charge notice has been drawn by mistake, then the person will be able to appeal it through the portal qamqor.gov.kz.
The one could study the case materials on the portal. Also, the one can see the orders on the contravention grounded by photo video recording and case files attached, which are available for downloading.
On the main page of Qamqor.gov.kz it is required to choose the service "Appeal of administrative contraventions" click on the button Submission of appeals on administrative cases and pass authorization through EDS. Furthermore, the administrative case search window will open.
On the given stage it is required to enter the case no. and press the search button. And if the case no. entered in the window popped-up is incorrect, an error message will light up. But if all the entered is correct the case found will be displayed with a button "Submit an appeal".
When clicking this button, you need to fill in the details enquired. The essence of the appeal is filled in and supporting proof is attached. At the end, the appeal must be signed with an electronic digital signature and send for review.
The functionality provides to set out the essence of the enquiry and attach the administrative case supporting materials.
Only administrative process participants can submit an appeal with an electronic digital signature (EDS). That is, the one cannot do it on behalf of his relative, friend etc. Once the appeal is retained, it is received in the information system "Single Administrative Proceedings Register” (SAPR) by an official of the public body.
The decision results will be in the personal account of the administrative proceedings public sector.