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THE LAW OF THE REPUBLIC OF KAZAKHSTAN on the procedure for considering appeals of individuals and legal entities

TABLE OF CONTENTS

Article 1 . The basic concepts used in this Law
Article 2 . Legislation of the Republic of Kazakhstan on the procedure for considering appeals of individuals and legal entities
Article 3 . Scope of this Law
Article 4 . Principles of this Law
Article 5 . Appeals not subject to review
Article 6 . Requirements for the written application, video message and video conferencing
Article 7 . Reception, registration and accounting of appeals of individuals and legal entities
Article 8 . Terms of consideration of the appeal
Article 9 . Consideration of appeals of individuals and legal entities
Article 10 . Responses to appeals
Article 11. Termination of consideration of applications
Article 12 . Appeal against decisions taken on the basis of consideration of appeals
Article 13 . Personal acceptance of individuals and representatives of legal entities
Article 14 . The rights of individuals and legal entities when considering an appeal
Article 15 . Rights and obligations of subjects and officials
Article 16 . Paperwork on appeals of individuals and legal entities
Article 17 . Responsibility for violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals of individuals and legal entities
Article 18 . The procedure for the enactment of this Law

 

This Law regulates social relations related to the filing 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 to assist in the implementation of his rights and freedoms or the rights and freedoms of other persons or a report on violation of laws and other regulatory legal acts, shortcomings in the work of entities considering applications, officials, or criticism of their activities;
      1-1) video conferencing is a communication service using information and communication technologies for interaction of several remote subscribers in real time with the ability to exchange audio and video information;
      1-2) video message - an individual or collective offer, statement, complaint, request or response in a video format, sent by the "Government for Citizens" State Corporation to the entity considering the appeal or to the official;
      2) anonymous appeal - an appeal on which it is impossible to establish authorship, there is no signature, including an electronic digital signature, the applicant's mailing address;

      3) repeated appeal - an appeal received from the same person on the same issue at least two times, in which:
      the decision taken on the previous appeal is appealed;
      it is reported about the untimely consideration of a previously directed appeal, if the deadline for consideration has expired since the time it was received, but the applicant has not received a response
      points out other shortcomings made in the consideration and resolution of the previous appeal;
      3-1) online acceptance is an action of a subject, official on accepting applications of individuals and (or) legal entities via video conferencing, carried out by the "Government for Citizens" State Corporation;
      4) appeal - an individual or collective written, oral, or in the form of an electronic document, video conferencing, video message, suggestion, statement, complaint, request or response sent to the entity reviewing the appeal or to the official;
      5) subjects considering applications, (hereinafter referred to as subjects) - state institutes, local self-government institutes, legal entities with 100% state participation or providing goods (works, services) in accordance with the conditions of the state order and (or) government procurement, which are entitled to and make decisions on appeals of individuals and legal entities in accordance with their competence, as well as large business entities on appeals of individuals and legal entities with whom a contract was made for delivery (performance, rendering) of the commodities (works, services);

      6) treatment of the application - recording information on the reception and consideration of the application and their reflection in the state legal statistical reporting;

      7) acceptance of an appeal - an action of a subject, official on accepting an appeal of individuals and (or) legal entities;

      8) consideration of the application - the adoption by the subject, official within the limits of his competence on the registered application of the decision in accordance with the legislation of the Republic of Kazakhstan;

      9) registration of the application - recording in the accounting information document short data on the content of the application and assigning a registration number to each received application;

      10) request - a request of a person to provide information on matters of interest of a personal or public nature;

      11) proposal - the recommendation of a person to improve the laws and other regulatory legal acts, the activities of state institutes, the development of public relations, the improvement of socio-economic and other spheres of activity of the state and society;

      12) response - the expression by the person of his attitude to the domestic and foreign policy pursued by the state, as well as to events and phenomena of a public nature;

      13) complaint - a person’s request to restore or protect the violated rights, freedoms or legitimate interests of his or other persons, to eliminate unlawful actions or omissions of state institutes, local self-government institutes, legal entities with one hundred percent state participation or providing goods (work, services) in in accordance with the terms of the state order and (or) government procurement, large business entities on the appeals of individuals and legal entities with whom the contract was made for the supply (performance, provision) of goods (works, services), their officials, as well as the abolition of their illegal decisions.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 24.11.2015 number 419 V-  ( entered  into force on 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 considering 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 other rules than those established by this Law, the rules of the international treaty shall apply.

 

Article 3. The scope of this Law

      1. The action of this Law applies to individuals and legal entities that have submitted appeals, to entities and officials considering appeals.

      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 offensescriminal procedurecivil procedural legislation of the Republic of Kazakhstan.
      2-1. Terms of consideration of complaints on the provision of public services are established by the  Law of the Republic of Kazakhstan "On State 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 subjects 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 features established by the  legislation of the Republic of Kazakhstan on public procurement.
      3. Legal entities that provide goods (works, services) in accordance with the conditions of the state order and (or) government procurement, consider appeals 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 Law of the Republic of Kazakhstan dated 04.15.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 16.11.2015 No. 404-V (shall be entered into force upon the expiry of ten calendar days after the day of its first official publication); dated 12/04/2015  No. 435-V  ( entered  into force on 01/01/2016).

 

Article 4. Principles of this Law

      The basic principles of regulation of legal relations related to the consideration of appeals of individuals and legal entities are:
      1) legality;
      2) the unity of the requirements for appeals;
      3) guarantees of respect for the rights, freedoms and legitimate interests of individuals and legal entities;
      4) the inadmissibility of bureaucracy and cumbersome procedures when considering appeals;
      5) equality of individuals and legal entities;
      6) the transparency of the activities of entities and officials when considering appeals.

 

Article 5. Appeals not subject to consideration

      1. Not to be considered:
      1) anonymous treatment, except in cases where such a request contains information about criminal offenses in preparation or committed, or about a threat to state or public security and which is subject to immediate redirection to state institutes in accordance with their competence;
      2) appeal, which does not set out 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 stated appeal.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014  No. 227-V  (shall be enforced from 01.01.2015).

 

Article 6. Requirements for Written Appeal, Video Appeal and Video Conferencing

      Footnote. Title article 6 in the wording of the Law of 24.11.2015 number 419 V-  ( entered  into force on 01.01.2016).

      1. Appeal should be addressed to the subject or official, whose competence includes the resolution of the issues raised in the appeal.
      2. In the address of an individual, his surname, name, and also if desired, patronymic, individual identification number (if any), postal address, legal entity - his name, postal address, business identification number. The appeal 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 appealed, the motives and requirements are indicated.
      3. An applicant who has directly applied in writing or via a video message to the subject is issued a ticket indicating the date and time, the name and initials of the person who received the appeal.
      4. The procedure for applying through video conferencing or video messages of individuals and legal entities to the heads of state institutes and their deputies  is determined by the authorized institute in the field of informatization.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014  No. 269-V  (shall be enforced from 01.01.2015); from 24.11.2015 number 419 V-  ( entered  into force on 01.01.2016).

 

Article 7. Reception, registration and accounting of appeals of individuals and legal entities

      1. Appeals submitted in accordance with the procedure established by this Law are subject to compulsory admission, registration, registration and consideration.
      Refusal to accept an appeal is prohibited.

      2. Accounting of appeals of individuals and legal entities entering the state institutes, local governments, legal entities with one hundred percent state participation is carried out in the manner  established by the  state institute that carries out statistical activities within the scope of its competence in the field of legal statistics and special accounts.
      Appeals of individuals and legal entities received on the provision of public services, with the exception of appeals provided for by sub-clause 3) clause 1 of Article 4 of the Law of the Republic of Kazakhstan "On public services", are not subject to accounting.

      3. Personal responsibility for the organization of work with applications of individuals and legal entities, the state of admission, registration and accounting are the heads of subjects and officials.

      4. Appeal may be made through a representative of a natural or legal person. Registration of representation is carried out in accordance with the  civil legislation of the Republic of Kazakhstan.

      5. Appeals of individuals and legal entities received via publicly available information systems and complying with the requirements of the  legislation of the Republic of Kazakhstan on electronic document and electronic digital signature are subject to consideration in the manner 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 no later than three working days from the date of its receipt to the subject or official shall be sent to the relevant subjects informing the applicant.
      The requirement of this clause does not apply to large business entities.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.15.2013 No. 89-V (shall be entered into force upon the expiry of thirty calendar days after its first official publication); Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 8. Terms of consideration of the appeal

      1. The appeal of a natural and (or) legal entity for consideration of which does not require receipt of information from other entities, officials, or on-site inspection is considered within fifteen calendar days from the date of receipt to the entity, official.

      2. The appeal of an individual and (or) a legal entity, for consideration of which information is required from other entities, officials, or checked on-site, is considered and decided upon within thirty calendar days from the date it was received by the entity, official.
      In cases when it is necessary to conduct additional examination or verification, the review period is extended by no more than thirty calendar days, which is communicated to the applicant within three calendar days from the date on which the review period is extended.

      3. The term of consideration of the appeal is extended by the head of the subject or his deputy.

      4. If the solution of the issues outlined in the appeal requires a long time, the appeal is put on additional control up to its final execution, which is communicated to the applicant within three calendar days from the date of the decision.

      5. 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 (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 9. Consideration of appeals of individuals and legal entities

      1. Subjects and officials within their competence:
      1) provide an 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 the consideration of their appeals and the measures taken;
      4) notify applicants of the direction of their applications for consideration by other entities or officials in accordance with their competence.

      2. Acts, documents and other materials relevant to the consideration of appeals, except for those containing state secrets or other secrets protected by law, shall be submitted within fifteen calendar days from the date of receipt of the appeal to entities or officials who directly consider appeals.
      Appeals on infringement of the rights, freedoms and legitimate interests of individuals and legal entities, on numerous or gross violations of the law can be checked on-site on behalf of the head of the subject.

      3. According to the results of consideration of appeals, one of the following decisions is taken:
      1) full or partial satisfaction of the appeal;
      2) the refusal to satisfy the appeal with the justification for making such a decision;
      3) on giving clarification on the merits of the appeal;
      4) to terminate the consideration of the appeal.

      4. When multiple applications are received on the same issue in the interests of the same person, the first application is registered as the main application, and the subsequent ones are attached to the main application and are treated as one application notifying the applicants of the results of their resolution within the established time limit from the date of receipt of the first appeal.
      Footnote. Article 9 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 10. Responses to appeals

      1. Responses to appeals should be substantively substantiated and motivated in the state language or the language of appeals with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, explaining their right to appeal the decision.

      2. In the absence of any recommendations, requirements, petitions, requests, applications are taken into consideration and are written off to the case by the head of the subject or his deputy.

 

Section 11. Termination of Consideration of Appeals

      1. Consideration of appeals is terminated if new arguments are not presented in repeated appeals or newly discovered circumstances, and the materials of the previous appeal contain exhaustive materials of inspections and the applicants were given answers in the prescribed manner.

      2. The decision to terminate the 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 (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 12. Appeal against decisions taken on the basis of consideration of appeals

      A complaint about actions (inaction) of officials, as well as decisions of a subject is submitted to a higher official or subject in the order of subordination not later than three months from the moment when an individual or legal entity became aware of the action or decision made by the relevant subject or official. The deadline for appeal is not the basis 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 can be one of the grounds for refusing to satisfy the complaint.
      In the absence of a higher official or subject or the applicant’s disagreement with the decision taken, the application is submitted directly to the court.
      The procedure for filing and consideration of complaints against actions (inaction) of officials, as well as acts (decisions) of state institutes is established by the  Law of the Republic of Kazakhstan “On Administrative Procedures”.
      Footnote. Article 12 amended Law dated 29.10.2015 number 376 V-  ( entered into force on 01.01.2016).

 

Article 13. Personal Reception of Individuals and Representatives of Legal Entities

      1. Heads of state institutes, local self-government institutes and their deputies are obliged to hold a personal reception of citizens and representatives of legal entities, including employees of these institutes, at least once a month in accordance with the reception schedule approved by the head of the relevant state institute.

      2. Reception should be held at the place of work on the days and hours established and communicated to individuals and legal entities.

      3. If an appeal cannot be authorized by an official during the reception, it is stated in writing and it is treated as with a written appeal.

 

Article 14. The rights of individuals and legal entities when considering a petition

      The individual or legal entity that submitted the appeal has the right to:
      1) submit additional documents and materials in support of their appeal or request their reclamation;
      2) state the 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 it does not violate the rights and freedoms of other persons;
      4) receive a reasoned response in writing or verbally about the decision;
      5) to claim damages if they were the result of violations of the established procedure for handling appeals;
      6) to appeal against the actions (inaction) of officials or the decision taken on the appeal;
      7) to apply for termination of consideration of the application, except for the cases provided for by the  Tax Code of the Republic of Kazakhstan.
      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 21.07.2011  No. 467-IV  (shall be enforced from 01.01.2012).

 

Article 15. Rights and obligations of subjects and officials

      1. Subjects, officials have the right to:
      1) request and receive, in accordance with the established procedure, information necessary for the consideration of appeals;
      2) to apply to the court for the recovery of expenses incurred in connection with the verification of appeals containing deliberately false information.

      2. Subjects and officials are obliged:
      1) to accept and consider appeals of individuals and legal entities in the manner and terms established by this Law;
      2) make legal and informed decisions;
      3) to ensure control over the execution of decisions taken;
      4) inform individuals and legal entities about the decisions taken in writing or in the form of an electronic document;
      5) to stop the prosecution of individuals, including those acting in the interests of a legal entity, of their family members in connection with the filing of an appeal to entities and officials criticizing their activities or in order to protect their rights, freedoms and legitimate interests;
      6) not to send a complaint to the officials, whose actions (inaction) are being appealed;
      7) to exclude cases of placing checks on persons in respect of whom there are grounds to believe that they are not interested in an objective resolution of the issue;
      8) not to allow the treatment of individuals and legal entities to the detriment of the person who submitted 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 identification of an individual’s identity that is not relevant to treatment;
      10) to analyze and summarize the appeals of individuals and legal entities, the critical comments contained in them, to study public opinion in order to improve work and eliminate the causes of complaints of individuals and legal entities;
      11) systematically check the status of work on the consideration of appeals of individuals and legal entities;
      12) to provide state legal statistical information on the number of received, reviewed applications and the results of their consideration in terms and volumes  established by the state institute carrying out statistical activities in the field of legal statistics and special accounts within its competence. The requirement of this subclause 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 (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 16. Clerical work on appeals of individuals and legal entities

      Office work on appeals of individuals and office work on appeals of legal entities in state institutes, local governments, legal entities with one hundred percent state participation or providing goods (works, services) in accordance with the conditions of the state order and (or) government procurement are conducted separately from other types office in the manner prescribed  by the legislation of the Republic of Kazakhstan, in the subjects of major entrepreneurship in accordance with the internal regulations records management.
      Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 17. Responsibility for violation of the legislation of the Republic of Kazakhstan
on the procedure for considering
appeals of individuals and legal entities

      Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals of individuals and legal entities leads to liability in  accordance with the  laws of the Republic of Kazakhstan.

 

Article 18. The procedure for the enactment of this Law

      1. This Law enters into force from the date of its official publication.

      2. To recognize invalid the Decree of the President of the Republic of Kazakhstan, having the force of law, dated June 19, 1995 N 2340 "On the procedure for consideration of citizens' appeals" (Statement of the Supreme Council of the Republic of Kazakhstan, 1995, N 9-10, Art. 71).

President of the Republic of Kazakhstan


Date of publication: 04.07.2016 12:40

Recent changes page: 21.11.2018 10:22

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