Unofficial translation
This Law regulates public relations linked with filing and consideration of applications of individuals and legal entities for the purpose of realization and protection of their rights, freedoms and legal interests.
Article 1. Basic Definitions Used in this Law
The following basic definitions used in this Law:
1) an application – a petition of a person on cooperation in realization of his (her) rights and freedoms or rights and freedoms of other persons or a message on breach of the laws and other regulatory legal acts, deficiencies in work of subjects considering the appeals, officials, or a criticism of their activity;
The article is complemented with sub paragraphs 1-1 and 1-2 in accordance with the Law of the Republic of Kazakhstan dated 24.11.15 No. 419-V1-1) videoconferencing is a communication service using information and communication technologies for interactive communication of several remote subscribers on-line with the possibility of exchanging audio and video data;
1-2) video message is an individual or collective proposal, appeal, complaint, request or response in video format sent to the entity considering the appeal or to the official that carried out by the Government for Citizens State Corporation;
2) anonymous appeal is the appeal with impossibility to establish the authorship, without signature, including electronic signature, applicant's mail address;
3) re-appeal – the appeal that received from the same person on the same issue not less than twice, in which:
the decision taken on the previous request is appealed;
untimely consideration of previously directed appeal is specified, if the established term of consideration is expired from the date of its receipt, but the answer is not received by the applicant;
other deficiencies in the consideration and resolution of the previous appeal are specified.
The article is supplemented by subparagraph 3-1 in accordance with the Law of the Republic of Kazakhstan No. 419-V, dated 24.11.15.3-1) online reception is action of a subject, an official to accept the appeal of individuals and (or) legal entities through videoconferencing, that is carried out by the Government for Citizens state corporation;
Into the sub paragraph 4 was made amendments in accordance with the Law of the Republic of Kazakhstan No. 419-V dated 24.11.15 (refer to earlier version).4) appeal addressed to the entity considering the appeal or to the official individual or collective written, oral or in electronic document, videoconferencing, video appeal, proposal, statement, complaint, request or response;
Into subparagraph 5 was made amendments in accordance with the Law of the Republic of Kazakhstan No. 406-IV, dated 10.02.11 (refer to earlier version).5) entities considering appeals (hereinafter – entities) – state bodies, bodies of local self-government, legal entities with absolute participation of the state or providing goods (works, services) in accordance with the terms of the state order and (or) public procurement that shall have the right to consider and adopt decisions on appeals of individuals and legal entities in accordance with their competence, and large-sized business entities on appeals of individuals and legal entities with whom the contract for delivery (performance, rendering) of goods (works, services) is concluded;
6) consideration of appeal is fixation of details on acceptance and consideration of appeal and their state legal statistical reporting;
7) acceptance of appeal is the action of an entity, official on acceptance of individuals and (or) legal entities appeals;
8) consideration of appeal is adoption of decision by the entity, official within the competence on registered appeal in accordance with the legislation of the Republic of Kazakhstan;
9) registration of appeal is fixation of brief data on a content of appeal and assignment of registration number to each accepted appeal in accounting information document;
10) request is a person's petition to provide information on issues of interest of personal or public nature;
11) suggestion is a recommendation of a person on improvement of the Laws and other regulatory legal acts, activity of the state bodies, development of public relations, improvement of social-economic and other scopes of activities of the state and society;
12) feedback is the expression of person's attitude in respect of home and foreign policy pursued by the state, as well as of events of public nature;
Subparagraph 13 as amended by the Law of the Republic of Kazakhstan No. 406-IV, dated 10.02.11 (refer to earlier version).13) appeal – the requirement of a person on restoration or protection of violated rights, freedoms and legal interests of this person or other persons, on elimination of illegal actions or omission of the state bodies, bodies of local self-government, legal entities with absolute state participation or providing the goods (works, services) in accordance with conditions of the state order and (or) state procurement, large-sized business entities upon appeals of individuals and legal entities with whom contract for delivery (performance, rendering) of goods (works, services) is concluded, their officials, as well as cancellation of their illegal decisions.
Article 2. Legislation of the Republic of Kazakhstan on order of consideration of appeals of individuals and legal entities
1. Legislation of the Republic of Kazakhstan on order of 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 the international treaty ratified by the Republic of Kazakhstan stipulates rules different from those established by this Law, the rules of international treaty shall be applied.
Article 3. Scope of application of this Law
1. The effect of this Law extends to individuals and legal entities who have submitted appeals, to entities and officials considering appeals.
2. The effect of this Law shall not apply to appeals of individuals and legal entities, order of consideration of which is established by the legislation of the Republic of Kazakhstan on administrative infractions, criminal procedure, civil procedure legislation of the Republic of Kazakhstan.
The article is supplemented by paragraph 2-1 in accordance with the Law of the Republic of Kazakhstan No. 89-V, dated 15.04.13.2-1. Terms of consideration of claims on the issues of rendering of the state services shall be established by the Law of the Republic of Kazakhstan “On state services”.
The article is supplemented by paragraph 2-2 in accordance with the Law of the Republic of Kazakhstan No. 404-V dated 16.11.15.2-2. 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 the appeals of individuals and legal entities containing only requests for information received or created by entities which regulated by the Law of the Republic of Kazakhstan "On access to information".
The article is supplemented by paragraph 2-3 in accordance with the Law of the Republic of Kazakhstan No. 435-V, dated 04.12.15.2-3. Grievance procedure in public procurement shall be carried out in accordance with this Law, taking into account the specifics established by the law Republic of Kazakhstan on public procurement.
The article is supplemented by paragraph 2-4 in accordance with the Law of the Republic of Kazakhstan No. 26-VI, dated 30.11.16 (effective from July 1, 2017)2-4. Grievance procedure on taxation and customs regulation shall be 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 providing goods (works, services) in accordance with conditions of the state order and (or) state procurement shall consider the appeals on the issues of provision of mentioned goods (works, services) in accordance with this Law, unless otherwise provided by the Laws of the Republic of Kazakhstan.
Article 4. Principles of this Law
Main principles of regulating legal relations linked with consideration of appeals of individuals and legal entities are:
1) legality;
2) requirements unity to appeals;
3) guarantees of compliance with rights, freedoms and legal interests of individuals and legal entities;
4) inadmissibility of bureaucratizing and official red tape upon consideration of appeals;
5) equality of individuals and legal entities;
6) transparency of activity of entities and officials upon consideration of appeals.
In the article 5 was made amendments in accordance with the Law of the Republic of Kazakhstan No. 227-V, dated 03.07.14 (refer to earlier version).Article 5. Non justiciable appeals
1. Non justiciable:
1) anonymous appeal, with the exception of cases when such appeal contains details on preparing or committed criminal infractions or on a threat of the state or public security and that shall be entityto immediate redirection to the state bodies in accordance with their competence;
2) appeal that does not specify the substance of question.
2. If conditions gave occasion for leaving a appeal without consideration were eliminated in the following, the entity or official shall be obliged to consider the mentioned appeal.
Article 6 as amended in accordance with the Law of the Republic of Kazakhstan No. 269-V, dated 29.12.14 (entered into force on January 1, 2015) (see earlier revision).The title of the article is set out in the edition of the Law of the Republic of Kazakhstan No. 419-V, dated 11.24.15 (refer to earlier version).
Article 6. Requirements for written request, video request and videoconferencing
1. Appeal shall be addressed to the entity or official the competence of whom includes resolution of the issues raised in the appeal.
Paragraph 2 as amended in accordance with the Law of the Republic of Kazakhstan No. 155-VI, dated 16.05.18 (refer to earlier version).2. Appeal of the individual shall include his (her) last name, first name, as well as patronymic at will, individual identification number, postal address of a legal entity, its name, mail address, business identification number. The appeal shall be signed by the individual or representative of a legal entity.
In filing complaint, name or position of entity, last name and initials of officials whose actions are appealed, grounds and requirements shall be specified.
Paragraph 3 was was amended in accordance with the Law of the Republic of Kazakhstan No. 419-V, dated 11.24.15 (refer to earlier version).3. The coupon indicating the date, time, surname and initials of the person who accepted the appeal shall be issued to the applicant, who directly applied in written form or by video message.
Article is amended by adding paragraph 4 in accordance with the Law of the Republic of Kazakhstan No. 366-V, dated October 28, 2015.4. The procedure for applying via videoconferencing or video message of individuals and legal entities to the chiefs of state bodies and their deputies shall be determined by the authorized body in informational support field.
Article 7. Acceptance, registration and accounting of appeals of individuals and legal entities
1. Appeals filed in the manner established by this Law shall be entityto compulsory acceptance, registration, accounting and consideration.
Refusal to accept appeals is prohibited.
Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan No. 406-IV, dated 10.02.11 (see the earlier revision); the Law of the Republic of Kazakhstan No. 89-V, dated 04.15.13 (refer to earlier version).2. Consideration of appeals of individuals and legal entities coming to the state bodies, bodies of local self-government, legal entities with absolute state participation shall be carried out in the manner established by the state body carrying out statistical activity within the competence in the field of legal statistics and special records.
Appeals of individuals and legal entities that came on the issues of rendering of state services shall not be entity to accounting, with the exception of the appeals provided by subparagraph 3) of paragraph1 of Article 4 of the Law of the Republic of Kazakhstan “On state services”.
3. Chiefs of entities and officials shall be personally liable for organization of work with appeals of individuals and legal entities, condition of acceptance, registration and accounting.
4. The appeal may be introduced through a representative of individual or legal entity. Registration of representation shall be performed in the manner established by 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 signature shall be entity to consideration in the manner established by this Law.
According to the letter of the General Prosecutor's Office, on appeals submitted to the blog of the first chiefs of state bodies and non compliant legislation on electronic document, inspections organization is prohibited
Paragraph 6 was amended in accordance with the Law of the Republic of Kazakhstan No. 406-IV, dated 10.02.11 (see earlier revision); The Law of the Republic of Kazakhstan No. 121-V, dated 03.07.13 (refer to earlier version).6. The appeal that came to the entity or official whose competence does not include permission of the appeal issues, not later than three working days from the date of its receipt to the entity or official shall be directed to the relevant entities with the message on it to the applicant.
Requirement of this paragraph shall not apply to large-sized business entities.
Article 8. Terms of appeal consideration
Paragraph 1 as amended by the Law of the Republic of Kazakhstan No. 121-V, dated 03.07.13 (refer to earlier version)
1. Appeal of an individual and (or) legal entity for consideration of which the receipt of information from other subjects, officials or inspection with visiting a place is not required shall be considered within fifteen calendar days from the date of coming to the entity, official.
Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 121-V, dated 03.07.13 (refer to earlier version).2. Appeal of an individual and (or) legal entity for consideration of which the receipt of information from other entities, officials or inspection with visiting a place is required shall be considered and on its' decision shall be adopted within thirty calendar days from the date of coming to the entity, official.
In cases where it is necessary to conduct additional examination or verification, the period of consideration shall be extended by not more than thirty calendar days, as reported to the applicant within three calendar days from the date of extension of the period of consideration.
3. Term of consideration on appeal shall be prolonged by the chief of a entity of his (her) deputy.
Paragraph 4 as amended by the Law of the Republic of Kazakhstan No. 121-V, dated 03.07.13 (refer to earlier version).4. If resolution of issues stated in a appeal requires long period, the appeal shall be placed on additional control up to its final execution, about which the applicant shall be reported within three calendar days from the date of adoption of resolution.
5. Laws of the Republic of Kazakhstan may establish the other terms of consideration of appeals.
Article 9. Consideration of appeals of individuals and legal entities
1. Within the competence, entities and officials shall:
1) ensure objective, comprehensive and prompt consideration of appeals of individuals and legal entities, with their participation, if necessary;
2) take measures oriented to restoration of violated rights and freedoms of individuals and legal entities;
3) inform applicants on results of consideration of their appeals and taken measures;
4) notify applicants on direction of their appeals for consideration of other entities or officials in accordance with their competence.
In the paragraph 2 was made amendments in accordance with the Law of the Republic of Kazakhstan dated 07.03.13 No. 121-V (refer to earlier version).2. Acts, documents and other materials having significance for consideration of appeals, with the exception of those containing the state secrets or another secrets protected by law, shall be provided to entities or officials immediately considering the appeals within fifteen calendar days from the date of receipt of the appeal.
Appeals on impairment of rights, freedoms and legal interests of individuals and legal entities on multiple or gross breaches of the Law may be investigated on-site order of a chief of the entity.
3. On the results of consideration of appeals, the one of the following decisions shall be adopted:
1) on full or partial satisfaction of the appeal;
2) on refusal in satisfaction of the appeal with substantiation of adoption of such decision;
3) on explanation as to the substance of the appeal;
4) on termination of the appeal consideration.
4. Upon receipt of several appeals on the same issue in favor of the same person, the first appeal shall be registered as main appeal, and the following shall be attached to the main appeal and considered as one appeal with notification of applicants on results of their resolution within the established term that began from the date of receipt of the first appeal.
Article 10. Answers for appeals
1. Responses to appeals shall be substantiated and motivated in the state language or the language of appeal as referred to the legislation of the Republic of Kazakhstan, shall contain particular facts denying or confirming the arguments of an applicant, with explanation of their right to appeal the adopted decision.
According to the Decree of the Constitutional Council of the Republic of Kazakhstan No. 3, dated 23 February 2007: “Legislation should ensure that individuals and legal entities can apply to state bodies and local self-government bodies and receive information from them in compliance with paragraph 2 of Article 7 of the Constitution equally in Kazakh or Russian languages, regardless of the language in which the proceedings are conducted”In accordance with the Law of the Republic of Kazakhstan dated No. 401-V, 16 November 2015 “On Access to Information”: “The response to the written request shall be provided at the user's option of the information in paper and (or) electronic form in the language of the appeal. The response to the verbal request shall be provided in verbal form in the language of the appeal”
2. In the absence of any recommendations, requirements, petitions, requests, the appeals shall be considered and written into the case by a chief of a entity or his (her) deputy.
Article 11. Termination of consideration of appeals
1. Consideration of appeals shall be terminated, if new arguments or newly opened circumstances are not presented in repeated appeals, and previous appeal contains exhaustive inspection reports and applicants received responses in accordance with the established procedure.
Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 121-V, dated 03.07.13 (refer to earlier version).2. Decision on termination of consideration of appeals shall be adopted by a chief of a entity or his (her) deputy.
Article 12 as amended in accordance with the Law of the Republic of Kazakhstan No. 376-V, dated 10.29.15 (entered into force on January 1, 2016) (refer to earlier version).Article 12. Appeal of decisions adopted following the results of consideration of appeals
Complaint to actions (omissions) of officials, as well as to decisions of the entity shall be filed to the superior official or the entity in the manner of subordination not later than three months from the date when individual or legal entity became aware of an act being committed or a decision was made by the relevant entity or official. The term missed for appeal is not a basis for the entity or official to refuse in consideration of a complaint. Reasons for missing the term shall be clarified upon consideration of a complaint in essence and may be one of the grounds for refusal in satisfaction of the complaint.
In the absence of a superior official or entity or non-agreement of an applicant with adopted decision, the application shall be filed directly to court.
The procedure for filing and reviewing a complaint against actions (omissions) of officials, as well as acts (decisions) of state bodies shall be established by the Law of the Republic of Kazakhstan "On Administrative Procedures".
Article 13. Personal reception of individuals and representatives of legal entities
1. Chiefs of state bodies, bodies of local self-government and their deputies shall be obliged to conduct personal reception of citizens and representatives of legal entities, including employees of these bodies not less than once per month according to the schedule of reception approved by the chief of the relevant state body.
2. Reception shall be conducted at place of employment on the days and hours established and brought to the notice of individuals and legal entities.
3. If the appeal can not be resolved by the official during reception, it shall be stated in written form and it is treated as with written appeal.
Article 14. Rights of individuals and legal entities upon consideration of appeal
Individual or legal entity that submitted an appeal shall have the right to:
1) submit additional documents and materials in support of their appeal or request for their discovery;
2) state the arguments to a person considering the appeal;
3) get acquainted with the materials related to the consideration of appeal and participate in the consideration of appeal, if it does not violate rights and freedoms of other persons;
4) receive substantiated respond in written or verbal form on adopted decision;
5) require compensation of losses, if they become a result of violations of established order of consideration of appeals;
6) appeal the actions (omission) of officials or decision adopted upon appeal;
Sub item 7 was amended in accordance with the Law of the Republic of Kazakhstan dated 21.07.11 No. 467-IV (entered into force on January 1 2012) (refer to earlier version); set out in the edition of the Law of the Republic of Kazakhstan dated 30.11.16 No. 26-VI (effective from July 1, 2017) (refer to earlier version)7) apply for termination of consideration of the appeal, except for cases provided for by tax and customs legislation of the Republic of Kazakhstan.
Article 15. Rights and obligations of entities and officials
1. Entities and officials shall have the right to:
1) request and receive information required for consideration of appeals in established manner;
2) apply to court on cost recovery incurred due to inspection of appeals containing deliberately provided false information.
2. Entities and officials shall be obliged to:
1) accept and consider appeals of individuals and legal entities in the manner and in terms established by this Law;
2) adopt legal and informed decisions;
3) control of execution of adopted decisions;
4) inform individuals and legal entities on adopted decisions in written form or in form of electronic document;
5) restrain prosecution of individuals, including those acting in favour of the legal entity, their family members due to filing an appeal to entities and officials with criticism of their activities in order to protect the rights, freedoms and legal interests;
6) not to file a complaint for consideration of officials, whose actions (omission) are appealed;
7) exclude cases of inspections on persons in respect of whom there are reasons of considering that they are not interested in objective resolution of the issue;
8) exclude appeal of individuals and legal entities for harm to person that filed it, or in favour of whom it was filed;
9) not to reveal the information on private privacy of individuals, including those representing in favor of the legal entity, without their consent, or details that are the state secrets or the other secret protected by the Law, exclude establishment of data on a personality of the individual not related to the appeal;
10) analyze and generalize the appeals of individuals and legal entities, the critical comments contained in them, 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;
Subparagraph 12 was amended in accordance with Law of the Republic of Kazakhstan No. 406-IV, dated 10.02.11 (refer to earlier version)12) provide state legal statistical information on a quantity of received, considered appeals and results of their consideration within the terms and in scopes established by the state body carrying out statistical activity within the competence in the field of legal statistics and special accounts. Requirement of this subparagraph shall not apply to large-sized business entities.
Article 16 is set out in the edition of the Law of the Republic of Kazakhstan No. 406-IV, dated 10.02.11 (refer to earlier version)Article 16. Proceedings on applications of individuals and legal entities
Proceedings on appeals of individuals and legal entities in the state bodies, bodies of local self-government, legal entities with the absolute participation or provision the goods (works, services) in accordance with conditions of the state order and (or) state procurement shall be maintained separately from other types of proceedings in the manner established by the legislation of the Republic of Kazakhstan, in large-sized business entities in accordance with internal regulation on proceedings.
Article 17. Liability for breach of the legislation of the Republic of Kazakhstan on order of consideration of appeals of individuals and legal entities
Breach of the legislation of the Republic of Kazakhstan on order of consideration of appeals of individuals and legal entities shall entail liability in accordance with the Laws of the Republic of Kazakhstan.
Article 18. Order of entering of this Law into force
1. The Law shall come into force from the date of its official publication.
2. Decree of the President of the Republic of Kazakhstan No. 2340, having a force of the Law dated 19 June 1995 “On order of consideration of appeals of citizens” (The Bulletin of the Supreme Soviet of the Republic of Kazakhstan, 1995 No. 9-10, Article 71) shall be deemed as void.
| President | |
| of the Republic of Kazakhstan | N. NAZARBAYEV |
