Article 100. Types of decisions based on the results of consideration of the complaint Administrative Procedural Procedure Code of the Republic of Kazakhstan
1. Having considered the complaint, the body considering the complaint shall make one of the following decisions::
1) on the cancellation of an administrative act;
2) on the cancellation of an administrative act and the adoption of a new administrative act;
3) about the commission of an administrative action;
4) about leaving the complaint without satisfaction;
5) on sending an administrative case to an administrative body, to an official whose administrative act, administrative action (inaction) is being appealed, for the implementation of an administrative procedure indicating the violations committed and suggestions for their elimination;
6) leaving the complaint without consideration.
2. The body considering the complaint shall make the decision provided for in subparagraphs 1), 2) and 3) of part one of this article, if the adoption of an administrative act or the commission of an administrative action falls within the competence of the body considering the complaint.
The body considering the complaint sends the complaint to the administrative body, to the official whose administrative act, administrative action (inaction) is being appealed, for the implementation of the administrative procedure no later than five working days from the date of the decision, indicating the violations committed and suggestions for their elimination if the adoption of the relevant act, the commission of an administrative action They do not fall within the competence of the body reviewing the complaint.
3. The grounds for making the decision provided for in paragraphs 1), 2), 3) and 5) of the first part of this article are:
incorrect identification and clarification of the range of circumstances relevant to the proper consideration of an administrative case;
inconsistency of the content of the administrative act, administrative action (inaction) with the materials of the administrative case;
violation or improper application of the legislation of the Republic of Kazakhstan.
4. Upon completion of consideration of the complaint on the merits, a written decision is made, which is sent to the participant in the administrative procedure, and a copy of the decision is sent to the administrative body, the official whose administrative act, administrative action (inaction) is being appealed.
The refusal to satisfy the complaint must be motivated.
The decision of the body considering the complaint is binding.
5. If the body considering the complaint has not taken a decision on the results of consideration of the complaint within the time limits established by this Code, then from the date of expiry of the time limits, it is considered that the body considering the complaint has refused to satisfy the complaint.
6. In case of disagreement with the decision of the body considering the complaint, the participant in the administrative procedure has the right to appeal the administrative act, administrative action (inaction) to another body considering the complaint, or to the court.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
