Article 11. Providing information on request The Law on Access to Information

Home / RLA / Article 11. Providing information on request The Law on Access to Information

1. Information on request is provided free of charge.

2. Any information is provided upon request, with the exception of information with limited access.

3. The request must be addressed to the information holder, whose competence includes providing the requested information.

The request can be submitted orally or in writing, including in the form of an electronic document.

4. The user of the information can make an oral request in person or by phone.

An answer to an oral request is provided based on the following information:

1) the information holder's work schedule;

2) postal addresses, e-mail addresses and (or) Internet resources, telephone numbers of information services of information holders, their structural divisions, territorial bodies and subordinate organizations, as well as information about their managers;

3) the procedure for admission of individuals and representatives of legal entities;

4) the procedure for considering appeals, requests, applications and complaints of individuals and legal entities;

5) the procedure for the provision of public services;

6) Court case review schedules;

7) information on the date and place of open competitive bidding (auctions, tenders);

8) the time and place of the convocation of the meeting of the local community, the meeting of the local community and the issues discussed;

9) information about the mass media established by the information holder (if any);

10) phone numbers for obtaining information about available vacant positions.

If an answer is provided to an oral request, the name and position of the person who provided the answer are indicated.

5. The written request shall specify:

1) last name, first name, patronymic (if it is indicated in the identity document), individual identification number of the individual requesting the information;

2) when applying on behalf of a legal entity, the full name of the legal entity, business identification number, outgoing number and date, surname, initials and position of the person who signed the request.

The request must include a postal address or e-mail address, a telephone or fax number, and other means of communication.

The written request must be signed by an individual or a representative of a legal entity. The request in the form of an electronic document must be certified with an electronic digital signature.

A written request is equivalent to an electronic request sent through the blog platform of the first heads of quasi-public sector entities, with the exception of persons with one hundred percent state participation.

A request sent through the blog platform of the first heads of quasi-public sector entities, with the exception of persons with one hundred percent state participation, does not require signing by the user of the information, provided that he has an account on the e-government web portal and connects to it the subscriber number of the user of the information provided by the mobile operator.

6. The information user who has directly contacted the information holder and submitted the request in writing is given a coupon indicating the date and time, surname and initials of the person who accepted the request.

7. Written requests submitted in accordance with the procedure established by this Law, with the exception of anonymous requests, are subject to mandatory acceptance, registration, accounting and consideration.

8. Written requests may be submitted through a representative of an individual or a 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.

9. Requests received through publicly available information systems that comply with the requirements of the legislation of the Republic of Kazakhstan on electronic documents and electronic digital signatures are subject to consideration in accordance with the procedure established by this Law.

10. A response to a written request is provided within fifteen calendar days from the date of receipt by the information holder.

In cases where the requested information falls within the competence of several information holders and, when responding to a written request, information is required from other information holders, the review period may be extended once by the head of the information holder for no more than fifteen calendar days, which the information user is informed about within three working days from the date of the extension of the review period.

11. A written request received by the information holder, whose competence does not include the provision of the requested information, is sent to the relevant information holder no later than three working days from the date of receipt of the request, with simultaneous notification of the information user who sent the request.

12. The response to the written request is provided at the user's choice in paper and (or) electronic forms in the language of the request.

The response to an oral request is provided orally in the language of the request.

13. If the response to a written request involves copying or printing, the user of the information is obliged to reimburse the owner of the information for the actual cost of copying or printing.

The amount of the actual cost of copying or printing and the procedure for their payment are subject to mandatory publication in periodicals distributed throughout the Republic of Kazakhstan and posting on the Internet resources of information holders.

Socially vulnerable segments of the population are exempt from paying the actual cost of copying or printing.

14. The response to a written request shall specify the name and postal address of the information holder, the position of the person who signed the response, and the date and number of registration of the request.

15. If the requested information is posted in accordance with the procedure established by this Law, the information holder may notify the user of the information about it, but no later than three working days, while simultaneously sending him information about the methods and place of access to the requested information.

Upon repeated request, the information holder provides the requested information in accordance with the procedure provided for in this article.

16. Refuses to provide access to information:

1) if the content of the request does not allow to establish the requested information;

2) if the request does not comply with the requirements of this Law;

3) if the requested information relates to information with limited access;

4) if the request raises the issue of a legal assessment of acts adopted by the information holder, conducting an analysis of the activities of the information holder or their subordinate bodies and organizations, or conducting other analytical work before its completion;

5) before making a decision on the results of inspections conducted within the framework of state control and supervision;

6) before making a final decision, which is developed on the basis of interdepartmental and intradepartmental correspondence or on the basis of meetings in government agencies;

7) before the adoption of a mutual agreement on the terms of disclosure of documents received from foreign states or international organizations.

17. A reasoned response to the refusal to provide information upon a written request is notified to the user of the information within five working days from the date of registration of the request.

18. The managers of the information holders are personally responsible for the organization of work with requests, for the state of their reception, registration, accounting and consideration.

The Law of the Republic of Kazakhstan dated November 16, 2015 No. 401-V SAM.

This Law regulates public relations resulting from the exercise of everyone's constitutional right to freely receive and disseminate information in any manner not prohibited by law.

President

Republic of Kazakhstan

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