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Article 13. Consideration of the complaint of the Constitutional Law on the Commissioner for Human Rights in the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 13. Consideration of the complaint of the Constitutional Law on the Commissioner for Human Rights in the Republic of Kazakhstan

     1. The Commissioner for Human Rights in the Republic of Kazakhstan, within the limits of his competence, considers complaints submitted personally and (or) through representatives of citizens of the Republic of Kazakhstan and foreigners and stateless persons residing in the territory of the Republic of Kazakhstan (hereinafter referred to as applicants) within fifteen working days from the date of their receipt.

     In order to protect the rights of a citizen and with his written consent, public associations may apply to the Commissioner for Human Rights in the Republic of Kazakhstan.

     2. The Commissioner for Human Rights in the Republic of Kazakhstan does not consider complaints about actions (inaction) and decisions of the President of the Republic of Kazakhstan.

     3. The complaint must contain information about the surname, first name, patronymic (if it is indicated in the identity document) and the applicant's place of residence or work, as well as a statement of the substance of decisions or actions (inaction) that violated or violated, in the applicant's opinion, his rights and freedoms.

     Documents and other materials confirming the applicant's arguments are attached to the complaint.

     4. Upon receiving the complaint, the Commissioner for Human Rights in the Republic of Kazakhstan makes one of the following decisions::

     1) accepts the complaint for consideration in accordance with the rules for reviewing complaints;

     2) explains the ways and means that the applicant can use to protect his rights and freedoms;

     3) sends requests to the competent state bodies or officials to verify the circumstances to be clarified.;

     4) refuses to accept the complaint for consideration, which must be motivated. The refusal to accept a complaint for consideration is not subject to appeal.

     5. The time limit for consideration of a complaint may be extended by a reasoned decision of the Commissioner for Human Rights in the Republic of Kazakhstan for a reasonable period, but not more than two months, as notified to the applicant within three working days from the date of the extension. The Commissioner for Human Rights in the Republic of Kazakhstan notifies the applicant and the relevant state bodies, local government and self-government bodies, officials, decisions and (or) actions (inaction) about the decision taken. which are being appealed.

 

Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 154-VII SAM.

     This Constitutional Law defines the legal status and organization of the activities of the Commissioner for Human Rights in the Republic of Kazakhstan.

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