Article 131. Administrative claim, its form and content Administrative Procedural Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 131. Administrative claim, its form and content Administrative Procedural Procedure Code of the Republic of Kazakhstan

1. An administrative case is initiated in an administrative court on the basis of a claim.

For the purposes of this Code, claims are also understood as other appeals to the court provided for by the laws of the Republic of Kazakhstan.

The lawsuits filed in court are:

1) a challenge claim;

2) a claim for coercion;

3) a claim for an action;

4) a claim for recognition.

2. The claim is filed with the court in writing or in the form of an electronic document certified by an electronic digital signature of the plaintiff and (or) his representative.

The claim must specify:

1) the name of the court to which the claim is filed;

2) the surname, first name and patronymic (if it is indicated in the identity document) of the plaintiff, if the plaintiff is an individual, his place of residence, date and place of birth, name of the representative and his address, if the claim is filed by a representative; telephone numbers, e-mail addresses of the plaintiff, his representative;

the name of the plaintiff, if the plaintiff is a legal entity or other organization, its location, business identification number and bank details;

3) the defendant's name, location, bank details (if known to the plaintiff) and business identification number (if known to the plaintiff). The claim must include the defendant's phone numbers and email address, if known to the plaintiff.;

4) the content of the claims (the subject of the claim) and a statement of the circumstances by which the plaintiff justifies his claims (the grounds for the claim), the essence of the violation or threat of violation of the rights, freedoms and legitimate interests of the plaintiff. If a claim is filed against several defendants, the content of the claims against each of the defendants;

5) information on compliance with the pre-trial procedure for contacting the defendant, if this is established by law;

6) a list of documents and other attached materials (if available).

3. The claim, as a rule, also states:

1) the plaintiff's reasoned opinion on the defendant's violation of his rights, freedoms and legitimate interests, on the establishment of obstacles to their implementation, or on the unlawful imposition of any obligation on him;

2) if necessary, a written request for postponement, installment plan, exemption from payment of state duty; for the appointment of a forensic examination; for the recovery of evidence; for calling witnesses; for securing a claim and other petitions.

4. In support of the circumstances that substantiate the claims, the plaintiff submits evidence, and if it is impossible, indicates evidence that he cannot independently submit, indicating the relevant reasons.

5. The claim is signed by the plaintiff or his representative, if authorized to sign it. If the claim is filed by a representative, it shall specify the name of the representative, his postal address, as well as telephone numbers, e-mail address, if any.

6. In the case of a prosecutor's appeal in the interests of a citizen, the claim must contain a justification for the reasons for the impossibility of filing a claim by the person himself.

7. The documents attached to the claim are usually submitted in originals. If it is impossible to present the original documents, they may be presented in copies certified in accordance with the procedure established by law. If a copy of the document cannot be certified due to the absence of the original, the claim must state the reason for the impossibility of such actions.

8. The following documents are attached to the claim:

1) copies of the claim and the documents attached to it according to the number of participants in the administrative process;

2) a document confirming payment of the state duty, or a request for postponement of payment of the state duty on the grounds provided for by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code);

3) a power of attorney or other document certifying the representative's authority;

4) documents confirming the circumstances on which the plaintiff bases his claims;

5) documents confirming compliance with the pre-trial dispute settlement procedure, if this procedure is established by law;

6) copies of the charter, certificate or certificate of state registration, if the claim is filed by a legal entity, and other documents;

7) copies of the investment contract concluded between the investor and the authorized state body, as well as documents confirming the investor's investment activity, if the claim is filed in accordance with the third part of Article 102 of this Code.

President

Republic of Kazakhstan

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