Article 164. Court decision, its appeal, review at the appeal request of the prosecutor, appeal and execution Administrative Procedural Procedure Code of the Republic of Kazakhstan

 1. The court's decision, by which the claim is found to be justified, is the basis for restoring the violated electoral right.

     2. An appeal may be filed against the decision of the court of first instance, and an appeal petition may be filed by the prosecutor within three days from the date of delivery of a copy of the decision, unless otherwise provided by the Constitutional laws of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and "On National Referendum".

     The decision of the court of appeal is not subject to appeal or appeal.

     3. The decision of the administrative court on challenging decisions and actions (inaction) of the Central Election Commission of the Republic of Kazakhstan, as well as decisions and actions (inaction) of the Central Referendum Commission, made according to the rules of jurisdiction provided for in Article 105 of this Code, shall enter into legal force from the date of its announcement and may be appealed, protested in cassation in the following cases: within three days from the date of delivery of a copy of the decision, unless otherwise provided by the Constitutional laws of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and "On National Referendum".

     4. An appeal, a prosecutor's petition, a cassation appeal, a prosecutor's protest against the decisions specified in parts two and three of this article shall be considered within three days from the date of receipt by the court, and those received less than five days before voting, on voting day and before the announcement of the election results, a republican referendum – immediately, unless otherwise It is not provided for by the Constitutional laws of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and "On National Referendum".

     5. A court decision that has entered into legal force is sent to the relevant state body, local government and self-government body, enterprise, organization, chairman of the election commission. Officials guilty of non-compliance with a court decision are liable in accordance with the law.

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  

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