Article 29. The procedure for reviewing a complaint by the Appeals Commission is the Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan
1. Acts on the results of the inspection and instructions on the elimination of identified violations issued by officials exercising state control in the areas of medical services (assistance), sanitary and epidemiological welfare of the population, circulation of medicines and medical devices may be appealed to a higher authority.
2. A complaint against the act on the results of the inspection and the order to eliminate the identified violations shall be submitted to the head of a higher state body.
3. To consider a complaint against the inspection results act and the order to eliminate the identified violations, a higher state body creates an appeal commission, which includes representatives of government agencies in the areas of medical services (assistance), sanitary and epidemiological welfare of the population, circulation of medicines and medical devices, and non-governmental organizations of the Republic of Kazakhstan.
The regulations, regulations and the composition of the appeal commissions are determined respectively by state bodies in the areas of medical services (assistance), sanitary and epidemiological welfare of the population, circulation of medicines and medical devices.
4. A complaint against an act on the results of an inspection and an order to eliminate identified violations by state bodies in the provision of medical services (assistance), sanitary and epidemiological welfare of the population, and the circulation of medicines and medical devices shall be considered by the appeals commission within the scope of the issues being appealed.
5. A complaint against the act on the results of the inspection and an order to eliminate the identified violations shall be filed within ten working days after signing the act on the results of the inspection.
6. The decision of the appeal commission is advisory in nature and is submitted to the head of a higher state body. Based on the results of the decision of the appeal commission, the head has the right to make a decision on recognizing the act on the results of the inspection, the conclusion of preventive control with a visit to the subject (object) of control and supervision and the instructions to eliminate violations of legality as invalid and their cancellation in accordance with Article 156 of the Entrepreneurial Code of the Republic of Kazakhstan.
7. The Appeals Commission annually summarizes the results of consideration of complaints against acts on the results of inspections and regulations on the elimination of violations and develops recommendations for improving the legislation of the Republic of Kazakhstan.
8. In case of dissatisfaction with the complaint by the higher authority, the act on the results of the inspection and the order to eliminate violations of the law may be appealed to the court.
9. Information constituting commercial and other legally protected secrets, as well as confidential information, is provided to members of the appeal commissions when considering a complaint against an inspection report and an order to eliminate violations of the law in accordance with the rules approved respectively by state bodies in the areas of medical services (assistance), sanitary and epidemiological welfare of the population, circulation of medicines, etc. medical devices, without obtaining the written permission of the person who filed the complaint.
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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