Article 3. Relations regulated by this Code Administrative Procedural Code of the Republic of Kazakhstan
1. This Code regulates relations related to the implementation of internal administrative procedures of state bodies, administrative procedures, as well as the procedure for administrative legal proceedings.
2. The participants in the relations regulated by this Code are state bodies, administrative bodies, officials, as well as individuals and legal entities.
3. The procedure provided for by this Code for the implementation of internal administrative procedures of state bodies in the part not regulated by regulatory legal acts of the Republic of Kazakhstan is applied in the activities of:
1) The President of the Republic of Kazakhstan, government agencies and officials who ensure the activities of the Head of state, government agencies directly subordinate and accountable to the President of the Republic of Kazakhstan;
2) The Office of the First President of the Republic of Kazakhstan – Elbasy;
3) the offices of the Chambers of the Parliament of the Republic of Kazakhstan, the Central Election Commission of the Republic of Kazakhstan;
4) the offices of the Constitutional Court of the Republic of Kazakhstan, the Supreme Judicial Council of the Republic of Kazakhstan, the Security Council of the Republic of Kazakhstan, the Supreme Court and the chancelleries of the courts of the Republic of Kazakhstan;
5) The Government of the Republic of Kazakhstan, the Office of the Government of the Republic of Kazakhstan, the central executive bodies of the Republic of Kazakhstan and their structural and territorial divisions;
6) offices of local representative bodies of the Republic of Kazakhstan;
7) local executive bodies of the Republic of Kazakhstan.
4. The procedure of administrative procedures established by this Code does not apply to the relations regulated by:
1) the criminal procedure, civil procedure legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on administrative offenses;
2) the legislation of the Republic of Kazakhstan on the Constitutional Court of the Republic of Kazakhstan, on the Supreme Judicial Council of the Republic of Kazakhstan, on the Commissioner for Human Rights in the Republic of Kazakhstan;
3) budget legislation of the Republic of Kazakhstan regarding the procedure for the implementation of state and budgetary types of planning;
4) The Law of the Republic of Kazakhstan "On Legal Acts" regarding the procedure for the development, presentation, discussion, enactment and publication of legislative and other regulatory legal acts of the Republic of Kazakhstan;
5) the legislation of the Republic of Kazakhstan on elections and the republican referendum;
6) the legislation of the Republic of Kazakhstan on foreign intelligence, counterintelligence, operational and investigative activities, as well as on ensuring the safety of protected persons and facilities and conducting security measures;
7) the legislation of the Republic of Kazakhstan on notaries in terms of performing notarial acts.
8) the legislation of the Republic of Kazakhstan on the return of illegally acquired assets to the state.
The procedure of administrative procedures established by this Code does not apply to the constitutional powers of the President of the Republic of Kazakhstan and the activities of the body ensuring the activities of the Head of State.
5. The effect of this Code related to the procedure for the implementation of administrative procedures, with the exception of Chapters 12, 13, 14 and 15 of this Code, does not apply to relations regulated by the legislation of the Republic of Kazakhstan on special state bodies.
6. The effect of this Code related to the procedure for carrying out administrative procedures, with the exception of Chapters 1, 2, 12, 13, 14 and 15 of this Code, does not apply to relations related to the procedure for committing an administrative act (inaction) not related to the adoption of an administrative act.
7. Are not subject to consideration in administrative proceedings:
1) appeals, the procedure for consideration of which is provided for by the legislation of the Republic of Kazakhstan on the Constitutional Court of the Republic of Kazakhstan;
2) cases, the procedure of which is provided for by the criminal procedure, civil procedure legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on administrative offenses.
The footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 12/29/2021 No. 91-VII (effective after ten calendar days after the date of its first official publication); dated 11/05/2022 No. 157-VII (effective from 01/01/2023); dated 04/19/2023 No. 223-VII (effective after ten calendar days after the day of its first official publication); dated 07/12/2023 No. 23-VIII (effective ten calendar days after the day of its first official publication).
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