Article 4. The basic concepts used in this Code are the Administrative Procedural Code of the Republic of Kazakhstan

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1. The concepts contained in this Code are used in the following meaning::

1) an application is one of the forms of an appeal containing a request from a participant in an administrative procedure for assistance in the realization of his rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of others.;

2) applicant – a person who has submitted an application to an administrative body, an official for the implementation of an administrative procedure, as well as a person in respect of whom an administrative act is being adopted, an administrative act (inaction) is being committed (addressee of the administrative act);

3) burdensome administrative act – an act that refuses to implement, restricts, terminates the right of a participant in an administrative procedure or imposes an obligation on him, as well as otherwise worsens his situation;

4) an administrative act is a decision taken by an administrative body, an official in public relations, implementing the rights and obligations of a certain person or an individually defined circle of persons established by the laws of the Republic of Kazakhstan.;

5) administrative action (inaction) – action (inaction) an administrative body, an official in public relations that is not an administrative act;

6) administrative discretion is the authority of an administrative body or official to make, for the purposes and within the limits established by the legislation of the Republic of Kazakhstan, one of the possible decisions based on an assessment of their legality.;

7) administrative body – a state body, a local government body, a state legal entity, as well as another organization that, in accordance with the laws of the Republic of Kazakhstan, are authorized to adopt an administrative act, commit an administrative act (inaction).;

8) administrative procedure – the activity of an administrative body or official in reviewing an administrative case, making and executing a decision on it, carried out on the basis of an appeal or on his own initiative, as well as activities carried out in accordance with a simplified administrative procedure;

9) administrative action (lawsuit) – a claim filed in court for the purpose of protecting and restoring violated or disputed rights, freedoms or legitimate interests arising from public relations;

10) administrative case – materials documenting the progress and results of the administrative procedure and (or) the consideration of a public legal dispute in court;

11) competitive environment – market entities, with the exception of quasi-public sector entities;

IZPI's note! The effect of subparagraph 12) has been suspended until 01.01.2026 in accordance with art.175 of this Code.

12) video message – an individual or collective statement or complaint sent to an administrative body or official in a video format carried out by the Government for Citizens State Corporation;

13) videoconferencing is a communication service using information and communication technologies for interactive interaction of several remote subscribers in real time with the possibility of exchanging audio and video information;

14) monitoring of transferred functions (hereinafter referred to as monitoring) is a set of measures aimed at the systematic and continuous collection, processing, analysis and evaluation of data on the performance of functions of central and (or) local executive bodies transferred to a competitive environment;

14-1) data – information in a formalized form suitable for processing;

14-2) authorized data management body – the central executive body responsible for the management and intersectoral coordination of data management;

15) the defendant is an administrative body or official against whom a claim is filed in court.;

15-1) the authorized body for project management is the central executive body responsible for the management and intersectoral coordination in the field of project management;

IZPI's note! Subparagraph 16) has been suspended until 01.01.2026 in accordance with Article 175 of this Code and during the period of suspension this paragraph is valid in the following wording:

16) appeal – an application or complaint sent to an administrative body or official in written (paper and/or electronic) or oral form, as well as in the form of videoconference;

17) registration of an appeal – recording information on the reception and consideration of an appeal and their reflection in the state legal statistical reporting;

18) acceptance of an application is the action of an administrative body or official to accept an application from a participant in an administrative procedure.;

19) consideration of an appeal is the adoption by an administrative body, an official within its competence, of a decision in accordance with the legislation of the Republic of Kazakhstan.;

20) registration of an appeal – recording in the accounting information document brief information on the content of the appeal and assigning a registration number to each received appeal;

21) favorable administrative act is an act that implements the right of a participant in an administrative procedure or terminates the duty assigned to him, as well as otherwise improves his situation.;

22) official information – information created, processed and transmitted in the performance of government functions, the owner, owner or user of which is the state;

23) official – a person who, in accordance with the laws of the Republic of Kazakhstan, is authorized to adopt an administrative act, commit an administrative act (inaction);

24) the authorized body in the field of development of the public administration system is the central executive body responsible for the management and intersectoral coordination of the functional analysis of the activities of public administration bodies and the transfer of functions of central and (or) local executive bodies to a competitive environment.;

25) a state body is an organization of state power that performs functions on behalf of the state on the basis of the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan.:

issuing acts defining generally binding rules of conduct;

management and regulation of socially significant public relations;

monitoring compliance with the generally binding rules of conduct established by the State;

26) internal administrative procedure of state bodies – the sole administrative activity of an official or the activity of a collegial state body related to the organization of a state body, the internal procedure for reviewing, passing official documents and internal control over their execution, the procedure regulating the information exchange between state bodies, their structural and territorial divisions and officials, as well as transfer of government functions to a competitive environment;

27) optimization – a set of measures aimed at reducing the number of staff, reducing and (or) redistributing the costs of central and (or) local executive bodies, including those related to the transfer of functions to a competitive environment;

28) executors of the functions of central and (or) local executive bodies – business entities and their associations, self-regulatory and non-governmental organizations performing the functions of central and (or) local executive bodies in accordance with the procedure established by this Code;

29) users of the functions of central and (or) local executive bodies (hereinafter referred to as users) are individuals and legal entities;

30) complete transfer of functions of central and (or) local executive bodies – exclusion of functions from the competence of central and (or) local executive bodies and transfer of their implementation to a competitive environment through self-regulation based on mandatory membership (participation), or at the expense of users;

31) outsourcing of the functions of central and (or) local executive bodies (hereinafter referred to as outsourcing) is the transfer to a competitive environment of the functions of central and (or) local executive bodies for their implementation through the conclusion of contracts

31-1) petition – a collective message, response or proposal sent to a state body, local representative and executive body in the form of an electronic document and considered in accordance with the procedure established by this Code;

32) request – a request from a participant in an administrative procedure to provide information on personal or public issues of interest.;

33) plaintiff is a person who has applied to the court in defense of his violated or disputed rights, freedoms, and legitimate interests, or a person in whose interests a lawsuit has been filed by a prosecutor or other person authorized by the laws of the Republic of Kazakhstan to do so.;

34) the presiding judge is a judge who directs the collegial consideration of an administrative case or considers an administrative case alone.;

34-1) national register – reference data sources for industries (spheres) defined within the framework of the "electronic government" architecture;

35) a proposal is a recommendation by a participant in an administrative procedure to improve the laws and other regulatory legal acts of the Republic of Kazakhstan, the activities of government agencies, the development of public relations, and the improvement of socio-economic and other spheres of activity of the state and society;

36) response – an expression by a participant in an administrative procedure of his attitude to the state's domestic and foreign policy, as well as to events and phenomena of a public nature;

37) notification – notification by a participant in an administrative procedure about violations of laws and other regulatory legal acts of the Republic of Kazakhstan, deficiencies in the work of state bodies, local governments, legal entities with one hundred percent participation of the state and their officials;

37-1) digital transformation – a set of measures that includes the introduction of digital technologies, reengineering and data use;

38) a complaint is one of the forms of appeal containing the requirement of a participant in an administrative procedure to restore or protect the rights, freedoms or legitimate interests of him or others who have been violated by an administrative act, administrative action (inaction);

39) internal control – control carried out by a state body over the execution by its structural and territorial divisions, subordinate state bodies and organizations, officials of decisions taken by a state body, as well as the requirements of the legislation of the Republic of Kazakhstan.

2. Other special concepts are used in the meanings defined in the relevant articles of this Code, as well as other laws of the Republic of Kazakhstan.

The footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 01/02/2021 No. 399-VI (effective after ten calendar days after the date of its first official publication); dated 07/14/2022 No. 141-VII (effective after ten calendar days after the date of its first official publication); dated 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication).

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