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Article 67. Recusal (self-recusal) of an official Administrative Procedural Code of the Republic of Kazakhstan
1. An official may not carry out an administrative procedure if he:
1) participated in this administrative procedure as a participant in the administrative procedure or his representative;
2) is a close relative, spouse or relative of the participant in the administrative procedure;
3) is in official or other dependence on the participant of the administrative procedure;
4) is personally, directly or indirectly interested in the outcome of the administrative case, or there are other circumstances that cast doubt on its objectivity and impartiality.
2. The previous implementation of an administrative procedure by a person as an official is not a circumstance that precludes his further participation in an appropriate capacity in an administrative procedure.
3. A recusal (self-recusal) filed against an official shall be resolved within three working days from the date of his application.
4. A recusal (self-recusal) filed with an official carrying out an administrative procedure is resolved by a higher official.
5. When considering an administrative case by the collegial composition of an administrative body, a recusal (self-recusal) filed against one of the officials is resolved by other officials of the collegial composition of the administrative body.
6. A challenge (self-recusal) filed with the head of an administrative body shall be resolved by a higher administrative body.
7. A recusal (self-recusal) filed to the head of an administrative body that does not have a higher administrative body is resolved by the person specified in the law of the Republic of Kazakhstan.
If the law does not provide for the relevant person, the recusal (self–recusal) is allowed by the deputy head of the administrative body, and in case of his absence - by another official.
8. If an application for recusal (self-recusal) is granted, the administrative procedure is carried out by another official in accordance with the procedure established by the legislation of the Republic of Kazakhstan on administrative procedures.
9. A repeated application for recusal (self-recusal) for previously stated circumstances is not allowed.
10. The decision based on the results of consideration of the application for recusal (self-recusal) is not subject to appeal.
11. An administrative body or official is obliged to notify the participant of the administrative procedure of the decision within two working days from the date of its adoption.
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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