Article 829-4. Terms of appeal, protest of the decision on the case of an administrative offense, the order on the need to pay a fine, the decision of a higher authority (official) on the complaint, protest of the Code of the Republic of Kazakhstan On Administrative Offenses
1. A complaint or protest against a decision in an administrative offense case, or a decision of a higher authority (official) on the complaint or protest, shall be filed within ten days from the date of delivery of a copy of the decision, and if the persons specified in Articles 744, 745, 746, 747, 748 and 753 of this Code do not participated in the consideration of the case – from the date of receipt of the resolution.
A complaint or protest against an order to pay a fine may be filed within ten days after the expiration of the period provided for in Article 817 of this Code.
2. A complaint or protest against a decision on an administrative offense case made in connection with non-fulfillment or improper fulfillment of a tax obligation established by the Tax Code of the Republic of Kazakhstan, or obligations provided for by the legislation of the Republic of Kazakhstan in the field of pension provision and compulsory social insurance, identified by the results of a tax audit, may be filed within thirty days. from the date of delivery or receipt of a copy of the resolution.
3. Missing the deadline for filing a complaint or protest is not grounds for refusing to accept the complaint or protest for consideration. The complaint or protest is being considered, while missing the deadline for filing a complaint or protest and their significance are checked regardless of the consideration of the complaint or protest.
4. The filing of a complaint or the filing of a protest within the time limit established by this article shall suspend the execution of a decision on the imposition of an administrative penalty or an order on the need to pay a fine until a decision is made on the complaint or protest.
5. The court has the right to suspend the execution of the decision on the imposition of an administrative penalty for the duration of consideration of the case of an administrative offense.
6. A complaint may be filed, and a protest may be filed against a party that worsens the situation of a person brought to administrative responsibility or a person against whom administrative proceedings have been terminated, within one year from the date of entry into force of the decision on the case of an administrative offense, an order on the need to pay a fine, a decision of a higher authority (official) on complaint or protest.
The footnote. Article 829-4 as amended by the Law of the Republic of Kazakhstan dated 04/20/2023 No. 227-VII (effective from 07/01/2023).
President
Republic of Kazakhstan
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