Article 829. The procedure for reviewing a complaint of the Code of the Republic of Kazakhstan On Administrative Offenses
1. When considering a complaint, a judge or body (official) is obliged to comprehensively verify the arguments set out in it, request additional materials, if necessary, and receive explanations from relevant officials, individuals and legal entities regarding the actions (inaction) and decisions being appealed.
The complaint filed at the time of consideration of the administrative offense case is transferred to another judge, to the body (official) in charge of the case, for their joint consideration, and a ruling is issued.
2. The complaint is subject to consideration within ten days from the date of receipt. The period of consideration of the complaint may be extended, if necessary, up to ten days. The failure of a duly notified person is not an obstacle to the consideration of the complaint.
The decision to dismiss the complaint is subject to appeal within ten days from the date of receipt of a copy of the decision of the body (official) in a specialized district and equivalent court for administrative offenses, the decision of which can be appealed to a higher court, and the court decision – to a higher court, the decisions of which are not subject to appeal.
An appeal petition of the prosecutor may be filed against the decision to satisfy the complaint with a specialized district and equivalent court for administrative offenses, against which an appeal petition of the prosecutor may be filed with a higher court, and against the court decision with a higher court.
2-1. The time limit for considering a complaint about actions (inaction) and decisions of the body (official) conducting proceedings on an administrative offense case may be suspended in cases of force majeure preventing further proceedings on the case.
3. The resolution is immediately handed over to an individual or a representative of a legal entity, and in the absence of these persons, it is sent to them within three days from the date of the resolution.
4. The body (official) or judge considering the complaint is obliged, within the limits of its powers, to immediately take measures to restore the violated rights and legitimate interests of participants in the proceedings on an administrative offense, as well as other persons.
President
Republic of Kazakhstan
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