Article 848. The procedure and reasons for claiming cases and considering petitions for bringing a protest against the judicial acts of the Code of the Republic of Kazakhstan on Administrative Offenses that have entered into force  

   1. An administrative offense case may be requested from the relevant court for review in cassation by the Chairman, the Chairman of the judicial board of the Supreme Court of the Republic of Kazakhstan, as well as the Prosecutor General of the Republic of Kazakhstan, his deputies, regional prosecutors and equivalent prosecutors.

     2. The grounds for requesting cases are the petitions of the persons specified in part four of Article 851 of this Code, as well as the initiative of the Chairman of the Supreme Court of the Republic of Kazakhstan, the Prosecutor General of the Republic of Kazakhstan within their competence.

     3. A request for the recovery of a case shall be executed by the court no later than seven days from the date of its receipt by the court. The request can be sent in writing or in the form of an electronic document.

     4. Cases of administrative offences are not subject to cassation review, except for the cases provided for in part five of Article 851 of this Code.

     5. Decisions that have entered into legal force in cases of administrative offenses may be reviewed on the proposal of the Chairman, Chairman of the judicial board of the Supreme Court of the Republic of Kazakhstan, as well as on the protest of the Prosecutor General of the Republic of Kazakhstan or his deputy, if there are grounds provided for in part five of Article 851 of this Code.

     6. The submission and protest are sent together with the case to the judicial board of the Supreme Court of the Republic of Kazakhstan.

     Copies of the protest are sent by the prosecutor to the persons involved in the case.

     7. In the case of a claim for a case, a petition for making a submission or bringing a cassation protest is subject to consideration within thirty working days from the date of receipt of the case.

     8. A petition for making a submission or bringing a protest is submitted in writing or in the form of an electronic document certified with an electronic digital signature, and must contain:

     1) the name of the official to whom the petition is addressed;

     2) the name of the person submitting the petition; his place of residence or location and the procedural status of the case;

     3) an indication of the courts that considered the case in the first instance, the appellate instances, and the content of their decisions;

     4) an indication of the judicial act for which the petition is being filed;

     5) Indication:

     what serious irreversible consequences for the life, health of people or for the economy and security of the Republic of Kazakhstan can lead to the execution of the decree;

     what rights and legitimate interests of an unspecified group of people or other public interests are violated by the resolution;

     how does the adopted resolution violate the uniformity in the interpretation and application of legal norms by courts, authorized bodies (officials);

     6) an indication of the request of the person submitting the application.

     9. The petition must be signed by the person submitting the petition or his representative. A power of attorney or other document certifying the representative's authority must be attached to the application submitted by the representative.

     10. The petition is subject to return to the persons who submitted them, in case of non-compliance with the requirements of this article.

     11. The person who filed the petition has the right to withdraw it by filing an application to the court of cassation instance before considering the petition.

President    

Republic of Kazakhstan     

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