Article 91. Appeal procedure Administrative Procedural Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 91. Appeal procedure Administrative Procedural Procedure Code of the Republic of Kazakhstan

1. A participant in an administrative procedure has the right to appeal an administrative act, an administrative action (inaction) not related to the adoption of an administrative act, in an administrative (pre-trial) manner.

In the cases provided for by this Code, a participant in an administrative procedure has the right to appeal an administrative action (inaction) related to the adoption of an administrative act.

2. If an administrative body or official has not adopted an administrative act or performed an administrative act within the time limits established by this Code, then from the date of expiry of the time limits, it is considered that the administrative body or official has refused to adopt an administrative act or perform an administrative act.

3. Consideration of a complaint in an administrative (pre–trial) manner is carried out by a higher administrative body, an official (hereinafter referred to as the body considering the complaint).

For the purposes of this Code, the body considering the complaint is an administrative body, an official, with the exception of the President of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, who are superior in the order of subordination to the administrative body, an official whose administrative act, administrative action (inaction) is being appealed, as well as other administrative the body or official authorized in accordance with the laws of the Republic of Kazakhstan to consider complaints.

Note. The second paragraph of this part does not apply to a complaint by a State body or a state-owned legal entity against a decision of another state body or a state-owned legal entity.

4. A complaint is filed with an administrative body, an official, whose administrative act, administrative action (inaction) is being appealed.

An administrative body, an official whose administrative act or administrative action (inaction) is being appealed, shall forward it and the administrative case to the body reviewing the complaint no later than three working days from the date of receipt of the complaint.

At the same time, an administrative body, an official whose administrative act, administrative action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint if he/she, within three working days, adopts a favorable administrative act or commits an administrative action that fully satisfies the requirements specified in the complaint.

4-1. The provisions of part four of this article shall apply to a complaint by a state body or a state legal entity against a decision of another state body or a state legal entity.

4-2. In case of refusal to satisfy a complaint of a state body or a state legal entity against a decision of another state body or a state legal entity, the applicant has the right to appeal such refusal in accordance with the procedure established by this article and the regulations of the Government of the Republic of Kazakhstan. However, this provision does not apply to complaints filed against government agencies directly subordinate to and accountable to the President of the Republic of Kazakhstan.

5. Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of applying to a court without having to appeal to a higher authority, the administrative body, official, administrative act, administrative action (inaction) which are being challenged, along with the recall, they submit to the court the reasoned position of the head of a higher administrative body, an official.

6. In the absence of a higher administrative body or official, an administrative act or administrative action (inaction) may be appealed in court, which is notified to the participant in the administrative procedure by the administrative body whose administrative act or administrative action (inaction) is being appealed when making a decision on an administrative case.

Note. This part does not apply to a complaint by a State body or a state-owned legal entity against a decision of another State body or a state-owned legal entity.

7. Complaints are considered by the prosecutor's office on the grounds, within the limits and in accordance with the procedure established by the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office".

Note. For the purposes of Chapters 13, 14 and 15 of Section 3 of this Code, a branch of the National Bank of the Republic of Kazakhstan is equated to an administrative body, whose administrative act, administrative action (inaction) may be appealed administratively (pre-trial).

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases