Comment to article 829. Complaint review procedure  The Code of the Republic of Kazakhstan on Administrative Offences  

     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.

     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 administrative court, 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.

     The decision to satisfy the complaint is subject to appeal to a specialized district and equivalent administrative court, whose decision may be appealed to a higher court, and the court's decision to a higher court.

     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.

     Part 1. When considering a complaint received from a person, a judge or an authority (official) is obliged to comprehensively, fully and objectively examine all evidence indicating the illegality of the actions of the authorities (officials) conducting proceedings on an administrative offense. To do this, the judge (official) reviewing the complaint must question the person who filed the complaint in detail about all the circumstances of the unlawful acts against him, and if there is insufficient evidence, request additional documents and question in detail the officials whose actions are being appealed.  

     Part 2. The legislation on administrative Offences of the Republic of Kazakhstan establishes a 10-day period for consideration of a complaint from the moment it is received by the authorized state body. The moment when a complaint is received by an authorized state body is the moment when the complaint is submitted in writing to the office of this body, or the moment when an official draws up a protocol on the acceptance of an oral complaint.  

     The decision on the complaint is formalized by the appropriate decision of the judge or official. The legislator provides for two types of such resolutions:

     1) about the satisfaction of the complaint;

     2) the refusal to satisfy the complaint.

     The law provides for the right of citizens to appeal against the decision of the body (official) to dismiss the complaint. Moreover, such an appeal is permissible within ten days from the moment the person receives a copy of the decision of the body (official) who refused to satisfy the complaint. The said decision may be appealed by a person to a specialized district and equivalent administrative court. If the decision to dismiss the complaint was made by a judge, it may be appealed to a higher court, whose decision is not subject to appeal.

     Part 3. After the judge (official) issues a resolution to satisfy the complaint or to refuse to satisfy the complaint, a copy of this resolution must be 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 24 hours from the date of the decision.

     Part 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. The judge (official) considering the complaint, in case of establishing illegal actions of officials conducting administrative proceedings, is obliged to cancel by his decision the illegal decision in the case of an administrative offense, as well as take measures to bring these officials to justice and compensate for the damage caused to the person as a result of illegal actions.  

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

     Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

     Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

     Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);  

     Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

     Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

     Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

     Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

     Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

     Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);  

     Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

     Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

     Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

     Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

     Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;  

     Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);  

     Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

     Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.  

     Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act:  01.01.2020 Date of adoption of the act:  01.01.2020 Place of acceptance:  100050000000 Authority that adopted the act: 103001000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  5 Status of the act:  new Sphere of legal relations:  029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act:  COMM / CODE Legal force:  1900 Language of the Act:  rus  

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases