On the procedure for considering applications from individuals and legal entities

Law of the Republic of Kazakhstan dated January 12, 2007 N 221

Bulletin of the Parliament of the Republic of Kazakhstan, 2007, N 2, art. 17; "Kazakhstanskaya Pravda" dated January 30, 2007 N (25261)

 

CONTENTS

This Law regulates public relations related to the submission and consideration of applications from individuals and legal entities in order to exercise and protect their rights, freedoms and legitimate interests.

 

Article 1. Basic concepts used in this Law

The following basic concepts are used in this Law:

1) application - a petition of a person for assistance in the realization of his rights and freedoms or the rights and freedoms of others, or a report on violation of laws and other regulatory legal acts, shortcomings in the work of subjects considering appeals, officials, or criticism of their activities;

2) anonymous appeal - an appeal for which it is impossible to establish authorship, there is no signature, including an electronic digital signature, the postal address of the applicant;

3) repeated appeal - an appeal received from the same person on the same issue at least two times, in which:
the decision made on the previous appeal is being appealed; it is reported about the untimely consideration of the previously sent appeal, if the established period for consideration has expired from the time of its receipt, but the applicant has not received a response; indicates other shortcomings made during the consideration and resolution of the previous appeal;

4) appeal - a proposal, application, complaint, request or response sent to the subject considering the appeal, or to an official, in writing, oral or in the form of an electronic document certified by an electronic digital signature;

5) subjects considering appeals (hereinafter referred to as subjects) - state bodies, local self-government bodies, legal entities with one hundred percent participation of the state or providing goods (works, services) in accordance with the terms of the state order and (or) state procurement, which are entitled to consider and make decisions on requests from individuals and legal entities in accordance with their competence, as well as large business entities upon requests from individuals and legal entities with whom an agreement has been concluded for the supply (performance, provision) of goods (works, services) to them;

6) registration of the appeal - fixing information on the receipt and consideration of the appeal and their reflection in the state legal statistical reporting;

7) acceptance of an appeal - an action of a subject, an official to accept an appeal from individuals and (or) legal entities;

8) consideration of an appeal - a decision made by a subject, an official within the limits of their competence on a registered appeal in accordance with the legislation of the Republic of Kazakhstan;

9) registration of an appeal - fixing in the accounting information document of brief data on the content of the appeal and assigning a registration number to each received appeal;

10) request - a request of a person to provide information on issues of interest of a personal or public nature;

11) proposal - a recommendation of a person to improve laws and other regulatory legal acts, the activities of state bodies, the development of public relations, the improvement of socio-economic and other areas of activity of the state and society;

12) response - an expression by a person of his attitude to the state's domestic and foreign policy, as well as to events and phenomena of a public nature;

13) complaint - a request of a person to restore or protect violated rights, freedoms or legitimate interests of him or other persons, to eliminate illegal actions or inaction of state bodies, local governments, legal entities with one hundred percent participation of the state or providing goods (works, services) in in accordance with the terms of the state order and (or) public procurement, large business entities at the request of individuals and legal entities with whom an agreement has been concluded for the supply (execution, provision) of goods (work, services), their officials, as well as the cancellation of their illegal solutions.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 2. Legislation of the Republic of Kazakhstan on the procedure for considering applications from individuals and legal entities

1. The legislation of the Republic of Kazakhstan on the procedure for considering applications of individuals and legal entities is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those established by this Law, then the rules of the international treaty shall apply.

 

Article 3. Scope of this Law

1. This Law applies to individuals and legal entities who have submitted applications, to subjects and officials considering applications.

2. The operation of this Law does not apply to applications of individuals and legal entities, the procedure for consideration of which is established by the legislation of the Republic of Kazakhstan on administrative offenses, criminal procedure, civil procedure legislation of the Republic of Kazakhstan.

3. Legal entities that provide goods (works, services) in accordance with the terms of the state order and (or) state procurement, consider appeals on the provision of these goods (works, services) in accordance with this Law, unless otherwise provided by the laws of the Republic of Kazakhstan ...

 

Article 4. Principles of this Law

The main principles of regulation of legal relations related to the consideration of applications from individuals and legal entities are:
1) legality;
2) the unity of the requirements for appeals;
3) guarantees of observance of the rights, freedoms and legitimate interests of individuals and legal entities;
4) the inadmissibility of manifestations of bureaucracy and red tape when considering appeals;
5) equality of individuals and legal entities;
6) transparency of the activities of subjects and officials when considering appeals.

 

Article 5. Appeals not subject to consideration

1. Not subject to consideration:
1) anonymous appeal, except for cases when such an appeal contains information about impending or committed crimes or a threat to state or public security and which is subject to immediate redirection to state bodies in accordance with their competence;
2) an appeal that does not set out the essence of the issue.

2. If the conditions that served as the basis for leaving the appeal without consideration were subsequently eliminated, the subject or official is obliged to consider the said appeal.

 

Article 6. Requirements for written application

1. The appeal should be addressed to the subject or official, whose competence is to resolve the issues raised in the appeal.

2. In the appeal of an individual, his last name, first name, and also, if desired, patronymic, mailing address, of a legal entity - its name, mailing address, outgoing number and date are indicated. The appeal must be signed by the applicant or certified with an electronic digital signature.

When filing a complaint, the name of the subject or position, the names and initials of the officials whose actions are being appealed, the reasons for the appeal and the requirements are indicated.

3. The applicant, who directly addressed the subject in writing, is issued a coupon indicating the date and time, surname and initials of the person who accepted the appeal.

 

Article 7. Reception, registration and accounting of applications of individuals and legal entities

1. Applications submitted in accordance with the procedure established by this Law are subject to compulsory acceptance, registration, accounting and consideration.
Refusal to accept the application is prohibited.

2. Registration of applications of individuals and legal entities received by state bodies, local self-government bodies, legal entities with one hundred percent participation of the state is carried out in the manner established by the state body carrying out statistical activities within its competence in the field of legal statistics and special accounting.

3. The heads of the subjects and officials bear personal responsibility for the organization of work with applications of individuals and legal entities, the state of admission, registration and accounting.

4. The appeal can be made through a representative of an individual or legal entity. Registration of a representative office is carried out in the manner prescribed by the civil legislation of the Republic of Kazakhstan.

5. Applications of individuals and legal entities received through publicly available information systems and meeting the requirements of the legislation of the Republic of Kazakhstan on an electronic document and electronic digital signature are subject to consideration in the manner prescribed by this Law.

6. An appeal received by an entity or an official, whose competence does not include the resolution of the issues raised in the appeal, shall be sent to the relevant entities within three working days, with a message to the applicant about it.
The requirement of this paragraph does not apply to large business entities.

Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 8. Terms of consideration of the appeal

1. The appeal of an individual and (or) a legal entity, for the consideration of which it is not required to obtain information from other subjects, officials, or check with a visit to the place, is considered within fifteen calendar days.

2. The appeal of an individual and (or) a legal entity, for the consideration of which it is required to obtain information from other subjects, officials, or an on-site check, is considered and a decision is made on it within thirty calendar days from the date of receipt by the subject, official.
In cases where additional study or verification is required, the review period may be extended by no more than thirty calendar days, which is communicated to the applicant within three calendar days from the date of the extension of the review period.

3. The term for consideration of the application is extended by the head of the subject or his deputy.

4. If the resolution of the issues set forth in the appeal requires a long time, then the appeal is put under additional control until its final execution, which is communicated to the applicant within three calendar days.

5. The laws of the Republic of Kazakhstan may establish other terms for considering applications.

 

Article 9. Consideration of applications of individuals and legal entities

1. Subjects and officials within their competence:
1) ensure an objective, comprehensive and timely consideration of applications from individuals and legal entities, if necessary - with their participation;
2) take measures aimed at restoring the violated rights and freedoms of individuals and legal entities;
3) inform the applicants about the results of consideration of their applications and the measures taken;
4) notify applicants about the direction of their applications for consideration to other entities or officials in accordance with their competence.

2. Acts, documents and other materials that are important for the consideration of appeals, with the exception of those containing state secrets or other secrets protected by law, are submitted within fifteen calendar days to the subjects or officials who are directly considering appeals.
Appeals about the infringement of the rights, freedoms and legitimate interests of individuals and legal entities, about numerous or gross violations of the law can be checked on site on behalf of the head of the subject.

3. Based on the results of consideration of applications, one of the following decisions is made: 1) on full or partial satisfaction of the application; 2) on refusal to satisfy the appeal with the justification for making such a decision; 3) on giving clarifications on the merits of the appeal; 4) on termination of consideration of the appeal.

4. When several applications are received on the same issue in the interests of the same person, the first appeal is registered as the main appeal, and the subsequent ones are attached to the main appeal and are considered as one appeal with the notification of the applicants about the results of their resolution within the established period, calculated from the date of receipt of the first request.

 

Article 10. Responses to appeals

1. Answers to appeals must be substantiated in content and motivated in the state language or the language of inquiry with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, with an explanation of their right to appeal the decision.

2. In the absence of any recommendations, requirements, petitions, requests for treatment are taken into account and written off to the case by the head of the subject or his deputy.

 

Article 11. Termination of consideration of applications

1. Consideration of appeals is terminated if new arguments or newly discovered circumstances are not presented in repeated appeals, and the materials of the previous appeal contain exhaustive materials of inspections and the applicants were given answers in the prescribed manner.

2. The decision to terminate the consideration of applications may be made by the head of the entity or his deputy.

 

Article 12. Appealing against decisions made based on the results of consideration of applications

A complaint about actions (inaction) of officials, as well as decisions of a subject, is submitted to a higher official or subject in the order of subordination no later than three months from the moment when an individual or legal entity became aware of the action or decision-making by the relevant subject or official. A missed deadline for appeal is not a basis for the subject or official to refuse to consider the complaint. The reasons for missing the deadline are found out when considering the complaint on the merits and may be one of the grounds for refusing to satisfy the complaint.
In the absence of a superior official or subject, or the applicant disagrees with the decision taken, the application is submitted directly to the court.

 

Article 13. Personal reception of individuals and representatives of legal entities

1. The heads of state bodies, local self-government bodies and their deputies are obliged to conduct a personal reception of citizens and representatives of legal entities, including employees of these bodies, at least once a month according to the reception schedule approved by the head of the relevant state body.

2. Reception must be held at the place of work on the days and hours established and communicated to individuals and legal entities.

3. If the appeal cannot be resolved by the official during the reception, it shall be stated in writing and the work is carried out with it as with a written appeal.

 

Article 14. Rights of individuals and legal entities when considering an appeal

An individual or legal entity who submitted an appeal has the right:
1) submit additional documents and materials in support of their appeal or ask for their reclamation;
2) present the arguments to the person considering the appeal;
3) get acquainted with the materials related to the consideration of his appeal, participate in the consideration of the appeal, if this does not violate the rights and freedoms of other persons;
4) receive a reasoned answer in writing or orally about the decision;
5) demand compensation for losses if they are the result of violations of the established procedure for considering applications;
6) appeal against the actions (inaction) of officials or a decision made on the appeal;
7) apply with a petition to terminate the consideration of the appeal, except for the cases provided for by the Tax Code of the Republic of Kazakhstan.

Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 467-IV (shall be enforced from 01.01.2012).

 

Article 15. Rights and obligations of subjects and officials

1. Subjects, officials have the right:
1) request and receive, in accordance with the established procedure, information necessary for consideration of applications;
2) apply to the court for the recovery of expenses incurred in connection with the verification of applications containing deliberately false information.

2. Subjects and officials are obliged:
1) accept and consider applications from individuals and legal entities in the manner and terms established by this Law;
2) make legal and reasonable decisions;
3) ensure control over the implementation of the decisions taken;
4) inform individuals and legal entities about the decisions taken in writing or in the form of an electronic document;
5) suppress the persecution of individuals, including those acting in the interests of a legal entity, members of their families in connection with filing an appeal to subjects and officials criticizing their activities or in order to protect rights, freedoms and legitimate interests;
6) not to send a complaint for consideration to officials whose actions (inaction) are being appealed;
7) exclude cases of imposing inspections on persons in respect of whom there is reason to believe that they are not interested in an objective solution of the issue;
8) prevent individuals and legal entities from applying to the detriment of the person who submitted it, or in whose interests it was filed;
9) not to disclose information about the personal life of individuals, including those acting in the interests of a legal entity, without their consent or information constituting state secrets or other secrets protected by law, not to allow the establishment of information about the identity of an individual that is not related to circulation;
10) analyze and generalize the appeals of individuals and legal entities, the critical remarks contained in them, study public opinion in order to improve the work and eliminate the reasons giving rise to complaints of individuals and legal entities;
11) systematically check the status of work on the consideration of applications from individuals and legal entities;
12) provide state legal statistical information on the number of received, considered applications and the results of their consideration within the time frame and volumes established by the state body carrying out, within its competence, statistical activities in the field of legal statistics and special accounting. The requirement of this subparagraph does not apply to large business entities.

Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 16. Office work on applications of individuals and legal entities

Paperwork on appeals of individuals and paperwork on appeals of legal entities in state bodies, local authorities, legal entities with one hundred percent participation of the state or providing goods (works, services) in accordance with the terms of the state order and (or) state procurement are carried out separately from other types office work in the manner established by the legislation of the Republic of Kazakhstan, in large business entities in accordance with the internal regulations on office work.

Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 10.02.2011 No. 406-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

 

Article 17. Responsibility for violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals of individuals and legal entities

Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.

 

Article 18. Procedure for the entry into force of this Law

1. This Law comes into force from the day of its official publication.

2. To recognize as invalid the Decree of the President of the Republic of Kazakhstan, having the force of law, dated June 19, 1995 N 2340 "On the procedure for considering citizens' appeals" (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, N 9-10, art. 71).

 

President of the Republic of Kazakhstan

Download: Law of the Republic of Kazakhstan "On the Procedure for Considering Applications of Individuals and Legal Entities" (399.74 Kb)

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