Filing a complaint with the prosecution authorities Printable versionLast update: 25.11.2020
If you decide to write a complaint to the Prosecutor's Office, and do not know how and in what form to write a complaint, this useful information will help you find answers to your questions and without much difficulty to write a complaint or appeal to the prosecutor's office. The complaint to the Prosecutor's Office is written in an arbitrary form. However, it is necessary to follow the general rules of business correspondence and provide the necessary data. Complaints are accepted in writing in the State language, in the language of inter-ethnic communication, in the native language or in any other language spoken by citizens.
The following information should be included in the complaint:
- an applicant's surname, name and patronymic;
- an address of the place of residence;
- surname, name and patronymic of the person whose rights have been violated (if the complaint is written in the interests of another person);
- surname, name and patronymic of the official or name of the state body (organization) which, in the opinion of the applicant, allowed the violation of rights;
- a brief description of the case or incident, the time of the incident;
- what kind of action the applicant is expecting;
- date and personal signature.
You can file a complaint about:
- decisions of heads of departments, independent directorates and divisions of the Office of the Prosecutor General, regional prosecutors and their equivalents;
- actions of prosecutors;
- decisions and actions of central state bodies and their officials;
- judicial acts of district, oblast and equivalent courts that have come into force, if the appeal is accompanied by copies of the answer of the oblast prosecutor, the prosecutor equivalent to him or her, or the decision of the oblast supervising instance or the court equivalent to him or her;
- judicial acts of the Supreme Court of the Republic of Kazakhstan issued during the consideration of cases at first instance, in the appellate and supervisory procedure;
- other actions (inactions) and decisions of officials and organizations leading to the violation of your constitutional rights.
Deadlines for submission of citizens' appeals:
- Complaint on action or inaction of officials of public prosecutor's offices, and also on the decisions accepted by results of consideration of references, is submitted to the higher prosecutor in an order of submission not later than three months from the moment when to the physical or legal person became known about fulfilment of action (inaction) or decision-making by the corresponding prosecutor.
- Complaint against decisions on the results of consideration of the citizen's appeal (including the actions (inaction) of the official related to the consideration of the appeal) shall be filed not later than three months, when the citizen became aware of the adoption of the appealed decision (the commission of the disputed action);
- Appeals with an indistinguishable text or those that lack information sufficient for their resolution (about the body that adopted the decision under appeal, the time of its adoption, etc.) shall be returned to the applicants within 5 days with an offer to fill in the missing data;
- A missed deadline for appeal is not a reason for a state body or official to refuse to accept a complaint. The reasons for the absence of the deadline are clarified in the consideration of the merits of the complaint and may be one of the grounds for refusing to satisfy the complaint. The deadline missed for a valid reason shall be restored by the body considering the complaint.
Appeals that do not contain information about the applicant (surname, name, patronymic, signature, data on the place of residence, work or study) are considered anonymous and are left without consideration, except in cases provided by law. The prosecutor has the right not to disclose the source of information in the interests of the applicant. If there are any reports in such appeals about the crimes being prepared or committed, they are forwarded to law enforcement agencies as appropriate.
When considering appeals, the procurator is obliged to verify in detail and objectively the arguments set out in them, to establish and investigate the factual circumstances surrounding the appeal, to obtain, if necessary, explanations from officials and other persons regarding the actions and decisions appealed against, to request and study the necessary materials, to determine correctly and to apply the rules of law to be applied in making decisions on the appeal.
During the consideration of complaints, one of the following decisions must be taken by the procuratorial authorities:
- About being accepted for proceedings.
- About transferring to lower-level prosecutor's office for decision.
- About the referral to other bodies.
- To join an earlier appeal.
The following is not allowed when considering appeals:
- Filing of a complaint or statement to the detriment of the person who filed it or in the interests of whom it was filed.
- Referrals to officials who do not have the authority to authorize them, or whose actions are being appealed against.
- Assign audits to persons with respect to whom there are grounds to believe that they are not interested in an objective resolution of the issue.
- Disclose information about the private life of citizens without their consent or information constituting state or other secrets protected by law, and other information.
- Establish the identity of the citizen, which is not related to the treatment.
The appeals arriving in bodies of public prosecutor's office are resolved not later than 30 days from the date of receipt in public prosecutor's office, and not demanding additional studying and check - not later than 15 days. In cases where further verification is required, the time limit may be extended by the head of the prosecution service or his deputy, but not for more than one month, as reported to the author.
Appeals are considered admissible and are not subject to control if the questions posed in them have been considered, the necessary measures have been taken, and the authors have received motivated and exhaustive written replies.