One of the basic rights of citizens is the right to apply personally to state bodies and local self-government bodies in order to realize and protect their rights, freedoms and legitimate interests.
The appeal must be addressed to a person or an official whose competence includes resolving the issues raised in the appeal. In the appeal of an individual, his/her surname, first name, and also his/her patronymic - optional, individual identification number (if any), postal address, legal entity - its name, postal address, business identification number are indicated. The appeal must be signed by an individual or representative of a legal entity.
When filing a complaint, the name of the person or position, the names and initials of officials whose actions are appealed, motives of appeal and demands are indicated.
An applicant who directly applied in writing or by means of a video message to the person is issued a coupon indicating the date and time, the surname and initials of the person who accepted the appeal.
The appeals are subject to compulsory admission, registration, record and review. Refusal to accept treatment is prohibited.
Not subject to consideration:
- an anonymous appeal, except for cases when such an appeal contains information about criminal offenses being prepared or committed, or about a threat to state or public security and that is subject to immediate redirection to state bodies in accordance with their competence;
- an appeal in which the essence of the matter is not stated.
The appeal must be addressed to a person or an official whose competence includes resolving the issues raised in the appeal. If the authority of the official does not include the resolution of the issues put in the appeal, the applicant shall be notified of this within a period of not more than three working days from the date of receipt.
Based on the results of consideration of appeals, one of the following decisions is made:
- on full or partial satisfaction of the appeal;
- on the refusal to satisfy the appeal with the justification for the adoption of such a decision;
- on giving clarification on the substance of the appeal;
- on the termination of consideration of the appeal.
Responses to appeals must be substantiated and motivated in the state language or language of the appeal with reference to the legislation of the Republic of Kazakhstan, contain specific facts that refute or confirm the applicant's arguments, explaining their right to appeal against the decision.
Terms of consideration of the appeal
The appeal of an individual and/or legal entity, for consideration of which information from other entities, officials or an on-site inspection is not required, is considered within fifteen calendar days from the date of receipt to the person, the official.
The appeal of an individual and/or legal entity, for consideration of which information from other entities, officials or an on-site inspection is required, is considered and a decision is made within thirty calendar days from the date of receipt to the person, the official.
In cases where further examination or verification is required, the examination period is extended for no more than thirty calendar days, which is notified to the applicant within three calendar days from the date of extension of the review period. The term for consideration on appeal shall be extended by the manager of the person or his deputy.
If the resolution of the issues set out in the appeal requires a long period of time, the appeal is placed on additional control until its final execution, which is notified to the applicant within three calendar days from the date of the decision.
Personal reception of individuals and representatives of legal entities
Heads of state bodies, bodies of local self-government 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 schedule of admission, approved by the head of the relevant state body. Reception should be conducted at the place of work in the days and hours specified and communicated to individuals and legal entities. If the appeal can not be resolved by an official at the time of admission, it is stated in writing and work is carried out with it as a written appeal.
An individual or legal entity that submitted the appeal has the right:
- to submit additional documents and materials in support of their appeal or to request their reclamation;
- to expound the arguments to the person considering the appeal;
- to familiarize with the materials connected with consideration of his appeal, to participate in consideration of the appeal, if it does not violate the rights, freedom of other persons;
- to receive a motivated answer in writing or orally about the decision taken;
- to claim damages if they are the result of violations of the established procedure for handling appeals;
- to appeal against actions (inaction) of officials or a decision taken on appeal;
- to apply for the termination of consideration of the appeal, except for cases provided for by the tax and customs legislation of the Republic of Kazakhstan.
Persons, officials have the right:
- to request and receive, in accordance with the established procedure, information necessary for the consideration of appeals;
- to apply to the court for recovery of expenses incurred in connection with the verification of appeals containing knowingly false information.
Persons and officials are required to:
- to receive and consider appeals of individuals and legal entities in the order and terms established by the Law;
- to take legal and informed decisions;
- to ensure control over the implementation of decisions taken;
- to inform individuals and legal persons about the decisions taken in writing or in the form of an electronic document;
- to stop the prosecution of individuals, including those who act in the interests of a legal entity, their family members in connection with the submission of an appeal to persons and officials criticizing their activities or for the protection of rights, freedoms and legitimate interests;
- not to send a complaint for consideration to officials whose actions (inactivity) are being appealed;
- to exclude cases of assigning inspections to persons for whom there are reasons to believe that they are not interested in an objective solution of the matter;
- not to allow the appeal of individuals and legal entities to the detriment of the person who submitted it, or in whose interests it was filed;
- not to disclose information about the personal lives of individuals, including those acting in the interests of a legal entity, without their consent or information, constituting state secrets or other secret protected by law, not to allow the establishment of data on the identity of a natural person not related to conversion;
- to analyze and summarize appeals of individuals and legal entities, contain critical remarks, study public opinion in order to improve work and eliminate the causes that cause complaints of individuals and legal entities;
- to systematically check the status of work on the consideration of appeals of individuals and legal entities;
- to provide state legal statistical information on the number of received, reviewed appeals and the results of their consideration in terms and amounts that are established by the state body that carries out, within its competence, statistical activities in the field of legal statistics and special accounts. The requirement of this subparagraph does not apply to persons of large business.
