On the order of consideration of treatments of natural and legal persons
Law of the Republic of Kazakhstan from January 12, 2007 N 221
Bulletin of the Parliament of the Republic of Kazakhstan, 2007, N 2, art. 17
"Kazakhstanskaya Pravda" from 30 January, 2007 N (25261) ________________________________________ CONTENTS
This law regulates the social relations associated with the filing and consideration of appeals of natural and legal persons so as to realize and protect their rights, freedoms and legitimate interests.
Article 1. Basic concepts used in this Law
In this Law the following basic concepts are used:
1) an treatment - the applicant for assistance in realizing their rights and freedoms or the rights and freedoms of others or reported violations of the laws and other normative legal acts, deficiencies in the work of actors, considering treatment, officials, or criticism of their activities;
2) an anonymous treatment - treatment which is impossible to establish authorship, no signature, including digital signature, mailing address of the applicant;
3) re-treatment - treatment received by the same person on the same question at least two times, in which:
appealed the decision taken by the previous treatment;
reported untimely considering a previous treatment, if it proceeds with a time of the review period has expired, but the response is not received by the applicant;
points to other flaws in the consideration and resolution of the previous treatment;
4) treatment - addressed to subject considering treatment, or officer, individually or collectively written, oral or in the form of an electronic document, a certified digital signature, the proposal, treatment, complaint, inquiry or response;
5) subjects, considering the treatment, (hereinafter - the subjects) – state structures, local governments, legal persons with a hundred-percent state participation or provision of goods (works, services) in accordance with the terms of public order and (or) public procurement, which may be considered and make decisions on the appeals of individuals and entities under their jurisdiction;
6) accounting treatment - recording information on the reception and consideration of treatment and their reflection in the state legal statistical reporting;
7) receiving treatment - the action of the subject, an official for the adoption of the treatment of natural and (or) legal persons;
8) review of the treatment - taking the subject, an official within the competence of the registered treatment decisions in accordance with the laws of the Republic of Kazakhstan;
9) register addresses - fixed in your white paper summary data on the content of treatment and assign a log number to each received a petition;
10) request - a request of the person to provide information on issues of interest personal or public nature;
11) proposal - a recommendation of the person to improve laws and other normative legal acts of public authorities, the development of public relations, social-economic and other spheres of state and society;
12) response - an expression of his relationship to a person pursued by the state of domestic and foreign policies, as well as to events and phenomena of social nature;
13) the complaint - a requirement for the restoration of the person or the protection of rights, freedoms or legitimate interests, the elimination of unlawful acts or omissions of officials, as well as cancellation of illegal decisions of subjects.
Article 2. Legislation of the Republic of Kazakhstan on the order of consideration of treatments of individuals and entities
2. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules than those established by this Act, the rules of international treaty.
Article 3. The act of this Law
1. This law applies to individuals and entities that have applied for treatment to the subjects and officials are considering the treatment.
2. This Law isn’t applied to treatment of physical and legal persons, the procedure for consideration by the legislation of the Republic of Kazakhstan on Administrative Violations, criminal procedure, civil procedural legislation of the Republic of Kazakhstan.
3. Legal entities that provide goods (works, services) in accordance with the terms of public order and (or) public procurement, consider treatment for the provision of such goods (works, services) in accordance with this Law, unless otherwise stipulated by the laws of the Republic of Kazakhstan.
Article 4. The principles of this act
The basic principles of regulating relations associated with the consideration of complaints of physical and legal persons are:
1) legality;
2) the unity of the requirements for treatment;
3) safeguarding the rights, freedoms and lawful interests of individuals and legal entities;
4) the inadmissibility of the manifestations of bureaucracy and red tape when considering appeals;
5) the equality of individuals and legal entities;
6) transparency of entities and officials in considering appeals.
Article 5. Statements which are not to be considered
1. Not to be considered:
1) the anonymous treatment, except cases where such treatment provides information about planned or committed crimes or the threat of national security or public safety, and which shall be immediately redirected to the state authorities in accordance with their competence;
2) treatment, which is not the essence of the issue.
2. If the conditions giving rise to the abandonment of treatment without consideration, were subsequently removed, the subject or official must consider the specified address.
Article 6. Requirements for the written request
1. Treatment should be addressed to the subject or to the official whose jurisdiction includes the resolution set out in the outstanding issues.
2. Outstanding individual indicates his surname, first name, and optional middle name, mailing address, a legal person - his name, mailing address, reference number and date. Treatment shall be signed by the applicant or certified digital signature.
When filing a complaint the name of the subject or title, names and initials of officials whose actions are appealed, the reasons for treatment and requirements are specified.
3. Applicant who directly addressed to subject, gets issued card with the date and time, names and initials of the person accepting treatment.
Article 7. Admission, registration and recording of treatment of natural and legal persons
1. Appeals filed in the order prescribed by this Law are subject to compulsory admission, registration, accounting and review.
Refusal to accept treatment is prohibited.
2. Accounting requests of individuals and legal persons shall be as prescribed by state authority, within its competence, the statistical activities in the field of legal statistics and special accounts.
3. Personal responsibility for the organization of work with references of individuals and legal entities, the state of the reception, recording and accounting are the subjects of the leaders and officials.
4. Appeal may be made through the representative of the person or entity. Design representations made in the order prescribed by the civil legislation of the Republic of Kazakhstan.
5. Treatments of individuals and entities received by a public information systems and relevant requirements of the legislation of the Republic of Kazakhstan on the electronic document and digital signature, subject to review in the order prescribed by this Law.
6. Treatment received entity or official in whose jurisdiction does not include permission to use the set of questions, not later than three working days to the relevant stakeholders with a message about this applicant.
Article 8. Time constraints of consideration of treatments
1. Treatment of natural and (or) a legal person, for consideration which does not require obtaining information from other entities, officers, or check on-site, is considered within fifteen calendar days.
2. Treatment of the natural and (or) legal entities, for consideration which requires to receive information from other entities, officers, or check on-site, is considered and decision is made thereon within thirty calendar days from the date of receipt of the subject, officer.
In cases where necessary to conduct additional investigation or verification, this term may be extended for not more than thirty calendar days, as reported by the applicant within three calendar days from the date of renewal consideration.
3. Time constraints of consideration of treatment are extended by the head of the subject or his deputy.
4. If the issues outlined in the treatment requires a long period, the treatment is placed on additional monitoring until its final performance, as reported by the applicant within three calendar days.
5. Laws of the Republic of Kazakhstan may set different deadlines for processing treatments.
Article 9. Consideration of treatments of natural and legal person
1. Subjects and officials within its jurisdiction:
1) provide an objective, thorough and timely consideration of treatments of natural and legal persons, if it’s necessary - with their participation; 2) Take measures aimed at restoring the violated rights and freedoms of natural persons and legal entities;
3) inform the applicant of the outcome of their appeals and action taken;
4) notify the applicants to send their treatments for consideration by other entities or officials in accordance with their competence.
2. Records, documents and other material relevant to the consideration of appeals, except those containing state secrets or other secrets protected by law are submitted within fifteen calendar days of entities or officials directly addressing treatment.
Statements about the infringement of rights, freedoms and lawful interests of individuals and legal entities of the multiple or gross violations of the law can be verified on-site at the request of the head of the subject.
3. By results of consideration of treatments one of the following decisions should be made: 1) the full or partial satisfaction of the treatment;
2) refusal of treatment rationale for the decision;
3) give interpretations on the merits of treatment;
4) discontinue a consideration of treatment.
4. At the receiving several treatments on the same subject for the same person his/her first appeal is registered as a primary treatment and follow-up attached to the main treatment and are treated as one treatment to notify applicants of the results of their solution within the prescribed period, calculated from the date of receipt of the first treatment.
Article 10. Responses to treatment
1. Responses to treatment must be justified on the content and motivated in the
state language or the language of treatment with reference to the legislation of the Republic of Kazakhstan, include specific facts to refute or confirm the applicant's arguments, explaining their right to appeal the decision.
2. In the absence of any recommendations, requirements, applications, requests for treatment are noted and debited to the head of the subject or his deputy.
Article 11. Termination of consideration of treatments
1.Consideration of the treatment is terminated, if repeated applications don’t include new arguments or newly discovered evidence, and proceedings of the previous treatment has comprehensive materials inspection and applicants in due course given the answers.
2.The decision to cease consideration of applications may be taken by the head of the subject or his deputy.
Article 12. Appeals against decisions taken on the results of consideration of applications
The complaint against actions (inaction) of officials, as well as the outcomes of the subject is fed a higher official or entity in the chain of command within three months from the date the person or entity became aware of an action or decision the relevant entity or official. Missed period for appeal is not a basis for an entity or official denial of the complaint. The reasons for crossing the period being investigated when considering the merits and may be one reason to dismiss the complaint.
In the absence of a superior officer or entity or an applicant disagrees with the decision statement is filed directly in court.
Article 13. Personal acceptance of individuals and representatives of legal entities
1.Heads of state bodies, local authorities and their deputies are obliged to carry out personal reception of citizens and representatives of legal persons, including employees of these bodies, at least once a month as scheduled, hours approved by the head of the relevant public authority.
2.Admission must be at work within the established and brought to the attention of individuals and entities days and hours.
3. If treatment can not be allowed by official during the reception, it is made in writing and process is held as a written appeal.
Article 14. Rights of individuals and entities at consideration of treatment
Physical or juridical person who filed the appeal, is entitled:
1) to submit additional documents and materials in support of his treatment or to ask about their reclamation;
2) present argument to person reviewing treatment;
3) to learn the material associated with the consideration of his request, to participate in the consideration of treatment if it does not violate the rights and freedoms of other persons;
4) to obtain a reasoned response in writing or orally of the decision;
5) to claim damages if they were the result of violations of established procedure for processing applications;
6) appeal against actions (inaction) of officials or the decision on treatment;
7) petition to discontinue a treatment.
Article 15. Rights and duties of subjects and officers
1. Subjects, officials have the right:
1) To request and receive in due course need to consider appeals information;
2) go to court to recover costs incurred in connection with verifying applications containing false information.
2. Subjects and officials must: 1) receive and consider communications from individuals and legal entities in the order and time limits set forth in this Law;
2) to take lawful and informed decisions;
3) to oversee the implementation of taken decisions;
4) to report physical and legal persons of the taken decisions in writing or in the form of an electronic document;
5) To prevent harassment of individuals, including those acting in the interests of legal persons, their families, in connection with the petition stakeholders and officials from criticism of their activities or to protect the rights, freedoms and legitimate interests;
6) not to send a complaint to the officials whose actions (inaction) which are appealed;
7) to exclude cases of placing checks on persons against whom there is reason to believe that they are not interested in an objective addressing the issue;
8) not to allow the treatment of individuals and entities to the detriment of the person submitting it or for which it was filed;
9) not to disclose information about the personal lives of individuals, including those acting in the interest of a legal person, without their consent or knowledge constituting state secrets or other secrets protected by law, to prevent the establishment of the identity of an individual not related to treatment;
10) to analyze and summarize the treatment of individuals and entities contained in these criticisms, to study public opinion in order to improve the work and eliminate the causes of complaints of physical and legal persons;
11) check systematically the status of work on the petitions of individuals and legal entities;
12) to provide public legal statistics on the number received, considering appeals and their outcome in terms and amounts as are established by public authority, within its competence, the statistical work in the field of legal statistics and special accounts.
Article 16. Paperwork on the treatments of natural and legal persons
Paperwork on the treatments of individuals and the prosecution of the appeals of legal entities are separate from other types of equipment in the order prescribed by the legislation of the Republic of Kazakhstan.
Article 17. Responsibility for violation of the law of the Republic of Kazakhstan on the order of consideration of treatments of natural and legal persons
Violation of the legislation of the Republic of Kazakhstan on the order of consideration of treatments of individuals and entities subject to penalties in accordance with the laws of the Republic of Kazakhstan.
Article 18. The order of consummate of this Law
1. This Law consummates from the date of its official publication.
2. To nullify Decree of the President of the Republic of Kazakhstan having the force of law, from June 19, 1995 N 2340 "On the order of consideration of treatments of citizens" (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, N 9-10, art. 71).
The president
of the Republic of Kazakhstan
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