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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2007 No. 221-III-ZRK

About procedure for consideration of appeals of physical persons and legal entities

(as amended on 26-12-2018)

This Law governs the public relations connected with giving and consideration of appeals of physical persons and legal entities for the purpose of realization and protection of their rights, freedoms and legitimate interests.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the statement - the petition of person for assistance in realization of its rights and freedoms or the rights and freedoms of other persons or the message on violation of the laws and other regulatory legal acts, shortcomings of work of the subjects considering addresses, officials, or the critic of their activities;

1-1) video conferencings - service of connection with use of information and communication technologies for interactive interaction of several removed subscribers in real time with possibility of exchange of audio-and video information;

1-2) video messages - to the directed subject considering the address or the official the individual or collective offer, the statement, the claim, request or response in video format performed by The Government for Citizens State corporation;

2) the anonymous address - the address according to which it is impossible to establish authorship there are no signature, including the digital signature, the postal address of the applicant;

3) the repeated address - the address which arrived from the same person on the same question at least two times, in which:

the decision made according to the previous address is appealed;

it is reported about untimely consideration of earlier sent appeal if since its receipt fixed term of consideration expired, but the answer is not received by the applicant;

it is pointed out other defects allowed by consideration and permission of the previous address;

3-1) online acceptance - the action of the subject, official for adoption of the address of physical and (or) legal entities by means of video conferencing performed by The Government for Citizens State corporation;

4) the address - to the directed subject considering the address or the official individual or collective written, oral or in electronic form, video conferencing, video messages, the offer, the statement, the claim, request or response;

5) the subjects considering addresses, (further - subjects) state bodies, local government bodies, legal entities with absolute participation of the state or the providing goods (works, services) in accordance with the terms of the state order and (or) the state purchase which have the right to consider and make decisions according to appeals of physical persons and legal entities according to their competence, and also subjects of big business according to appeals of physical persons and legal entities with which the delivery agreement (accomplishment, rendering) by it goods (works, services) is signed;

6) accounting of the address - fixation of data on acceptance and consideration of the address and their reflection in the state legal statistical reporting;

7) acceptance of the address - action of the subject, official for adoption of the address of physical and (or) legal entities;

8) consideration of the address - acceptance by the subject, official within the competence according to the registered circulation of the decision according to the legislation of the Republic of Kazakhstan;

9) registration of the address - fixing in the accounting information document of short data on contents of the address and assignment of registration number to each arrived address;

10) request - request of person for provision of information on the interesting questions of personal or public nature;

11) the offer - the recommendation of person about enhancement of the laws and other regulatory legal acts, activities of state bodies, development of the public relations, improvement social and economic and other fields of activity of the state and society;

12) response - expression by person of the relation to the domestic and foreign policy pursued by the state, and also to events and the phenomena of public nature;

13) the claim - the requirement of person about recovery or protection of the violated rights, freedoms or its legitimate interests or other persons, about elimination of wrongful acts or failure to act of state bodies, local government bodies, legal entities with absolute participation of the state or providing goods (works, services) in accordance with the terms of the state order and (or) the state purchase, subjects of big business according to appeals of physical persons and legal entities with which the delivery agreement (accomplishment, rendering) by it goods (works, services), their officials, and also cancellation of their illegal decisions is signed.

Article 2. Legislation of the Republic of Kazakhstan on procedure for consideration of appeals of physical persons and legal entities

1. The legislation of the Republic of Kazakhstan on procedure for consideration of appeals of physical persons 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 the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are established by this Law then are applied rules of the international treaty.

Article 3. Coverage of this Law

1. Operation of this Law extends on the physical persons and legal entity which submitted addresses to subjects and the officials considering addresses.

2. Operation of this Law does not extend to appeals of physical persons and legal entities which procedure for consideration is established by the legislation of the Republic of Kazakhstan on administrative offenses, the criminal procedure, civil procedural legislation of the Republic of Kazakhstan.

2-1. Terms of consideration of claims concerning rendering the state services are established by the Law of the Republic of Kazakhstan "About the state services".

2-2. Operation of this Law, except for Item 2 of Article 7, of the subitem 12) of Article 15 and Article 16, does not extend to the public relations connected with the appeals of physical persons and legal entities containing only the requests about provision of the information obtained or created by subjects regulated by the Law of the Republic of Kazakhstan "About information access".

2-3. The claim treatment procedure in the sphere of public procurements is performed according to this Law taking into account the features established by the legislation of the Republic of Kazakhstan on public procurements.

2-4. The claim treatment procedure on the tax matters and customs regulation is performed according to this Law taking into account the features established by the tax and customs legislation of the Republic of Kazakhstan.

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