Procedure to dispute the decisions made on the basis of results of the appeal consideration

Administrative act appealing: submitting, consideration,

and decision of appealing

 According to Article 91 of the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Code), a participant in administrative procedure has the right to appeal against an administrative act, administrative action (inaction) not related to the adoption of administrative act, in an administrative (pre-trial) manner.

An administrative body, the official whose administrative act, administrative action (inaction) is appealed, no later than three working days from the date of the receipt of complaint, shall send it alongside with the administrative case to the body considering the complaint.

Therewith, an administrative body, an official whose administrative act, administrative action (inaction) is being appealed has the right not to send a complaint to the body considering the complaint, if within three working days the respective body adopts a favorable administrative act, performs administrative action that fully meets the requirements specified in the complaint.

Unless otherwise provided by law, an appeal to a court shall be allowed after a pre-trial appeal.

The deadline for filing a complaint is no later than three months from the day when the participant in the administrative procedure became aware of the adoption of an administrative act or the commission of administrative action (inaction).

If the deadline is missed due to a valid reason, this deadline, at the request of a participant in the administrative procedure, can be restored by the body considering the complaint, unless otherwise provided by the laws of the Republic of Kazakhstan. Illness, force majeure circumstances and other reasons that deprive a person of the opportunity to file a complaint are recognized as valid reasons.

The missed deadline for appeal may not be a ground for refusal to accept the complaint by the body considering the complaint. This means, that  the administrative body accepts the complaint in any case, and during the consideration of the complaint, the reasons for missing the deadline are already being clarified, and they may be considered as the grounds for refusing to satisfy the complaint.

The complaint is submitted in writing (paper and (or) electronic) form. The requirements for the content of the complaint are unfolded further in Article 93 of the Code.

A complaint filed in the manner prescribed by the Code is subject to acceptance, registration, accounting and consideration. A refund is provided if the complaint does not comply with the requirements of the Code, with a mandatory indication of what exactly does not comply. Refunds do not preclude repeated referrals. After the registration of the complaint, the participant in the administrative procedure is obliged to explain his rights and obligations when considering the complaint.

If the administrative body has made a decision to leave the complaint without consideration, the applicant is notified about this within three working days from the date of the decision. After the elimination of circumstances that served as the basis for leaving the complaint without consideration, the participant has the right to re-submit the complaint in the administrative procedure.

Filing a complaint suspends the execution of an administrative act, an administrative action, except for the cases mentioned in Article 96 of the Code.

Having considered the complaint, the body considering the complaint shall make one of the following decisions:

1) on the cancellation of the administrative act;

2) on the cancellation of the administrative act and adoption of a new administrative act;

3) on the commission of administrative action;

4) on leaving the complaint without satisfaction;

5) on forwarding the administrative case to an administrative body, to an official whose administrative act, administrative action (inaction) is being appealed, for the implementation of the administrative procedure, indicating the violations committed and proposals for their elimination;

6) on the rejection of the complaint.

Upon completion of the consideration of the complaint on merits, a decision shall be made in writing, which shall be sent to the participant in the administrative procedure, with a copy of the decision sent to the administrative body, the official whose administrative act, administrative action (inaction) is being appealed

The decision of the body considering the complaint is binding. If the body considering the complaint, within the time limits established by the Code, did not make a decision on the results of the consideration of the complaint, then from the date of expiry of the time limits, it is considered that the body considering the complaint has refused to satisfy the complaint.

In case of disagreement with the decision of the body considering the complaint, the participant in the administrative procedure has the right to appeal the administrative act, administrative action (inaction) to another body considering the complaint, or to the court.

The complaint is sent to the National Bank by mail, and can also be submitted by the applicants personally or delivered by courier to the following address: Astana city, Esil district, Mangilik El avenue, building 57A. In addition, a complaint can be sent through the application platform https://eotinish.kz/, as well as the Natizhe centers under the Government for Citizens NJSC.

A complaint sent directly by the applicant or delivered by courier is accepted by an employee of the organizational work and control unit of the National Bank, phone №: 8 (7172) 775117 (ext. 1632).

Addresses and Contact Details of the  Branches of the National Bank are given below. 

Addresses and Contact Details of the  Branches of the National Bank