Current regulatory and legal acts are mandatory for all citizens and legal entities. But what can a citizen or organization do if, in their opinion, an existing act (for example, a ministerial order) infringes on their rights or contradicts the Constitution?
Submitting a proposal to improve a regulatory act to the body that issued the regulatory act
According to subparagraph 11 of Article 1 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", a proposal is a recommendation of a person on improving laws and other regulatory legal acts, the activities of state bodies, developing public relations, improving the socio-economic and other spheres of activity of the state and society. Thus, in order to protect their rights, a citizen may submit a proposal to cancel or amend a regulatory legal act to the body that adopted this act.
What requirements must a written proposal meet?
In accordance with Article 6 of the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities", the appeal must be addressed to the entity or official whose competence includes resolving the issues raised in the appeal. The appeal of an individual shall indicate his/her last name, first name, and optionally patronymic, postal address, and of a legal entity - its name, postal address, outgoing number and date. The appeal must be signed by the applicant or certified by an electronic digital signature. An applicant who has directly addressed the entity in writing is given a coupon indicating the date and time, last name and initials of the person who accepted the appeal.
What is the time frame for reviewing a written proposal?
According to paragraph 1 of Article 8 of the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities", an appeal from an individual and (or) legal entity, the consideration of which does not require obtaining information from other entities, officials or an on-site inspection, shall be considered within 15 calendar days. In accordance with paragraph 2 of the said article, an appeal from an individual and (or) legal entity, the consideration of which requires obtaining information from other entities, officials or an on-site inspection, shall be considered and a decision shall be made on it within 30 calendar days from the date of receipt by the entity or official. In cases where additional study or inspection is required, the consideration period may be extended by no more than 30 calendar days, which shall be reported to the applicant within 3 calendar days from the date of extension of the consideration period.
Response to a written proposal
In accordance with paragraph 1 of Article 10 of the Law "On the procedure for considering appeals from individuals and legal entities", responses to appeals must be substantiated and motivated in content in the state language or the language of the appeal with a reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, with an explanation of their right to appeal the decision taken.
Challenging the legality of a normative legal act in court
In accordance with paragraph 1 of Article 298 of the Civil Procedure Code of the Republic of Kazakhstan, a citizen or legal entity to whom a normative legal act applies, who believes that a normative legal act of a state body or official adopted and published in the manner prescribed by law violates the rights and legally protected interests of citizens or legal entities guaranteed by the Constitution of the Republic of Kazakhstan, laws and decrees of the President of the Republic of Kazakhstan, has the right to apply to the court with a statement recognizing this act as contrary to the law in whole or in part.
Filing a claim in court
According to paragraph 2, 3 of Article 298 of the Civil Procedure Code, an application by a citizen or legal entity must comply with the requirements provided for in Article 148 of the Civil Procedure Code and additionally contain information on the name of the state body or official who adopted the normative legal act, the date of its adoption, an indication of what specific rights, freedoms and legally protected interests of a citizen or legal entity are violated by this act or its individual provisions, what articles of the Constitution of the Republic of Kazakhstan, provisions of laws, decrees of the President of the Republic of Kazakhstan the contested act contradicts. A copy of the contested act or part thereof is attached to the application, indicating which mass media outlet and when the normative legal act was published.
Filing an application to the court does not suspend the effect of the regulatory legal act.
Procedure for consideration of the application
In accordance with Article 300 of the Civil Procedure Code, a citizen's case is considered within a month from the date of filing the application with the mandatory participation of the citizen or a representative of a legal entity, a prosecutor, a representative of a state body or an official who adopted a regulatory legal act. However, depending on the circumstances of the case, the court may hear the case in the absence of any of the interested parties who did not appear at the court hearing.
During the court session, the court verifies the competence of the state body or official who adopted the normative legal act, the compliance of the entire normative legal act or its individual part with the Constitution of the Republic of Kazakhstan, laws and decrees of the President of the Republic of Kazakhstan.
When considering an application for recognition of a normative legal act as contrary to law, the burden of proving the circumstances that served as the basis for the adoption of the said act is imposed on the state body or official who adopted the act.
Issuance of a court decision on recognition of a legal act as inconsistent with the law
According to paragraph 2 of Article 301 of the Civil Procedure Code, a court decision by which a normative legal act, in whole or in part, is recognized as inconsistent with the law and invalid, is binding on the state body or official who adopted this normative legal act. The decision is binding on an indefinite number of persons whose rights and freedoms, legitimate interests were covered by the contested subordinate normative legal act.
Issuance of a court decision on recognition of a legal act as being in accordance with the law
In accordance with paragraph 3 of Article 301 of the Civil Procedure Code, a court decision on the compliance or non-compliance of a normative legal act with laws has prejudicial force. The legality of a subordinate normative legal act may be challenged again by other citizens or legal entities only in that part of it that has not previously been reviewed in court.