Article 827. Procedure for filing a complaint of the Code of the Republic of Kazakhstan On Administrative Offenses
1. A person whose rights and freedoms are directly affected by an action (inaction) and (or) a decision of the body (official) conducting proceedings on an administrative offense has the right to file a complaint with a higher body (official) and (or) with a court for violation of the law on the preparation of a protocol on an administrative offense, if indicated information that does not correspond to the actual data and circumstances, the application of measures to ensure the proceedings in the case, the purpose and procedure for conducting an expert examination, other actions (inaction) and decision-making, with the exception of decisions taken based on the results of consideration of an administrative offense case and on a complaint (protest) against a ruling on an administrative offense case. A preliminary appeal to a higher authority (official) is not a prerequisite for filing a complaint with the court and its acceptance by the court for consideration and resolution on the merits.
2. Complaints are submitted to the body (official), the court, whose actions (inaction) and decisions are being appealed, which is obliged to send them to a higher body (official), the appropriate court within three days from the date of receipt of the complaint.
Complaints can be submitted directly to a higher authority (official), a court authorized to consider them.
3. Complaints may be oral or written. Oral complaints are recorded in a protocol, which is signed by the applicant and the official who accepted the complaint. Oral complaints presented by persons at the reception of the relevant officials are resolved on the same basis as complaints submitted in writing. Additional materials may be attached to the complaint.
4. A person who does not speak the language in which the proceedings are conducted is guaranteed the right to file a complaint in his native language or the language he speaks.
5. The person who filed the complaint has the right to withdraw it. The person against whom the case has been initiated, the victim has the right to withdraw the complaint of his defender, representative, except for the legal representative. A complaint filed in the interests of a person against whom a case has been initiated may be withdrawn only with their written consent. The withdrawal of the complaint does not prevent its re-filing.
6. The filing of a complaint does not suspend the proceedings of the contested action and the execution of the contested decision.
7. If a written application is submitted to withdraw a complaint against an action (inaction) of an official conducting administrative proceedings, the judge issues a ruling on the return of the complaint.
8. In the case of a decision on an administrative offense, complaints about the actions (inaction) and decisions of the official conducting the proceedings in the case are left without consideration by the judge or the body (official) and a ruling is issued on the return of the complaint.
President
Republic of Kazakhstan
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