1. Appeal filed in accordance with the procedure established by this Code is subject to
compulsory acceptance, registration, accounting, and consideration.
Refusal to accept the appeal shall be prohibited.
2. In case of filing an appeal with a state body, local self-government body, a legal entity
with one hundred percent participation of the state, the applicant shall be issued a coupon
containing a unique number, indicating the date and time, surname and initials, position of the
person who accepted the appeal.
3. Appeal shall be registered on the day of its receipt.
If the appeal is received on a non-working day, it shall be registered on the next following
working day.
4. Appeals received through publicly available information systems and meeting the
requirements of the legislation of the Republic of Kazakhstan on electronic documents and
electronic digital signatures are subject to consideration in the manner prescribed by this Code
.
Note!
The effect of part five is suspended until 01.01.2026 in accordance with Article 175 of
this Code and during the suspension period this paragraph is valid in the following wording:
5. The procedure for applying of participants in the administrative procedure through
videoconference to the heads of state bodies and their deputies is determined by the
authorized body in the field of informatization.
6. In case of non-compliance of the appeal with the requirements established by Article 63
of this Code, an administrative body, an official shall indicate to the applicant the
requirements the appeal does not meet, shall establish a reasonable period for bringing it into
compliance with the requirements.
7. An administrative body, an official shall return the appeal, if the applicant has not
brought it into compliance with the requirements of the legislation of the Republic of
Kazakhstan within the period established by the administrative body, the official.
8. The return of the appeal shall not preclude the repeated appeal.
9. The applicant, prior to making a decision on the administrative case, may withdraw the
appeal based on his (her) written application.
Withdrawal of the appeal by the applicant shall not deprive him (her) of the right to file a
repeated appeal, subject to the deadlines unless otherwise provided by the laws of the
Republic of Kazakhstan.

Placing documents and materials of administrative case on the electronic services of a
court shall be equivalent to sending documents to persons participating in administrative case.
Acquaintance with documents and materials of administrative case in courts in the form of
an electronic document shall be carried out in the manner prescribed by the legislation of the
Republic of Kazakhstan.

1. The court shall make a decision based on its inner conviction, based on the results of a
direct study of the circumstances of the administrative case. The decision shall be taken in the
name of the Republic of Kazakhstan.
2. The decision of the court shall consist of introductory, descriptive, motivating, and
operative parts.
3. The content of the introductory, descriptive and operative parts of the court decision, as
well as the procedure for correcting explicit mistakes and arithmetic errors in them, for
making an additional decision shall be determined in accordance with the requirements of the
Civil Procedure Code of the Republic of Kazakhstan, with the exception of the question of
clarifying the court decision.
In the operative part of the decision, the court shall indicate the onset of the legal
consequences of its failure, taking into account the requirements established by parts five and
nine of Article 127 of this Code and in accordance with the laws of the Republic of
Kazakhstan.
4. The reasoning part of the court decision shall contain:
1) circumstances of the dispute;
2) lawsuits and their justification;
3) evidence, the court bases its decision on;
4) arguments on which the court rejected any evidence;
5) justification why the court does not agree with each of the arguments of the participants
in the administrative proceeding;
6) norms of the legislation of the Republic of Kazakhstan;
7) conclusions of the court on each of the stated requirements.
If the defendant recognizes the lawsuit, the motivation part may indicate only the
recognition of the lawsuit and its acceptance by the court.
The court decision shall be taken in writing and signed by the judge.

1. Brief decision shall consist of introductory, motivating and operative parts.
In the reasoning part of the decision, evidence may be listed without disclosing their
content.
2. In case of disagreement with the arguments of the plaintiff or rejection of the evidence
presented by him (her), the court has the right only to refer to the decision based on the results
of the pre-trial consideration of the complaint, if it considers the justifications set forth in it to
be exhaustive.
3. At the request of the parties, but no later than ten working days from the date of
delivery of the brief decision of the court, the court is obliged to make a decision. The text of
the complete decision shall be done no later than ten working days from the date of receipt of
this petition.

1. The decision of the court must be lawful and justified.
2. A court decision shall be recognized as legal if it has been made in compliance with all
the requirements of the law and based on the law.
3. The decision shall be deemed justified if it is made based on a comprehensive and
objective study in the court session of the evidence presented to the court.

1. Administrative body, an official shall carry out administrative procedures within their
competence and in accordance with the Constitution of the Republic of Kazakhstan, this Code
and other regulatory legal acts of the Republic of Kazakhstan.
2. During consideration and resolving administrative cases, the court is obliged to strictly
comply with the requirements of the Constitution of the Republic of Kazakhstan,
constitutional laws, this Code, other regulatory legal acts subject to the application of
international treaties of the Republic of Kazakhstan.
3. Courts are not entitled to apply laws and other regulatory legal acts that infringe on the
rights and freedoms of a person and citizen enshrined in the Constitution of the Republic of
Kazakhstan. If the court finds that a law or other regulatory legal act subject to application
infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is
obliged to suspend the proceedings in an administrative case and apply to the Constitutional
Court of the Republic of Kazakhstan with a recommendation on recognition of this act
unconstitutional. Upon receipt by the court of the decision of the Constitutional Court of the
Republic of Kazakhstan, the proceedings in the case are resumed.
4. The decisions of the courts authorized to consider administrative cases based on a law
or other normative legal act recognized as unconstitutional are subject to cancellation.
5. In the absence of legal norms governing a disputed legal relationship, the court shall
apply the legal norms regulating similar relations, and in the absence of such norms, resolve
the dispute based on the general principles and meaning of the Republic of Kazakhstan
legislation.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated
05.11.2022 № 157-VII (shall be enforced from 01.01.2023).

1. During consideration an administrative case, an administrative body, an official, and a
court are obliged, while maintaining objectivity and impartiality, to provide each of the
participants in administrative case with equal opportunities and conditions for the exercise of
their rights to a comprehensive and complete investigation of the circumstances of the
administrative case.
2. If the law or the agreement of the parties to the dispute provides for the resolution of
the relevant issues by the court, the court is obliged to resolve these issues based on the
criteria of justice and reasonableness.

1. Everyone has the right, in accordance with the procedure established by this Code, to
apply to an administrative body, to an official or to a court for the protection of violated or
disputed rights, freedoms, or legitimate interests.
Waiver of the right to appeal to an administrative body, to an official or to a court shall be
invalid.
2. State bodies within their competence, individuals and legal entities in the manner
prescribed by this Code, shall have the right to apply to the court with a lawsuit to protect the
violated or disputed legitimate interests of other persons or an indefinite circle of persons.
The prosecutor shall have the right to apply to the court with a lawsuit in order to carry
out the duties assigned to him in the manner prescribed by this Code.
3. If the law establishes a pre-trial procedure for resolving a dispute, an appeal to the court
may be filed after observing this procedure.
4. The jurisdiction provided for by the law may not be changed to anyone without his (her
) consent.
5. Compulsion to waive the right to appeal to an administrative body, to an official or to a
court is illegal and entails liability established by the laws of the Republic of Kazakhstan.

1. During exercising administrative discretion, an administrative body, an official shall
ensure a fair balance of interests of a participant in an administrative procedure and society.
Therewith the administrative act, administrative action (inaction) must be proportionate,
that is, suitable, necessary, and proportional.
2. Administrative act, administrative action (inaction) shall be considered suitable if they
are acceptable to achieve the goal established by the laws of the Republic of Kazakhstan.
Administrative act, administrative action (inaction) shall be considered necessary if to the
least extent restricts the rights, freedoms, and legitimate interests of a participant in the
administrative procedure.
Administrative act, administrative action (inaction) shall be considered proportional if the
public benefit obtained because of restrictions on the rights, freedoms, and legitimate interests
of a participant in the administrative procedure is greater than the harm caused by these
restrictions.

1. A participant in administrative procedure has the right to appeal against administrative
act, administrative action (inaction) not related to the adoption of administrative act, in
administrative (pre-trial) manner.
In the cases provided for by this Code, a participant in administrative procedure has the
right to appeal against administrative action (inaction) associated with the adoption of
administrative act.
2. If an administrative body, an official, within the terms established by this Code, did not
adopt administrative act, did not perform administrative action, in this case, from the date of
expiration of the term, it shall be considered that the administrative body, an official refused
to adopt the administrative act, or to perform administrative action.
3. A higher administrative body, an official (hereinafter referred to as the Body
considering the complaint), shall carry out Consideration of a complaint in administrative (
pre-trial) manner.
For the purposes of this Code, the body considering a complaint shall be recognized an
administrative body, an official, with the exception of the President of the Republic of
Kazakhstan, the Prime Minister of the Republic of Kazakhstan, the Government of the
Republic of Kazakhstan, who are superior in the order of subordination to the administrative
body, an official whose administrative act, administrative action (inaction) is appealed, as
well as another administrative body, official authorized in accordance with the laws of the
Republic of Kazakhstan to consider complaints.
4. A complaint shall be filed with an administrative body, an official whose administrative
act, administrative action (inaction) is being appealed.
An administrative body, an official whose administrative act, administrative action (
inaction) is appealed, no later than three working days from the date of receipt of the
complaint, shall send it and 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 it adopts a favorable administrative
act, performs administrative action that fully meets the requirements specified in the
complaint.
5. Unless otherwise provided by law, an appeal to the court is allowed after an appeal in a
pre-trial order. If the law provides for the possibility of applying to the court without the need
to appeal to a higher authority, an administrative body, an official, an administrative act, an
administrative action (inaction) which are being challenged, along with the recall, submit to
the court a reasoned position of the head of a higher administrative body, an official.
6. In the absence of a higher administrative body, an official, administrative act,
administrative action (inaction) may be appealed in court, which is notified to the participant
in the administrative procedure by the administrative body, whose administrative act,
administrative action (inaction) is appealed when a decision is made on administrative case.
7. Consideration of complaints by the prosecutor's office is carried out on the grounds,
within the limits and in the manner established by the Constitutional Law of the Republic of
Kazakhstan "On the Prosecutor's Office".
Footnote. Article 91 as amended by the Law of the Republic of Kazakhstan dated
05.11.2022 № 157-VII (shall be enforced ten calendar days after the date of its first official
publication); dated 27.03.2023 № 216-VII (shall be enforced ten calendar days after the date
of its first official publication).