Last Change:

03/19/2026

Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI "Administrative Procedural and Process-Related Code of the Republic of Kazakhstan"

Year: 2020

Type: Domestic law

Rights Category: Asylum

Description

The Code  regulates the procedure of administrative procedures and administrative court proceedings. It defines the rights and obligations of citizens, organizations, and government agencies, and establishes rules for the adoption and appeal of administrative acts. The Code establishes procedural guarantees, time limits for the consideration of cases and the procedure for the protection of rights in the administrative court.

Selected provisions
Article 92. Term for filing complaint

1. A complaint against administrative act, administrative action (inaction) shall be filed
with an administrative body, an official no later than three months from the day when the
participant in the administrative procedure learnt of the adoption of administrative act or the
commission of administrative action (inaction).
2. In case of missing, for a good reason, the deadline established by the first part of this
Article, this deadline, at the request of a participant in the administrative procedure, may be
restored by the body considering the complaint unless otherwise provided by the laws of the
Republic of Kazakhstan.
In order to restore the missed deadline for filing a complaint, the body considering the
complaint shall recognize illness, force majeure circumstances, and other reasons that deprive
a person of the opportunity to file a complaint as valid reasons.
3. The missed deadline for appeal shall not be a ground for refusal to adopt the complaint
by the body considering the complaint. The reasons for missing the deadline shall be
investigated during the consideration of the complaint and may be one of the bases for
refusing to satisfy the complaint.

Article 98. General rules for processing a complaint

1. The body considering the complaint is obliged to take measures for a comprehensive,
complete and objective investigation of the factual circumstances that are important for the
correct consideration of the complaint.
2. The subject and limits of the investigation of the factual circumstances shall be
determined by the body considering the complaint.
3. The body considering the complaint shall hear the official, whose administrative act,
administrative action (inaction) is contested, a participant in the administrative procedure in
accordance with Article 73 of this Code.
4. The body considering the complaint is not bound by the arguments of the
administrative body, the official whose administrative act, administrative action (inaction) is
being appealed; a participant in the administrative procedure, as well as the requirements set
forth in the complaint, and verifies the administrative case in full.
5. The body considering the complaint shall provide the opportunity to get acquainted
with the administrative case in accordance with Article 75 of this Code.
6. Making a complaint to the detriment of the applicant shall be prohibited.

Article 146. Terms of court trial

1. Administrative case shall be considered and resolved within a reasonable term, but no
more than three months from the date of the filing the lawsuit.
In administrative cases of particular complexity, a reasoned court ruling for a reasonable
period, but no more than three months may extend this period.
The ruling on the extension of the term of the trial is not subject to appeal, revision at the
request of the prosecutor.
2. Administrative cases on challenging decisions, conclusions, and orders of the
authorized body based on the results of an audit of public procurement, decisions of the
customer, the organizer of public procurement, the unified organizer of public procurement,
adopted as part of the consideration of complaints about the results of public procurement,
and actions (inaction) of the bailiff are considered and resolved within ten working days from
the date of its appointment for trial at a court hearing.
3. Suspension of administrative legal proceedings shall be carried out in accordance with
the rules of the Civil Procedure Code of the Republic of Kazakhstan.
Footnote. Article 146 as amended by the Law of the Republic of Kazakhstan dated
01.07.2024 № 107-VIII (effective from 01.01.2025).

Article 148. Written proceedings

1. The court, with the consent of the parties, has the right to consider administrative case
in written proceedings within a reasonable time, but no more than three months from the date
of the filing the lawsuit.
In administrative cases of particular complexity, this period may be extended by a
reasoned court ruling for a reasonable period, but no more than three months.
The ruling on the extension of the term of the trial is not subject to appeal, revision at the
request of the prosecutor.
The court goes over to oral proceedings if a petition has been received from a party to
revoke a previously expressed consent.
The court has the right, at its own discretion, to proceed to oral proceedings, if this is
necessary for the correct resolution of the case.
2. By written proceedings, administrative case shall be considered without conducting an
oral hearing.
3. In considering administrative case in this manner, the court shall examine the evidence
presented by the parties and demanded on its own initiative, and a decision shall be made on
them.
4. In written proceedings, the court shall set a time limit during which additional
applications and documents may be submitted.

Article 22. Applicant

1. An appeal to an administrative body, to an official may be submitted by one or more
persons (collective appeal).
If the administrative procedure is initiated by filing an appeal, then the interested parties
have the right to enter the already started administrative procedure. In this case, it is not
required to initiate a separate administrative procedure for the appeal of each of these persons.
2. Applicant has the right to:
1) receive from an administrative body, an official the explanation of his rights and
obligations on issues related to the implementation of the administrative procedure;
2) be heard before making a decision on the administrative procedure, except for the cases
provided for by this Code;
3) get acquainted with the administrative case, make extracts and make copies both during
and after the consideration of the administrative case;
4) submit petitions;
5) file a complaint against administrative act, administrative action (inaction);
6) submit a repeated appeal on an issue already considered by an administrative body, an
official in the manner prescribed by this Code;
7) during the appeal, present evidence and participate in their research, including giving
explanations, submitting material evidence and other documents;
8) terminate the administrative procedure if the procedure was initiated upon his request;
9) speak in the administrative procedure in the native language or the language that he (
she) speaks, use the services of an interpreter;
10) challenge in the cases provided for by this Code;
11) have a representative;
12) demand the payment of compensation in the cases provided for by this Code;
13) exercise other rights established by this Code and other laws of the Republic of
Kazakhstan.
3. Foreigners, stateless persons and foreign legal entities shall have rights and bear
obligations on an equal basis with citizens and legal entities of the Republic of Kazakhstan
unless otherwise provided by the Constitution, laws of the Republic of Kazakhstan and
international treaties.

Article 131. Administrative lawsuit, its form, and content

1. In administrative court, administrative case shall be initiated based on a lawsuit.
For the purposes of this Code, lawsuits also mean other appeals to the court provided for
by the laws of the Republic of Kazakhstan.
Lawsuits filed with the court are:
1) lawsuit for challenging;
2) lawsuit for enforcement;
3) lawsuit for action;
4) lawsuit for recognition.
2. The lawsuit shall be filed with the court in writing or in the form of an electronic
document certified by the electronic digital signature of the plaintiff and (or) his (her)
representative.
The lawsuit must indicate:
1) name of the court where the lawsuit is filed;
2) last name, first name and patronymic (if it is indicated in the identity document) of the
plaintiff, if the plaintiff is an individual, his (her) place of residence, date and place of his (her
) birth, the name of the representative and his address, if the lawsuit is filed by the
representative; phone numbers, e-mail addresses of the plaintiff, his (her) representative;
name of the plaintiff, if the plaintiff is a legal entity or other organization, its location,
business identification number and bank details;
3) name of the defendant, location, bank details (if known to the plaintiff) and business
identification number (if known to the plaintiff). The lawsuit must contain the telephone
numbers and e-mail address of the defendant, if known to the plaintiff;
4) content of the lawsuit (subject of the lawsuit) and a statement of the circumstances by
which the plaintiff substantiates his lawsuits (basis for the lawsuit), the essence of the
violation or threat of violation of the rights, freedoms and legitimate interests of the plaintiff.
In the case of filing a lawsuit against several defendants - the content of the lawsuit against
each of the defendants;
5) information on the observance of the pre-trial procedure for contacting the defendant, if
this is established by law;
6) list of documents and other attached materials (if any).
3. The lawsuit, as a rule, also shall indicate:
1) substantiated opinion of the plaintiff about the violation by the defendant of his rights,
freedoms and legitimate interests, about the establishment of obstacles to their
implementation or about the illegal imposition of any obligation on him;
2) if necessary - a written application for a postponement, installment plan, exemption
from payment of the state fee; on the appointment of a forensic examination; on the demand
for evidence; about summoning witnesses; on securing a lawsuit and other petitions.
4. In confirmation of the circumstances that substantiate the lawsuit, the plaintiff shall
submit evidence, and in case of impossibility, indicates the evidence that he cannot
independently present, indicating the relevant reasons.
5. The lawsuit shall be signed by the plaintiff or his representative with the authority to
sign it. If a representative files a lawsuit, then the name of the representative, his postal
address, as well as telephone numbers, e-mail address, if any, shall be indicated.
6. In the event that a prosecutor applies in the interests of a citizen, the lawsuit must
contain substantiation of the reasons for the impossibility of filing a lawsuit by the person
himself (herself).
7. The documents attached to the lawsuit shall be presented, as a rule, in originals. If it is
impossible to present documents in originals, they may be submitted in copies certified in
accordance with the procedure established by law. If a copy of the document may not be
certified due to the absence of the original, the lawsuit must state the reason for the
impossibility of such actions.
8. The following shall be attached to the lawsuit:
1) copies of the lawsuit and documents attached thereto according to the number of
participants in the administrative proceeding;
2) a document confirming the payment of the state fee, or a request for a delay in the
payment of the state fee on the grounds provided for by the Code of the Republic of
Kazakhstan "On taxes and other mandatory payments to the budget" (Tax Code);
3) power of attorney or other document certifying the authority of the representative;
4) documents confirming the circumstances on which the plaintiff bases his lawsuits;
5) documents confirming compliance with the pre-trial procedure for resolving a dispute,
if this procedure is established by law;
6) copies of the charter, certificate or statement on state registration, if the lawsuit is filed
by a legal entity, and other documents;
7) copies of the investment contract concluded between the investor and the authorized
state body, as well as documents confirming the investor's investment activities, if the lawsuit
is filed in accordance with part three of Article 102 of this Code.
Footnote. Article 131 as amended by the Law of the Republic of Kazakhstan dated
12.12.2023 № 46-VIII (effective from 01.01.2024).

Article 132. Lawsuit for challenging

In case of violation of the rights, freedoms and legitimate interests of the plaintiff by a
burdening administrative act, he has the right to file a lawsuit for challenging with the
requirement to cancel the administrative act in full or in any part of it.

Article 133. Lawsuit for enforcement

1. In lawsuit for enforcement, the plaintiff may demand the acceptance of a favorable
administrative act, the acceptance of which was refused or not accepted due to the inaction of
an administrative body or official.
In such cases, a separate requirement to challenge the refusal is not required.
2. Lawsuit for enforcement may contain a requirement for the respondent to be obliged
not to accept a burdensome administrative act.

Article 134. Lawsuit for action

1. In lawsuit for action, the plaintiff may demand to perform certain actions or refrain
from such actions that are not aimed at the acceptance of administrative act.
2. In lawsuit for action, the plaintiff may also demand the submission of a corresponding
document provided for by law in the event that the administrative act is recognized as
accepted due to the failure to accept the administrative act within the time established by law
on the same subject.

Article 135. Lawsuit for recognition

1. In a lawsuit for recognition, the plaintiff may demand to recognize the presence or
absence of any legal relationship, if he may not file a lawsuit in accordance with Articles 132,
133 and 134 of this Code.
2. In an action for recognition, the plaintiff may also demand to declare an encumbrance
administrative act that no longer has legal force as illegal.
3. A lawsuit for recognition may be filed if the plaintiff is sufficiently interested in
establishing these relations as soon as possible. The plaintiff's interest in establishing legal
relations may be legal, moral, or material in nature.