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 136. Term for filing a lawsuit

1. Lawsuits for challenging, for enforcement shall be filed with the court within a month
from the date of delivery of the decision of the body considering the complaint based on the
results of the consideration of the complaint.
In the event that the law does not provide for a pre-trial procedure or there is no body
considering the complaint, the lawsuit shall be filed within one month from the date of
delivery of the administrative act or from the moment it was brought to the notice in the
manner established by this Code and the legislation of the Republic of Kazakhstan.
2. Lawsuit for the commission of an action shall be filed in court within a month from the
day when the person became aware of the commission of the action, as well as when the
period established by the legislation of the Republic of Kazakhstan for the commission of the
action has expired.
3. Lawsuit for recognition shall be filed with a court within five years from the moment
the relevant legal relationship arose.
Demand to declare a burdensome administrative act that no longer has legal force may be
declared illegal within three months from the day when the person became aware of the
violation of his rights, freedoms and legitimate interests by this act.
4. Lawsuit for the actions (inaction) of a court officer for the execution of court orders
shall be filed with the court within ten working days from the date of the action (refusal to
perform the action) or from the day when the plaintiff or the debtor, not notified of the time
and place of the action by the court performer, learned on it.
5. A person who did not participate in the administrative procedure, whose rights,
freedoms and legal interests are affected by the administrative act, has the right to file a
lawsuit in court within a month from the day when the person learned or could learn about the
adoption of the administrative act, but no later than one year from the date of its acceptance.
6. A person who has filed a complaint with the body considering the complaint has the
right to file a lawsuit with the court within a month from the date of delivery of the decision
on the complaint or after the expiration of the time limit for the consideration of the complaint
, if a decision on the complaint has not been taken.
7. A missed deadline for filing a lawsuit for a good reason may be restored by the court in
accordance with the rules of the Civil Procedure Code of the Republic of Kazakhstan. The
reasons for missing the deadline for filing a lawsuit with the court and their significance for
the correct resolution of administrative case shall be clarified by the court in a preliminary
hearing.
8. Missing the deadline for filing a lawsuit in court without a good reason, as well as the
impossibility of restoring the missed deadline for applying to the court, shall be the basis for
returning the lawsuit.

Article 154. Legality and validity of the decision

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.

Article 155. Issues resolved by the court in deciding

1. In making a decision, the court shall evaluate the evidence and determine what
circumstances have been established, which legal act should be applied in this administrative
case, and whether the lawsuit is subject to satisfaction. If several lawsuits are presented in an
administrative case, the court shall take a decision on all lawsuits.
2. When an administrative body, an official exercises administrative discretion, the court
shall also check whether the limits established by the legislation of the Republic of
Kazakhstan are not exceeded and whether the exercise of administrative discretion is
consistent with the purposes of this authority.
3. Recognition of administrative act or part of it as illegal shall entail its cancellation, as
well as the cancellation of all legal consequences arising from it or from its part unless
otherwise specified in the court decision.
4. The court shall refuse to satisfy the lawsuit, if during its consideration it establishes that
the contested action (inaction) has been committed, the decision has been made in accordance
with the competence and legislation of the Republic of Kazakhstan.
5. The decision shall indicate the period during which the court decision must be executed

Article 171. Enforcement of court decision

1. The court decision, after its entry into legal force, within three working days shall be
sent by the court for execution to the defendant.
2. The defendant is obliged to execute the court decision on the administrative case within
one month from the date of its entry into legal force, on which he must notify the court.
3. If the decision of the court is not executed voluntarily within the time established
therein, the court of first instance shall impose a monetary penalty in the amount established
by Article 127 of this Code.
4. Failure to comply with a court decision, a court ruling on the imposition of a monetary
penalty shall entail a repeated monetary penalty in the amount established by part nine of
Article 127 of this Code without right of appeal.

Article 173. Immediate execution of a judicial act

1. The court, upon a substantiated motion of the participants in the administrative
proceeding, as well as on its own initiative, has the right to enforce the decision of the court to
immediate execution if the later execution would cause significant harm to the rights of the
participant in the administrative proceeding, or would be difficult or impossible.
When referring a judicial act to immediate execution, the court shall also take into account
the rights of other participants in the administrative process and public interests.
2. The court may at any time, based on a petition of a participant in the administrative
proceeding, suspend the execution of the judicial act, which is subject to immediate execution
.
3. Judicial acts addressed to immediate execution are not subject to execution if cancelled
or changed by a judicial act of a higher instance that has not entered into legal force.

Article 63. General requirements for request

1. Oral appeal shall be recorded in a separate protocol by an official or an employee of the
administrative body who has accepted the appeal.
2. In the appeal submitted in written (paper and (or) electronic) form, the protocol shall
indicate:
1) surname, name, patronymic (if it is indicated in the identity document), individual
identification number (if any), postal address of an individual or name, postal address,
business identification number of a legal entity (if any);
2) name of the administrative body, official to whom the appeal is submitted;
3) essence of the appeal;
4) date of filing the appeal;
5) signature of the applicant or his representative;
6) other information provided by the legislation of the Republic of Kazakhstan.
3. If, in accordance with the laws of the Republic of Kazakhstan, the administrative
procedure is carried out on a paid basis, the applicant must submit a document confirming the
payment.
Footnote. Article 63 as amended by the Law of the Republic of Kazakhstan dated
14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official
publication).
Article 64. Acceptance, registration, return, and withdrawal of appeal
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.

Article 93. Form and content of the complaint

1. The complaint shall be submitted in written (paper and (or) electronic) form.
2. The complaint shall indicate:
1) name of the body considering the complaint;
2) last name, first name, patronymic (if it is indicated in the identity document), individual
identification number, postal address of an individual or name, postal address, business
identification number of a legal entity;
3) address of the physical person's actual residence and the location of the legal entity;
4) name of the administrative body, official, whose administrative act, administrative
action (inaction) is disputed;
5) the circumstances on which the participant in the administrative procedure bases his
demands and evidence;
6) date of filing the complaint;
7) signature of the participant in the administrative procedure;
8) list of documents attached to the complaint;
9) other information provided by the legislation of the Republic of Kazakhstan.