Submitting a complaint to the prosecution agencies

man writes on paper

If you decide to write a complaint to a prosecutor's office and do not know how and in what form you need to write it, this useful information will help you find answers to your questions and write a complaint or appeal to a prosecutor's office without much difficulty. A complaint to a prosecutor's office is written in any format. Though, you need to follow the general rules of business correspondence and specify the necessary data. A complaint is accepted in writing in the state language, language of interethnic communication, native language or in any other language that citizens speak.

The complaint is filed in written (paper and/or electronic) form.

The following information should be indicated in a complaint (Article 93 of the Administrative procedural and process-related code of the Republic of Kazakhstan):      

  • name of a body considering a complaint;
  • surname, name, patronymic (if indicated in an ID document), an individual identification number, postal address of an individual or name, postal address, business identification number of a legal entity;
  • actual residence address of an individual and location of a legal entity;
  • name of an administrative body/official whose administrative act, administrative action (inaction) is disputed;
  • circumstances which serve as a basis for claims and evidence provided by a participant of an administrative procedure;
  • date of complaint submission;
  • signature of an administrative procedure participant;
  • list of documents attached to a complaint;

  • other information provided by the legislation of the Republic of Kazakhstan.

Terms for submission of complaints (Article 92 of the Administrative procedural and process-related code of the Republic of Kazakhstan)

  1. A complaint against an administrative act, an administrative action (inaction) is submitted to an administrative body/an official no later than three months from the date when a participant of an administrative procedure became aware of the adoption of an administrative act or execution of an administrative action (inaction).
  2. If the deadline established by the first part of this Article is missed due to a valid reason, it can be restored by a body considering a complaint at the request of a participant in the administrative procedure, unless otherwise provided by the laws of the Republic of Kazakhstan.

Illness, force majeure circumstances and other reasons that deprive a person of the opportunity to submit a complaint are recognized as valid reasons to restore the missed deadline for submitting a complaint to a relevant body.

  1. Missed deadline is not a reason for refusal to accept a complaint by a body considering complaints. Reasons for missing the deadline are clarified during consideration of a complaint and may cause refusal to satisfy a complaint.

Types of decisions based on the results of complaint consideration (Article 100 of the Administrative procedural and process-related code of the Republic of Kazakhstan)

  1. Having considered a complaint, a body considering it makes one of the following decisions:
  • on cancellation of an administrative act;
  • on cancellation of an administrative act and adoption of a new administrative act;
  • on execution of an administrative action;
  • on leaving a complaint without satisfaction;
  • on referral of an administrative case to an administrative body/an official whose administrative act, administrative action (inaction) is being appealed, for the implementation of an administrative procedure indicating the violations committed and suggestions for their elimination;
  • on leaving a complaint without satisfaction.

The term of an administrative procedure initiated based on a complaint is fifteen working days from the date of receipt of a complaint, unless otherwise provided by the laws of the Republic of Kazakhstan.

  1. The term of an administrative procedure initiated based on a complaint is calculated from the moment of its initiation.
  2. The term of an administrative procedure initiated based on a complaint may be extended by a substantiated decision of the head of an administrative body or a deputy for a reasonable period, but not more than two months due to the need to establish actual circumstances relevant to the proper consideration of an administrative case, which is stated to a participant of an administrative procedure within three working days from the date of extension of the term.

The term a complaint consideration is twenty working days from the date of its receipt.

A complaint is submitted to an administrative body/an official whose administrative act, administrative action (inaction) is being appealed. (Article 91 of the Administrative procedural and process-related code of the Republic of Kazakhstan)

An administrative body/an official whose administrative act, administrative action (inaction) is being appealed, no later than three working days from the date of receipt of a complaint, send it along with an administrative case to a body considering a complaint.

Last update: 24.12.2021