The current regulatory legal acts are binding on all citizens and legal entities. But what can a citizen or organization do if, in their opinion, an existing act (for example, an order of a minister) infringes on their rights, contradicts the Constitution?
SUBMITTING A PROPOSAL TO IMPROVE A NORMATIVE ACT TO THE BODY THAT ISSUED THE NORMATIVE LEGAL ACT
According to subparagraph 11 of article 1 of the Law of the Republic of Kazakhstan "On the procedure for considering applications from individuals and legal entities", a proposal is a recommendation of a person to improve laws and other regulatory legal acts, the activities of state bodies, the development of public relations, the improvement of socio-economic and other spheres of activity of the state and society . Thus, in order to protect their rights, a citizen can apply with a proposal to cancel or amend a normative legal act to the body that adopted this act.
WHAT REQUIREMENTS MUST A WRITTEN PROPOSAL MEET?
In accordance with Article 6 of the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities", an appeal should be addressed to an entity or official whose competence includes resolving the issues raised in the appeal. In the appeal of an individual, his surname, first name, and, if desired, patronymic, postal address are indicated, while a legal entity - its name, postal address, outgoing number and date. The appeal must be signed by the applicant or certified by an electronic digital signature. The applicant who directly applied in writing to the subject is issued a coupon indicating the date and time, last name and initials of the person who accepted the appeal.
HOW LONG DOES IT TAKE TO CONSIDER A WRITTEN PROPOSAL?
According to paragraph 1 of Article 8 of the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities", an appeal from an individual and (or) legal entity, for consideration of which it is not required to obtain information from other entities, officials or check on the spot, is considered within 15 calendar days. days. In accordance with paragraph 2 of this article, the appeal of an individual and (or) legal entity, the consideration of which requires obtaining information from other entities, officials or checking on site, is considered and a decision is made on it within 30 calendar days from the date of receipt by the subject , official. In cases where additional study or verification is necessary, the review period may be extended by no more than 30 calendar days,
RESPONSE TO A WRITTEN OFFER
In accordance with paragraph 1 of Article 10 of the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities", responses to appeals must be substantiated and motivated in terms of content in the state language or the language of the appeal with reference to the legislation of the Republic of Kazakhstan, contain specific facts that refute or confirm the applicant's arguments , with an explanation of their right to appeal the decision.
APPEALING THE LEGALITY OF A NORMATIVE LEGAL ACT IN COURT
In accordance with paragraph 1 of Article 298 of the Civil Procedure Code of the Republic of Kazakhstan, a citizen or legal entity subject to a regulatory legal act who believes that a regulatory legal act of a state body or official adopted and published in the manner prescribed by law violates the rights and legally protected interests of citizens or legal entities guaranteed by the Constitution of the Republic of Kazakhstan, laws and decrees of the President of the Republic of Kazakhstan, have the right to apply to the court with an application to recognize this act as contrary to the law in full or in a separate part.
FILING AN APPLICATION TO THE COURT
According to paragraphs 2, 3 of Article 298 of the Civil Procedure Code, the application of a citizen or legal entity must comply with the requirements provided for in Article 148 of the Civil Procedure Code, and additionally contain data on the name of the state body or official that adopted the regulatory legal act, the date of its adoption, an indication of what specifically, the rights, freedoms and legally protected interests of a citizen and a legal entity are violated by this act or its separate provisions, which articles of the Constitution of the Republic of Kazakhstan, provisions of laws, decrees of the President of the Republic of Kazakhstan contradict the contested act. A copy of the disputed act or part thereof shall be attached to the application, indicating by which mass media body and when the normative legal act was published.
The filing of an application with the court does not suspend the operation of the normative legal act.
THE PROCEDURE FOR CONSIDERING AN APPLICATION
In accordance with Article 300 of the Civil Procedure Code, a citizen’s case is considered within a month from the date of filing an application with the obligatory participation of a citizen or a representative of a legal entity, a prosecutor, a representative of a state body or an official who has adopted a normative legal act. However, depending on the circumstances of the case, the court may hear the case even in the absence of any of the interested persons who did not appear at the court session.
At the court session, the court checks the competence of the state body or official who has adopted the normative legal act, the compliance of the entire normative legal act or its separate part with the Constitution of the Republic of Kazakhstan, laws and decrees of the President of the Republic of Kazakhstan.
When considering an application for recognition of a normative legal act that is contrary to the law, the obligation to prove the circumstances that served as the basis for the adoption of the said act is assigned to the state body or official that adopted the act.
ISSUANCE OF A COURT DECISION ON RECOGNITION OF A LEGAL ACT AS INCONSISTENT WITH THE LAW
According to paragraph 2 of Article 301 of the Code of Civil Procedure, a court decision, by which a normative legal act, in whole or in its separate part, is declared inconsistent with the law and invalid, is binding on the state body or official that adopted this normative legal act. The decision is obligatory for an indefinite circle of persons whose rights and freedoms, whose legitimate interests were covered by the challenged by-law normative legal act.
ISSUANCE OF A COURT DECISION ON THE RECOGNITION OF A LEGAL ACT IN ACCORDANCE WITH THE LAW
In accordance with paragraph 3 of Article 301 of the Code of Civil Procedure, a court decision on the conformity or non-compliance of a normative legal act with laws has prejudicial effect. The legality of a by-law normative legal act can be challenged again by other citizens or legal entities only in that part of it that has not previously been verified in court.