WHO CAN APPLY TO THE OMBUDSMAN?
The citizens of the Republic of Kazakhstan, foreigners and non-citizens.
IN WHAT CASES YOU CAN APPLY WITH THE COMPLAINT?
You can apply complaining against the actions (inaction) and decisions of state bodies, organizations and officials who in your opinion lead to the violation of your or other persons’ rights.
State bodies and other organizations are:
• central and local state organs and organs of local self governance
• law enforcement organs
• budgetary organizations
• commercial organizations
State officials are:
• the representatives of power permanently, temporarily or upon special authority implementing their functions;
• persons implementing organization-distributive and administrative-economic functions in:
• state organs and organs of local self governance
• Armed Forces, other military organizations of the Republic of Kazakhstan
The Ombudsman doesn’t consider complaints against actions and decisions of :
• The President of the Republic of Kazakhstan
• The Parliament of the Republic of Kazakhstan and its members
• The Government of the Republic of Kazakhstan
• The Constitutional Council of the Republic of Kazakhstan
• The Prosecutor General of the Republic of Kazakhstan
• The Central Electoral Commission of the Republic of Kazakhstan
• Courts of the Republic of Kazakhstan
• physical entities
WHAT ACTIONS AND DECISIONS YOU CAN COMPLAIN TO?
You can complain to:
• the refusal of your legal demands’ satisfaction
• nonimplementation of actions included in the range of career commitments (giving information, consultations etc.)
• unfounded adoption of the decision
• other actions (inaction) and decisions of officials and organizations which lead to the violation of your constitutional rights
However, the complaint cannot be considered by the Ombudsman if:
• there are no designated family, first and middle names of the applicant, no data on permanent address, place of work and study, no signature
• proof-documents confirming the declared facts of the applicant are no attached to the complaint
• the complaint is submitted to the Ombudsman after the expiration of one year from the moment when the applicant found out the violation of his/her rights
• the order of the consideration of the raised issues in the complaint is set in the enacted legislation ( by civil, criminal, administrative and other codes)
• the case is in the phase of preliminary investigation or under the consideration of other competent organs
• judicial decision is adopted concerning the matter of the complaint
• earlier the complaint was considered by the Ombudsman and the applicant doesn’t perform new arguments and newly opened circumstances
• the appeal relates to the settlement of economic disputes between the legal entities, legal and physical entities
• the complaint is not proved and motivated
HOW DOES THE OMBUDSMAN CONSIDER THE COMPLAINTS?
In the course of the complaint’s consideration the Ombudsman studies it, directs the inquiry to the respective state bodies or organization to receive necessary information. In the case of necessity the Ombudsman can attract experts and specialists of any sphere.
The complaint and the applicant’s name could be untold to the official whose actions are the objects of applicant’s complaining.
WHAT ARE THE RESULTS OF COMPLAINTS’ CONSIDERATION?
After the consideration the Ombudsman can:
• convey the recommendation to take measures in restoring the violated rights of the applicant to the official or organization
• make a proposal to the respective state body about the bringing the persons who violated the applicant’s rights to the court
• explain the methods and means that applicant can use to protect his/her rights
• transmit the appeal to the appropriate organs in which competence the essential settlement of the complaint is.
On the other hand, the Ombudsman cannot:
• reconsider or repeal the decisions of state and judicial organs
• interfere in the activity of the state body which acts in the frameworks of its authority envisaged by legislation
• adopt decisions on applicant’s compensation
• represent the interests of the applicant in judicial organs
• render a juridical assistance
HOW THE COMPLAINT IS SUBMITTED?
The complaint should be addressed to the Ombudsman in written form, State or Russian language, own or recommended form in accordance with the sample.
The complaint shall include the following information:
• the name of official or state body (organization), in the opinion of the applicant, that violated his/her rights
• what exact actions (inaction) according to the applicant led to the violation of his/her rights
• why the applicant considers this action (inaction) to be a violation of his/her rights
• whether this case was considered before in the court or other authorized state body or not. In the case of consideration the applicant should attach the copies of the adopted decisions.
The complaint is handed over personally by the applicant or delivered by mail. The Ombudsman informs the applicant about the course of the complaint’s consideration or the refusal to consider it within a month.
WHERE CAN YOU SEND YOUR COMPLAINT OR COME ON RECEPTION?
The address of the Ombudsman:
The Republic of Kazakhstan,
010000, Astana, 8 Orynbor str.,
Ministry house, 15 entrance
tel.: (7172) 74 01 69, fax: 74 05 48
Reception of citizens is carried out every week from Tuesday to Friday from 10.00 AM till 16.00 PM.