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Chapter 59. Procedure of Appeal against
decisions, actions (omission) of customs bodies and their officials
Article 389. Right to Appeal
1.
Any person shall be entitled to appeal against a decision, action or omission
of the customs body, if by such decision, action or omission, in the opinion
of that person, his rights and freedoms are violated, obstacles are created
for their exercise or a liability is imposed illegally, and if such decision,
action or omission directly affects the interests of that person.
2.
Denial of the right to appeal against decisions, actions or omission of the
customs body or its official shall be invalid.
3.
The right of persons to appeal may be realized through lodging a complaint to
the higher body or and (or) to the Court.
4.
Procedure for lodging, considering and resolving the complaints submitted to
courts shall be established by the appropriate legislation of the Kyrgyz
Republic.
Article 390. Procedure for Lodging a Complaint
1. A complaint
against a decision, action or omission of the customs body shall be lodged with
the higher body.
2. In case
where a complaint is directly lodged with a higher body, such body shall ask
for the confirming materials and conclusion on the complaint from the customs
body, against whose or whose official’s decision, action or omission the complaint
has been lodged.
3. A complaint
against the decision, actions or omission of the authorized state body shall
be lodged with the higher state body or with an appropriate Committee of the
supreme legislative power that carries out control over observation of requirements
of customs legislation according to Article 365 of this Code, or with the Court.
Article 391. Period for Lodging a Complaint
A complaint against the decision,
action or omission of the customs body or of its official may be lodged within
three months:
- from the date when the person
learnt or had to learn of the breach of his rights and freedoms, the creation
of obstacles for their exercise or the unlawful imposition of a liability thereon;
- from the
date of expiration of the period fixed for the making by the customs body or
by its official of a decision stipulated by legislation, or for the commitment
of an action stipulated by legislation.
Article 392. Renewal of the Period for Lodging a Complaint
1.
In case if the period for appeal has been missed for good reasons, this period
may, upon request of a person who filed a complaint, be renewed by the body
authorized to consider the complaint.
2.
The renewal of the missed period shall materialize as the actual acceptance
of the complaint for consideration. The decision to deny the request on the
renewal of the missed period shall be drawn up in writing, which shall be forwarded
to the applicant within three days from the date of its making.
Article 393. The Form and Content of a Complaint
1. A complaint
shall be lodged in writing.
2. The complaint should indicate:
- the name of the customs body
or position, full name of the official of a customs body (if known), whose decision,
action or omission is appealed against;
- the full name or the name of
the person that lodges the complaint, his place of residence or location;
- the essence of the decision,
action or omission appealed against;
- circumstances, on the basis of
which the person thinks that by the appealed decision, action or omission of
the customs body or of its official his rights and freedoms are violated, obstacles
are created for their exercise or a liability is illegally imposed on.
3. The applicant shall be allowed not to
provide proofs confirming the circumstances mentioned in the complaint. If the
submission of such proofs is of significant importance for consideration of
the complaint, the body that considers the complaint shall be entitled to ask
their submission from the applicant and to establish the period for their submission,
which should be sufficient for that. In the mentioned case the applicant should
submit proofs within the period established by this body. If within the established
period proofs are not provided, the complaint shall be returned to the applicant
without consideration, if failure to submit such proofs does not allow considering
the complaint in essence. At a motivated request of the applicant, the period
for submission of proofs shall be extended by the body considering the complaint.
The applicant
shall not be obliged to prove illegality of the appealed decisions, actions
or omission of customs bodies and their officials.
Article 394. Consequences of Filing a Complaint
Lodging a complaint shall not suspend
the execution of the appealed decision or action, except for a case when the
body considering the complaint has sufficient reasons to assume that the appealed
decision or action does not comply with legislation of the Kyrgyz Republic. In
this case the execution of the appealed decision or action may be fully or partially
suspended.
Article 395. Grounds for Refusing the Consideration of a Complaint
1. A complaint shall not be accepted
for consideration in case, if:
1) The established period of appeal is not observed,
and the person did not apply for renewal of the missed period or if the application
for renewal of the missed period has been decline (Article 392);
2) The complaint is not signed or signed by the
person, who has not properly confirmed his powers;
3) The requirements with regard to the form or
content of the complaint are not complied with;
4) The person has already lodged a similar complaint
with Court, and such complaint has already been accepted by Court for consideration
or a decision on that has been made;
5) The subject of the complaint shall be a decision,
action or omission not of the customs body or of its official.
2. The person
shall be informed of the refusal to accept the complaint for consideration in
writing within three days from the date of the making of the decision on that,
with providing reasons for the refusal.
3. The decision
on refusal to accept the complaint for consideration may be appealed in Court
in accordance with the procedure established by legislation of the Kyrgyz Republic.
Article 396. Revocation of the Complaint
1. The person that has applied with
a complaint may revoke it any moment before the making of a decision on the
complaint.
2. The repeated lodging of the complaint
against the same reason may be carried out within the period established by
Article 391 of this Code. |
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