|
Chapter 60. Consideration of a complaint
and the making of decision on that
Article 397. The Body Considering a Complaint
1. Complaints
against decisions, actions or omission of the customs body shall be considered
by a higher state body.
2. A decision
on a complaint shall be made on behalf of the higher state body by the head
of such body or by the person authorized by that head. Note: the complaint may
not be considered by the official, who made the decision, committed the action
or omission, or by an official occupying a position lower than his.
Article 398. The Period for Consideration of a Complaint
A complaint should be considered
by the higher state body within one month period of time from the date of its
receipt, and in the case stipulated by Item 3 of Article 393 of this Code, from
the date of submission of proofs confirming the circumstances set forth in the
complaint.
Article 399. Decision on a Complaint
1. According
to the results of consideration of a complaint the body considering it shall:
1) recognize as lawful the decision, action or
omission of the customs body or the official thereof;
2) recognize as unlawful the decision, action
or omission of the customs body or the officer thereof in full or in part.
2. In the
event of recognizing as unlawful the appealed decision, action or omission the
higher state body shall:
- fully or partially annul the
decision taken by the customs body or by its official;
- annul the decision taken by the
customs body or by its official and obligate it to take a new decision according
to legislation of the Kyrgyz Republic or it shall itself shall take such a decision
if the adoption thereof is within its competence;
- recognize as unlawful the action
or omission of the customs body or the official thereof and designate the measures
to be taken for eliminating the irregularities committed or it shall itself
commit such actions if their committal is within its competence.
3. When he
discovers signs of a guilty default on or inappropriate performance by a customs
official of the service duties vested therein, the person considering the complaint
on behalf of the higher state body shall take measures for holding this customs
official accountable under disciplinary rules in accordance with the statutory
procedure.
4. A copy of the decision adopted
according to the results of consideration of the complaint against the action
or omission of the customs body or the official thereof shall be forwarded to
the person that filed the complaint within the period fixed by Article 398 of
this Code, as well as the procedure for its appeal shall be explained to him.
A. Akayev
President of the Kyrgyz Republic |
Main page 
Feedback
SiteMap 