PPUBLIC AND LEGAL DISPUTE AS A PHENOMENON OF THE ADMINISTRATIVE LEGAL PROCEEDING OF THE REPUBLIC OF KAZAKSTAN

Abstract

The issues of the meaning of public and legal disputes of the institute are discussing in scientific conceptions of modern public rights in the sphere of administrative law and process. In given article the authors are covering the actual questions of the progressive meaning of public and legal disputes in the system of administrative legal proceeding. There were analized by this aim the theoretical approaches to explaining the term of public and legal dispute and its clarification  species also the effective mechanism of its consideration. For any judicial system of developed country the judicial despute is undesirable factor of risk and it can be created serious legal consequences for its participants especially if the defendant is an administrative organ. In the process of administrative launch and judicial procedures  are revealed strong and weak sides of administrative activity of the public managing strucure,  frequently there are a lot of mistakes made  which are allowed in the result to carry out more effective ways of modifying of the activity for further steable development of judicial, administrative and legal systems. In the article was paid attention for overseas legal experience of public and legal disputes regulation. Recognized that the overseas experience of foreign  states in the direction of public justice by the administrative claim went far ahead. Proven that an unconditional role in rules development by using mechanisms of consideration of the public administrative proceedings and promotion them in judicial system are belonging to an international practices. However, it needs normative consolidation of many novations promoting to fast judicial process and its effectivity in practice  of Kazakhstani administrative courts.