THE INSTITUTION OF THE RIGHT OF ACTION IN ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN: THEORY AND DEVELOPMENT PROSPECTS

Abstract

The article provides a critical analysis of the institution of the right of action in administrative proceedings in the Republic of Kazakhstan. It examines both the prerequisites for the development of this mechanism in German law and issues related to its application within the framework of administrative proceedings in Kazakhstan.

The article analyzes the German concept of Klagebefugnis and its counterparts in other legal systems. Particular attention is paid to the mechanism of the subjective public right to bring a claim, its function as a filter for access to the courts, and its role in delineating subjective public rights.

This paper examines the institution of the right to bring a claim in administrative proceedings in the Republic of Kazakhstan, taking into account foreign experience and a comparative legal analysis of the generally accepted doctrine of administrative justice.

Using a comparative legal approach, the authors conclude that the Code of Administrative Procedure of the Republic of Kazakhstan already contains a normative framework that functionally reproduces the generally established subject-centered model of administrative justice. The problem lies not in legislative gaps but in the doctrinal interpretation of these provisions through the logic of civil procedure. Overcoming this existing conservatism and developing an independent administrative-procedural approach are identified as key tasks for Kazakhstani legal scholarship and judicial practice.