COMPARATIVE LEGAL ANALYSIS OF THE LEGAL STATUS OF THE COURT IN ADMINISTRATIVE PROCEEDINGS OF SOME EUROPEAN COUNTRIES

Abstract

In this article the analysis of preconditions of formation in the Republic of Kazakhstan of administrative justice, with allocation of a legal position of administrative court as the subject of administrative legal proceedings is carried out. The analysis of the main features of the functioning of the administrative justice of the French Republic, the system, place and role of the courts carrying out administrative proceedings, the individual norms of the Code of administrative justice of France are given. The legal status of the administrative court of the Federal Republic of Germany as a subject of administrative proceedings, its system and activities, with reference to the Federal law of Germany, is also considered

"On administrative proceedings".

In addition, a comparative analysis of individual rules in the administrative proceedings of Germany with the existing rules set out in the draft Administrative procedural code of the Republic of Kazakhstan.

The author concludes that in order to improve the draft APPC RK and bring it to compliance with international standards, the development bodies, which are the Ministry of justice and the Supreme Court of the Republic of Kazakhstan, have done a lot of work to study the international experience of the leading countries of the world, including those included as Kazakhstan in the Romano-German (continental) system of law.

The legal system of the Republic of Kazakhstan, along with the legal systems of some predominantly continental European countries, belongs to the Romano-German (continental) legal system. In contrast to the Anglo-Saxon legal system (England, USA), where the main source of law is judicial precedent, the Romano-German legal system has a single hierarchically constructed system of sources of written law. Among the sources of law in the Romano-German legal system, the dominant place is occupied by the Constitution - the basic law, which has the highest legal force .

The author concludes that it is necessary to further conduct a comprehensive analysis of the legal nature of administrative proceedings as a form of judicial protection of rights, freedoms and legitimate interests of citizens (legal entities) from illegal administrative decisions, actions (inactions) of administrative bodies and on this basis to identify the problems of legal regulation in the resolution of administrative cases and formulate proposals aimed at improving legislation.

In conclusion, the article concludes on the need for further improvement of administrative law and the creation of administrative justice in accordance with international standards of the rule of law as a special mechanism for resolving public disputes.