JUDICIAL PROCEDURE FOR THE CONSIDERATION OF PUBLIC AND LEGAL DISPUTES: CURRENT STATE AND DEVELOPMENT TRENDS

Authors

  • Bagdat K. Nurgazinov
  • Andjela Serikovna Tulepbaeva

Keywords:

administrative court, administrative proceedings, illegal administrative act, public law dispute, subject of administrative proceedings

Abstract

The creation of the institution of administrative justice in the Republic of Kazakhstan is important to ensure and protect the rights and legitimate interests of individuals and legal entities from illegal decisions of public authorities.

At the same time, for the formation of afull and effective administrative ejustice it is necessary to create not only an appropriate system of state bodies and effective institutions, but also an independent form of dispensation of justicein disputes arising from public law relations.

The authors consider the procedure for judicial review and resolution of disputes arising from public law relations today and after the adoption of the Administrative procedure and justice code of the Republic of Kazakhstan (hereinafter - APJC).

Based on the results of a statistical analysis of judicial practice in cases of appealing against decisions and actions (inaction) of state bodies, the main areas of activity of state bodies were identified whose decisions and actions especially affect the rights and legitimate interests of individuals and legal entities.

It should be noted that the court decisions made in favor of the applicants make up a rather high percentage, which indicates the existing problems in the work of state bodies.

In addition, the authors analyzed the urgent issues of the abolition of illegal decisions of state authorities and the tendency to improve the protection of the rights of individuals and legal entities when repealing illegal administrative acts in accordance with the APJC draft.

In conclusion, the authors based on international experience concluded that it was necessary to amend the article of the APJC draft regarding the determination of jurisdiction of administrative cases in order to clarify the subject of administrative legal proceedings.

Published

30.12.2019

How to Cite

Nurgazinov Б. К., & Tulepbaeva А. С. (2019). JUDICIAL PROCEDURE FOR THE CONSIDERATION OF PUBLIC AND LEGAL DISPUTES: CURRENT STATE AND DEVELOPMENT TRENDS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(58). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/211