ON THE PERSPECTIVE OF ADMINISTRATIVE JUSTICE IMPLEMENTATION IN THE FRAMEWORK OF DISCUSSION PROVISIONS OF THE DRAFT ADMINISTRATIVE PROCEDURAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Authors

  • Fatima P. Dossanova
  • Berikzhan B. Yermekbaye

Keywords:

administrative justice, administrative procedure, pplications of individuals and legal entities, administrative proceedings, public-law dispute

Abstract

Based on the analysis of understanding of administrative justice institutions and administrative procedures, the article addresses the issues of strengthening legal protection of all members of the society, accountability of state bodies to the public, ensuring the rule of law through contesting acts, decisions of state bodies with the aim of introducing full-fledged administrative legal proceedings, the subject of which will become public law disputes.

Paying attention to the specificity of public law disputes and administrative procedures, taking into account the opinion of foreign experts, the provisions of the draft Administrative Procedure Code of the Republic of Kazakhstan are examined.

According to the authors, the provisions of the draft Administrative Procedural Code of the Republic of Kazakhstan require their refinement and improvement in terms of conceptual apparatus, consolidation of principles for implementation of administrative procedures and administrative proceedings, which are fundamental for building relations between the government and the individual. The authors proposes to consolidate in the future the concept of administrative procedures, a reasonable period, supplement provisions of the draft Administrative Procedural Code on the language of administrative procedures and administrative proceedings, as well as such principles as independence of judges, equality of all before the law and the court, openness and clarity of administrative court proceedings. Particular attention is paid to grammatical wording of consolidation of norms on calculating a reasonable period of administrative legal proceedings and time limits for responses to applications. The suggestions made to improve provisions of the draft Administrative Procedural Code can strengthen an attempt to introduce administrative justice as an effective mechanism for protecting the rights of citizens and organizations from possible interventions and violations by the authorities.

 

Published

30.12.2019

How to Cite

Dossanova . Ф. П., & Yermekbaye Б. Б. (2019). ON THE PERSPECTIVE OF ADMINISTRATIVE JUSTICE IMPLEMENTATION IN THE FRAMEWORK OF DISCUSSION PROVISIONS OF THE DRAFT ADMINISTRATIVE PROCEDURAL CODE OF THE REPUBLIC OF KAZAKHSTAN. 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/231