CORRELATION OF THE GENERAL CONSTITUTIONAL PRINCIPLES OF JUSTICE WITH THE PRINCIPLES OF ADMINISTRATIVE PROCEDURES AND ADMINISTRATIVE COURT PROCEEDINGS IN THE REPUBLIC OF KAZAKHSTAN (PROBLEMATIC ISSUE)
DOI:
https://doi.org/10.52026/1994-408X_2020_63_5_27Keywords:
The Constitution of the Republic of Kazakhstan, criminal, civil, administrative, administrative and tort proceedings, , improvement of legislation, principles of justiceAbstract
The article is devoted to the issues of improving the constitutional principles of justice. Thus, the author of the article proposes to draw attention to the constitutional norm in force in the Constitution of the Republic of Kazakhstan, provided for in paragraph 4 of Article 77 of the Constitution, according to which, when applying the law, a judge must be guided by 10 principles, which, in accordance with them, are common and uniform for all courts and judges of the Republic.
At the same time, the author of the article claims that the listed constitutional principles of justice listed in the above article of the Basic Law cannot be called common and uniform for all courts and judges of the Republic, since they are not such and the principles of justice applied in criminal proceedings cannot be applied within the framework of for example, when considering cases in the form of civil and (or) administrative proceedings.
In this regard, it is proposed to amend paragraph 2 of Article 75 of the Constitution and state it as follows: «2. Judicial power is exercised through civil, criminal, administrative, administrative-tort and other forms of legal proceedings established by law».
Based on the analysis and consideration of foreign experience, the author formulated proposals and recommendations for improving constitutional legislation. In particular, the author proposes to state paragraph 3 of Article 77 of the Constitution as follows: «3. When applying the law, a judge must be guided by the following principles: 1) legality; 2) the principle of publicity of the trial; 3) the right to a fair trial; 4) the right to be heard; 5) evidence obtained by illegal means has no legal force; 6) the principle of prompt, complete, comprehensive and rational trial; 7) the binding nature of judicial acts; 8) the language of the proceedings, 9) ensuring security in the court session 10) the right to freedom of appeal against judicial acts». The article examines other issues of law enforcement practice and offers specific proposals for making additions to the current legislation.