On the prospects of the procedural position of the prosecutor in the administrative proceedings of the Republic of Kazakhstan
Keywords:
administrative process, administrative legal proceedings, prosecutor, courtAbstract
The subject of the research is general issues of the functional status of the prosecutor as a subject of administrative legal proceedings in the Republic of Kazakhstan. In order to determine the role and place of the prosecutor in the system of administrative proceedings, the authors analyze the provisions of the national procedural law and legal doctrine.
The study allowed to determine the functional roles of the prosecutor as a participant in the process (administrative claimant; the person giving the opinion on the case; administrative defendant), and also to establish a list and content of formal requirements for the implementation of the procedural and procedural administrative functions of the prosecutor.
The article presents some aspects of the analysis of the development of the legal status of the prosecutor in the Republic of Kazakhstan. The opinion was substantiated that in the context of the ongoing legal reform, it became necessary to revise views on the legal status of the prosecutor and his appointment in Kazakhstani society. The authors conducted a review of the special literature, which made it possible to identify an insufficient number of studies on the legal regulation of the activities of the prosecutor in administrative proceedings.
At the same time, the need for further research on the development of the institute of the prosecutor's office in the statehood system of the Republic of Kazakhstan, as well as studying the peculiarities of the legal status of the prosecutor among state bodies in the Republic of Kazakhstan, has been identified. The article also analyzes the principles of organization and activity, goals, objectives and functions of the prosecutor's office of Kazakhstan.
According to the results of research activities, the authors found that the prosecutor as a subject of administrative legal proceedings simultaneously performs several functions and has a formally defined status. The novelty of the study lies in the fact that the article is one of the few works devoted to the legal status of the prosecutor involved in administrative proceedings. In addition, the topic of the article is relevant in connection with the submission to the Parliament of the draft Administrative Procedure and Procedure Code of the Republic of Kazakhstan in accordance with the plan of legislative work.