Institute of Judicial Proceedings in Cases of Challenging Actions, inaction of State Bodies: Stages of Formation

Authors

  • Zhanel Yursunovna Sailibayeva

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_71

Keywords:

administrative justice, institution of contesting actions, public administration, judicial and legal reform, administrative responsibility

Abstract

The present work deals with cases of contesting actions and omissions of state bodies. Violations of citizens' rights and legitimate interests of organizations are not isolated, taking into account the diversity of relations between the State and non-State actors, and constant contacts with the State administration. The Institute of Public Complaints is an essential tool for protecting such rights and interests. As a result, it performs the most important political and social functions.

The present study is devoted to the analysis of problems of appealing decisions and actions (inaction) of authorities. It deals with a number of problems in the existing civil process related to the procedure for invalidating and giving rise to no consequences of acts and actions (omissions) of the authorities.

The review examined and analysed the judicial acts of various courts in cases of appeals against decisions and actions (omissions) of State bodies, officials and public officials in various fields of activity.

The work presents the experience of the countries of near and far abroad on issues of administrative procedure. The authors of the study presented statistics on the decision of the courts in favor of state bodies, citizens and organizations, examined certain cases of illegality of decisions by the courts in favor of state bodies.

Moreover, the work examined the possibility of reforming the procedure for appealing decisions and actions of state bodies and officials, as well as the analysis and justification of the need to create a fundamentally new legal act to resolve disputes arising from public legal relations.

Published

30.03.2021

How to Cite

Sailibayeva Ж. Ю. . (2021). Institute of Judicial Proceedings in Cases of Challenging Actions, inaction of State Bodies: Stages of Formation. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_71