CONCEPT AND SIGNS OF ADMINISTRATIVE-PROCEDURЕ LEGAL RELATIONS

Authors

  • Leila Zhanuzakova

Keywords:

administrative judicial proceedings, administrative courts, administrative body, administrative act;, public-law dispute.

Abstract

The article analyzes the concept of administrative process from the point of view of a broad, narrow, integrative and integrated approach, highlighting its features. It is noted that modern administrative legislation requires a new approach to understanding the administrative process and the formation of the branch of administrative judicial law. In this regard, a new view is explored, which has become widespread in the countries of the former USSR in the last decade on the concept of an administrative process. It is due to the popularization of a new type of legal procedure - administrative - and considers the administrative process as an administrative judicial procedure. According to the author, the judicial approach to the nature of the administrative process is not limited only to resolving cases on administrative offenses by the courts, but proceeds from the consideration by administrative courts of disputes arising from public relations between state bodies and other entities: individuals and legal entities. The experience of European countries and some states of the former USSR is given, where administrative courts are functioning, dealing with all disputes arising from public law relations. It is noted that so far in Kazakhstan, disputes of a public law nature are considered within the framework of civil proceedings in the form of special action proceedings, despite the provisions of the Legal Policy Concept of the Republic of Kazakhstan for the period from 2010 to 2020, which focuses on the creation of the institution of administrative justice. The draft Administrative Procedural-Judicial Code of the Republic of Kazakhstan, developed and submitted for discussion, provides for the creation of a full-fledged administrative judicial proceeding. On the basis of the analysis of the provisions of the project and the opinions of scientists, the author’s position on the concept and features of administrative procedure relations is determined.

 

Published

30.03.2019

How to Cite

Zhanuzakova . Л. Т. (2019). CONCEPT AND SIGNS OF ADMINISTRATIVE-PROCEDURЕ LEGAL RELATIONS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(55). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/270