THEORETICAL ANALYSIS OF ADMINISTRATIVE PROCEDURES AND PRINCIPLES OF ADMINISTRATIVE COURT PROCEEDINGS IN THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/1994-408X_2020_63_5_45Keywords:
administrative procedures, administrative process, legality, fairness, administrative proceedings, principles, management process, proportionality, administrative discretionAbstract
The article analyzes the state of administrative legal proceedings in the legal system of the Republic of Kazakhstan, examines its essence, objectives and principles. The authors analyze the positions of administrative scientists on the theoretical understanding of the content and essence of the administrative procedure in the Republic of Kazakhstan. It also analyzes various ways of understanding the essence of the administrative procedure. Emphasizing the importance of the concept of administrative procedures in the consideration of administrative cases, it is noted that the procedures established by the rules of administrative law for the activities of administrative bodies to consider and resolve individual cases, the results of which are limited to the issuance and execution of certain administrative actions. A comparative analysis of the principles of foreign legislation on administrative procedures is carried out.
The relevance of the study of administrative procedures and principles lies in the fact that identifying gaps in the regulation of relations between administrative bodies and individuals is the legal integration of uniform procedural rules at the republican and regional levels for the implementation by administrative bodies of their functions. Due to the lack of a principle of interaction with society, this situation is the result of inadequate legal guarantees that ensure the implementation of the constitutional rights of citizens and organizations.
The article examines the principles of administrative proceedings and administrative proceedings, and also theoretically analyzes the characteristics of these principles. During the analysis of the principles, mention is made of the goals, methods and means of activity of accreditation bodies of modern society and the state, courts for the consideration and resolution of administrative cases. Also, during the review, recommendations were given from foreign experience in relation to administrative procedures.