ROLE OF A COURT IN ADMINISTRATIVE LEGAL PROCEEDINGS

Authors

  • Bagdat K. Nurgazinov
  • Andjela Serikovna Tulepbaeva

Keywords:

administrative court, administrative proceedings, the active role of the court, the limits of the proceedings, public law dispute

Abstract

Creating an institution of administrative justice in the Republic of Kazakhstan is important for ensuring and protecting the rights and legitimate interests of individuals and legal entities, which aims to improve the quality of public authorities by creating a special mechanism of “judicial oversight” over the legality and validity of their decisions and actions.

At the same time, in order to form effective administrative justice, it is necessary to create effective institutions and a corresponding system of bodies that contribute to its a full-fledged implementation.

Within the framework of administrative court proceedings, the parties, one of which is a public authority, an official with authority, are not in an equal position from the start. In this connection, the draft Administrative Procedure - Procedural Code of the Republic of Kazakhstan (here in after - APPC of the Republic of Kazakhstan) with the aim of eliminating such inequality introduces the principle of the active role of the court, expressed in the active participation of the court in administrative proceedings, aimed at maintaining the balance between the parties, providing them with equal opportunities.

In addition, the author analyzed the norms of the draft APPC of the Republic of Kazakhstan, which regulate the powers of the court within the principle of the active role of the court, as well as the limits of legal proceedings in accordance with the draft APPC of the Republic of Kazakhstan and the administrative procedural legislation of foreign countries.

 

Published

30.06.2019

How to Cite

Nurgazinov . Б. К., & Tulepbaeva . А. С. (2019). ROLE OF A COURT IN ADMINISTRATIVE LEGAL PROCEEDINGS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/331