ADMINISTRATIVE PROCEDURAL AND ADMINISTRATIVE PROCESSUAL RELATIONS: THE CONCEPT, FEATURES AND THEIR INTERRELATION

Authors

  • Ramazan Kumarbekovich Sarpekov
  • Saule S. Shishimbayeva

Keywords:

administrative and legal relations, administrative and processual relations, administrative and procedural relations, the features of administrative and processual relations, he features of administrative and procedural relations, the interrelation of the features of administrative processual relations and administrative procedural relations, administrative proces, administrative justice

Abstract

The article defines the grounds for the importance of the institution of administrative and processual relations.

The purpose of the study is to analyze this legal phenomenon comprehensively, in particular in the context of the draft of the Administrative Procedural-Processual Code. For this purpose, the historical, hermeneutic and comparative methods, the formal-legal and structural analysis methods, and the problem-theoretical method of research are used.

It is shown that the special purport of administrative and processual relations should be understood, first of all, as the protection of the violated subjective right in the implementation of management activities by the executive body or local government.

Тhe Concepts of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020 are the basic program document of the development of the legal spheres of Kazakh society, great attention is paid to the reform of administrative law. As noted in the concept, «the development of the public administration system in Kazakhstan is inextricably linked with the legal support of administrative reform, aimed at creating an efficient and compact state apparatus, introducing new operating technologies, and improving administrative procedures.». In addition, one of the tasks is to provide administrative jurisdiction to resolve disputes, the development of relations between society and a citizen (organization).

The author also considers the interrelations of administrative procedural relations and administrative processual relations.

The necessity of introducing into the draft of the Administrative Procedural-Processual Code a provision regulating the legislation aims on the administrative process and administrative procedures is noted.

Herewith the author concludes that administrative procedures cannot be considered in isolation from the administrative process, since they constitute an integral part of the administrative process, which in turn guarantees and ensures the implementation of constitutional rights of private and legal entities within the framework of procedural relations.

 

Published

30.06.2019

How to Cite

Sarpekov Р. К., & Shishimbayeva . С. С. (2019). ADMINISTRATIVE PROCEDURAL AND ADMINISTRATIVE PROCESSUAL RELATIONS: THE CONCEPT, FEATURES AND THEIR INTERRELATION. 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/333