THE STATEMENT OF THE PROBLEM OF THE SUBJECT OF AN ADMINISTRATIVE DISPUTES ARISING FROM ADMINISTRATIVE AND OTHER PUBLIC LEGAL RELATIONS
Keywords:
Аdministrative procedural-judicial code, administrative act, administrative dispute, administrative and other public-law disputes, public legal relationsAbstract
As part of the implementation of the Decree of the Head of State «On the Concept of Legal Policy for the period from 2010 to 2020» it is stated that with the further development of administrative law, it is necessary to move away from unilateral principles in the relations of the state with citizens and non-governmental organizations. Human rights and freedoms of man by the representatives of public organs, organs of local self-government, and also another organizations or persons, carrying out public functions at execution by them position requirements can not limit, and their violation draws the responsibility envisaged by a legislation.
In practice in the field of state administration during realization of plenary powers of public organs and public servants imperious plenary powers that can result in limitation of human rights and freedoms and citizen are used, to the origin of debatable legal relationships with citizens or organizations, i.e. by physical or legal persons. To date such disputes is examined in order of the civil rule-making. To resolve administrative disputes arising as a result of administrative and other public-law relations, it is necessary to create effective extrajudicial and judicial mechanisms to resolve them.If there is an administrative or other public legal dispute between the administrative authority that conducts the administrative procedure – the applicant and the interested person, the administrative act is one of the fundamental documents. Therefore, the disclosure of the concept of an administrative act is of key importance in the emergence of administrative and other public-legal relations.In this regard, the article proposes author's definitions of an administrative dispute and administrative act, which should be included in the draft Administrative Procedural Code of the Republic of Kazakhstan. In the opinion of the authors, this will allow more precise concretization of these concepts in the administrative legal proceedings of the Republic of Kazakhstan.