GENERAL ADMINISTRATIVE LAW IN CENTRAL ASIA IN THE DEVELOPMENT PROCESS

Abstract

 This article is informative and analytical. The authors considered stages of development of general administrative law in Central Asia. The article will be divided into several parts, each of which will review issues of legislation on administrative procedures in the countries of Central Asia.

In this part of the article presents first results of administrative justice reform in the countries of Central Asia, as well as a critical inventory of ongoing reforms and future reforms in the field of administrative law. The authors provide an overview of trends in the development of the law on administrative procedures and administrative procedural law in certain countries of Central Asia.

The authors consider the prospects of development of legislation on administrative procedures in the Republic of Kazakhstan. In particular, this issue was further developed after the declaration by the Head of State "100 concrete steps", which envisage the introduction of administrative justice, i.e. the right of administrative procedures and administrative procedural law. The new draft of law «On Administrative Procedures», developed by the Ministry of Justice, provides for an administrative act as the central form of administrative activity. The bill, unlike the current legislation, regulates not only the notion of the administrative act, but also the issues of its publication, content, justification and form. In addition, the bill provides for the rules for the cancellation of administrative acts, which for the first time fully take into account the principle of   trust  protection, fixed both in principle of legal statehood and in the Constitution.

The last part of this article will examine as the certain aspects of current situation of legal literature in the field of administrative law and review of the principle of examination of facts by the court, and conclusion of the amicable settlement. Also the results of analysis of the impact of administrative law reform on  the various types of ratings (Human Development Index (UNDP), the index of democracy (The Economist), the Bertelsmann Transformation Index (BTI), the Corruption Perceptions Index (CPI), the World Bank index (WorldBank, IFC) will be proposed.