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 the concluding part of the article as the certain aspects the 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 an amicable settlement are considered. The analysis of the impact of administrative law reform on  the various types of ratings Human Development Index (United Nations Development Programme), the index of democracy (The Economist), the Bertelsmann Transformation Index (BTI), the Corruption Perceptions Index (CPI), the World Bank index (World Bank, International Finance Corporation) are suggested.

The authors tried to convey to the legislator the positive experience of some Central Asian countries in the application of the principle of investigating the circumstances of the court and the conclusion of a settlement agreement in court. This will reduce the burden on the courts, so on the basis of a settlement agreement the executive document may be issued. In addition, the article provides links to sources that detail the issue of the process of preparing the European Code of Administrative Procedures. This bill, in turn, provides for the principles of the rule of law and general administrative rules in the same content as the rules in most national European laws on administrative procedures.

The authors developed a set of recommendations for administrative law reform in Central Asia based on the summarized analysis of the legal framework and law enforcement practice in Kazakhstan, Kyrgyzstan, Turkmenistan, Uzbekistan and Tajikistan.