INQUISITIONAL PRINCIPLE IN ADMINISTRATIVE LAW (ADMINISTRATIVE PROCEDURE AND ADMINISTRATIVE PROCESS)

Abstract

 This article was prepared within the framework of the Program «Support of Legal and Judicial Reform in the Countries of Central Asia» by the German Society for International Cooperation (GIZ). The issues of general administrative law considered in the article are connected with the thematic focus of this issue of the journal. Priority directions of the Strategy «Kazakhstan – 2050», marked by President N. Nazarbayev in the message to the people of Kazakhstan, as well as in a number of other state-program and strategic documents of the country, predetermine various aspects of social, economic and legal development of the state.

As a result of this activity, the author notes progress in the legislative process, in particular, in the matter of improving legislation on administrative procedures and administrative proceedings. Considering that today the drafting of the Administrative Procedural Code is being developed in Kazakhstan, the author touches on one of the important issues of the general administrative law of Germany in his article, as an example for the purposes of lawmaking.

The comparative-analytical analysis carried out in the article is devoted to the inquisitional principle (research principle), according to which the executive body is obliged to independently investigate the circumstances of the case, which are necessary for making a decision. The article outlines the main provisions of the inquisition principle in the administrative procedure and in the German administrative process. At the same time, the author notes the similarities and differences in the application of this principle. Also in the article the author reveals the concept, meaning and content of the inquisitional principle. The main idea in the article is the author's opinion that the considered principle of general administrative law is inherent as a procedural principle.