Amangeldy Aizhan LEGAL ANALYSIS OF THE APPLICATION OF SOME ASPECTS OF THE ADMINISTRATIVE PROCEDURAL CODE IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The article is devoted to the provisions and problems of application of the norms of the Administrative Procedural Code of the Republic of Kazakhstan. The article reveals the issues of administrative procedures and administrative proceedings. In particular, the article analyzes the rules relating to the pre-trial procedure for considering applications and complaints from individuals and legal entities to administrative bodies. In this regard, not only the procedure for conducting an administrative procedure is being considered, but also the issues of the timing of consideration of an application and complaints. The article provides a comparative analysis of the norms of the Civil Procedure Code of the Republic of Kazakhstan and the Administrative Procedural and Procedural Code of the Republic of Kazakhstan, in particular, the norms relating to changing the subject matter, grounds for action, stages. The article discusses the novelties of the Administrative Procedural Code of the Republic of Kazakhstan, namely: a monetary penalty as a coercive measure used by specialized administrative courts in case of contempt of court. The article also analyzes the features of the five categories of cases that are considered within the framework of administrative proceedings in accordance with the Administrative Procedure Code of the Republic of Kazakhstan. In particular, each category of cases is considered through the prism of passing through all stages of administrative proceedings, it is also noted that a feature is that the judicial acts of the administrative court that have entered into force are sent for execution to the defendant, and not to the bailiff, as provided by the Civil Procedure Code of the Republic of Kazakhstan. The article notes the similarity of the subjects of all four administrative claims provided for by the norms of the Administrative Procedural Code of the Republic of Kazakhstan. The article analyzes the judicial practice in some cases, which is currently being formed according to the Administrative Procedure Code of the Republic of Kazakhstan.