PUBLIC SERVICES AND ADMINISTRATIVE ACT: ADMINISTRATIVE PROCEDURAL AND PROCESS-RELATED CODE OF THE REPUBLIC OF KAZAKHSTAN AND ITS IMPACT ON THE PUBLIC SERVICES SPHERE

Abstract

The article is focused on the analysis of the institutions of public services and administrative act in the context of adopting the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan (hereinafter – the APPRC RK).

The author researches the state of the doctrinal study of administrative law at the present stage both in general and in terms of the named institutions. The author formulates the reasons, which are associated with the weak use of the results of administrative and legal research in the field of legal enforcement.

The analysis of the definition of the category of “public service” occupies the central place in the article. It has found its consolidation in the Law of the Republic of Kazakhstan “On Public Services”. The author of the article formulates own answer to a number of fundamental questions, in particular, about the criteria for choosing a form (service or not a service) for the implementation of state functions, as well as a list of functions that cannot be implemented in the form of a service.

Special attention is paid to the establishment of the correlation between public services and administrative acts. It is concluded that a public service, from a legal point of view, is embodied in the issuance / adoption of a favorable administrative act, where, first of all, the norms of the APPRC have the legal basis.

The author analyzes the Law of the Republic of Kazakhstan “On Public Services” and the APPRC RK for the consistency of their provisions. The conducted study of such aspects as: the principles of the provision of public services, the rights of service recipients, appeal against decisions in the field of providing public services, the procedure for canceling a decision made as a result of the provision of public services, has demonstrated that the above regulatory acts are not coordinated in this part, which requires their prompt amendment (improvement).