TO ISSUE OF ANALYSIS OF PRINCIPLES OF LEGALITY AND FAIRNESS IN THE SYSTEM OF ADMINISTRATIVE JUDICIAL PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2025_80_1_81Keywords:
legal principles, principle of legality and justice, administrative justice, administrative procedures, administrative proceeding, Supreme court, administrative courtAbstract
The article examines in detail the importance and role of legal principles in administrative justice in the Republic of Kazakhstan. Exploring the models of transition of the countries of the former USSR to the administrative justice system and the specifics of its implementation in Kazakhstan, the authors focus on the legal consolidation of the principles of legality and justice in the Administrative Procedural Code of the Republic of Kazakhstan. A systematic analysis of the need to apply the principle of justice along with the principle of legality formed the methodological basis of the article. The article examines the works of Kazakhstani and foreign scientists in the field of application of the norms and principles of the law in administrative proceedings. In addition, the article discusses some aspects of improving the administrative justice system in terms of legislative regulation of the application of legal principles.
Special attention is paid to the analysis of practical aspects of the implementation of the principles of legality and justice in judicial practice, in particular administrative proceedings, which allows a deeper understanding of the mechanisms of their application in the context of the modern legal system of Kazakhstan. The problems faced by judges and participants in administrative proceedings in the interpretation and application of these principles, as well as possible ways to improve judicial practice, are also considered.
The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative procedures, and therefore the entire system of public administration. In particular, attention is focused on the interaction of the principles of legality and fairness with other key principles of administrative proceedings. This comprehensive approach allows us to identify new prospects for improving the theoretical and practical aspects of the development of administrative justice in the Republic of Kazakhstan.