LEGAL REVIEW OF THE ADMISSIBILITY OF AN ADMINISTRATIVE CLAIM FOR SUBSTANTIVE CONSIDERATION

Abstract

This article explores the criteria for courts to assess the admissibility of an administrative claim before proceeding to its substantive review. The admissibility of an administrative claim means that the submitted claim complies with established procedural norms. To determine the admissibility of an administrative claim, the following aspects must be considered: the jurisdiction and competence of the case, compliance with the deadline for filing the claim and the procedure for preliminary administrative appeal if required by the relevant legislation, formal requirements for the claim—including an examination of the subject matter of the dispute—and the presence of both an administrative plaintiff and defendant. In addition to these aspects, courts must also ensure that the claim meets other requirements stipulated by procedural law. If a claim is submitted with violations (such as an incorrect defendant, improper jurisdiction, or missed deadline), the court returns the claim in accordance with Part 2 of Article 138 of the Administrative Procedural and Processual Code of the Republic of Kazakhstan (hereinafter referred to as the APPC).Reviewing a claim for compliance with procedural requirements at an early stage helps to prevent time loss and unnecessary expenses. Thus, verifying the admissibility of an administrative claim is an essential process to ensure the legality, efficiency, and fairness of judicial proceedings. The criteria for claim admissibility in Kazakhstan's administrative courts are analyzed based on judicial practice established over the years, taking into account statistical data on returned claims, brief case reviews, and case category analyses conducted by the Judicial Panel for Administrative Cases of the Supreme Court of the Republic of Kazakhstan. The examples provided in this article can assist and serve as a guideline for practicing lawyers