Separate features of the implementation of administrative procedures and administrative proceedings in accordance with the Administrative Procedure and Procedure Code of the Republic of Kazakhstan

Abstract

This article discusses certain features of administrative procedures and administrative proceedings when applying the norms of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI-ZRK (hereinafter referred to as APPK), which entered into force on July 1, 2021. The purpose of the article is to consider the features of administrative procedures, administrative proceedings and conciliation procedures in resolving public law disputes within the framework of the APC, as well as to analyze certain problematic issues of its application. The study used general scientific, private scientific legal methods of cognition. The authors reviewed and researched the distinctive principles of the implementation of administrative procedures and procedural features of administrative proceedings. With the introduction of the norms of the APC, the procedure for conducting both internal and external administrative procedures by state bodies has been streamlined, as well as administrative proceedings have been separated to resolve public law disputes involving an administrative (state) body or its official. The article touches upon the problems of passive, at the initial stage, application of conciliation procedures in resolving public law disputes by courts. On the example of the existing practice of bringing claims by state regulatory authorities to the court on the application of prohibitive and restrictive measures, it is proposed to transfer the consideration of this category of cases from the Code of Civil Procedure of the Republic of Kazakhstan to the APC, since it follows from public law relations. There is also an unequal position of the parties to a public law dispute in terms of appeal and cassation appeal against judicial acts on disputes of a public law nature under the APC and the Code of Civil Procedure of the Republic of Kazakhstan. At the same time, according to the authors, the introduction of the institute of administrative courts for the consideration of administrative cases and public law disputes should become an effective and efficient means of ensuring the protection of the rights and legitimate interests of citizens and legal entities.