Author

Sabitova A.A.

Title of article

Prospects of developing administrative proceedings as a garantee of protecting rights of citizens of Kazakhstan

Section

Section 2. Human rights protection

Issue, year

3 (33) 2015

Abstract

Establishing the institute of administrative justice is important direction of judicial reform carried out in Kazakhstan. Administrative disputes in Kazakhstan are within the competence of general courts and they are adjudicated according to the general rules of civil procedure with some exceptions. Other disputes are adjudicated by administrative order. Administrative justice is considered as one of the institutes of constitutional state, its special significance is conditioned by the closeness of executive power to people, as well as common practice of violating civil rights and liberties. The necessity of administrative justice as a human rights mechanism arises from the need to ensure the legitimate interests of citizens in all the cases of unlawful and uncontrolled use of powers of authority by the administrative bodies and their officials. The proposals on adopting the Kazakhstan Administrative Procedure Code are given. The problem of developing the institute of administrative justice in Kazakhstan is raised. It’s proposed to develop the Concept of administrative justice in Kazakhstan. Three categories of cases triable in such courts are argued: 1) the appeal of acts and actions of officials, state and local authorities, public associations violating civil rights of public character; 2) disputes between citizens, officials, legal persons and state authorities on legal acts of the officials; 3) subject disputes (violations of budgetary, tax, sanitary epidemiological, ecological and customs legislation). It’s proposed to create a unified system of legal measures aimed at improving the efficiency of the system of administrative guarantees of protecting civil rights and legitimate interests.

Keywords

administrative court, administrative proceedings, administrative justice, administrative dispute, Code of Administrative Offences.

References

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