What do we know about the Administrative Procedural Code of the Republic of Kazakhstan

What do we know about the Administrative Procedural Code of the Republic of Kazakhstan

Since July 1, 2021, the Administrative Procedure Code of the Republic of Kazakhstan has been put into effect.

Since that date, the previously existing laws "On administrative procedures" and "on the procedure for considering appeals of individuals and legal entities" have been canceled.

What do we know about this code, what guarantees are provided to citizens, what issues it regulates.

This Code is aimed at regulating the procedure for implementing administrative procedures and resolving disputes in the field of public legal relations. There was no such code in our country before.

It should be noted that the Code introduces principles to protect the interests of citizens, including from unjustified motivation of state bodies. Thus, all the ambiguities of the legislation will be resolved in favor of citizens.

"The Administrative Procedure Code regulates the protection of specific rights of citizens. Here we are talking about administrative acts.

What are administrative acts?

This is a decision of state bodies in relation to a particular citizen. Public services are a very important area of management. For example, suppose you want to get 10 acres of land from the state, which you can get yourself according to the Land Code. That is, the decision of the akimat to grant you a land act is actually recognized as an administrative act. The Administrative Code establishes the basic guarantees for the protection of these rights of citizens. When using the rights of citizens, State bodies must comply with all obligations and principles established by the Administrative Procedural Code. This is a very large-scale industry.

It should not be forgotten that citizens have the right to demand ownership from state bodies, which they are entitled to receive by law. These requirements operate in accordance with the principles established by the Code.

"This is a completely new document in our legal system. In this regard, before the introduction of the new Code in the country, civil servants were trained, explained the requirements of the legislation, applied it.

According to the Code, judges play a very important role. Since it is the courts that check the compliance of decisions of state bodies with the requirements of the administrative-procedural-procedural Code. Separate administrative courts have been established. These courts consider disputes between citizens and state bodies and other organizations. Now judicial control will depend on the decision of state bodies. For example, the National Chamber of Entrepreneurs "Atameken ", in accordance with the law, issues certificates to individual business entities confirming that their goods are in domestic production. In this case, the NPP complies with the requirements of the newly introduced code. They must also comply with the requirements specified in the Code.

​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ In accordance with the CPC, administrative procedures and administrative proceedings will be carried out on the basis of principles, among which it is particularly necessary to highlight:

​ ​ ​ ​ ​ ​ - the principle of priority of rights - all doubts, contradictions and ambiguities of the legislation on administrative procedures are interpreted in favor of the participant of the administrative procedure;

​ ​ ​ ​ ​ ​ ​ - prohibition of abuse of official requirements -an administrative body, an official is prohibited from refusing, restricting, terminating the exercise of the right of a participant in an administrative procedure, as well as imposing an obligation on him in order to comply with requirements not established by law;

​ ​ ​ ​ ​ ​ ​ ​ - trust in the right of protection -the trust of a participant in an administrative procedure in the activities of an administrative body, an official is protected by law;

​ ​ ​ ​ ​ ​ ​ - the active role of the court -the court comprehensively, fully and objectively examines all the factual circumstances relevant for the correct resolution of the administrative case, not limited to explanations, statements, petitions of participants in the administrative process, evidence presented by them, evidence and other materials of the administrative case. Collects additional materials and evidence on its own initiative or at the reasoned request of participants in the administrative process.; the administration has the right to express its preliminary legal opinion on legal grounds in relation to specific and (or) legal sides of the case.

In case of disputes in the field of public relations, you can refer to the following types of requirements:

​ ​ ​ ​ ​ ​ ​ - lawsuits challenging the requirement to cancel the administrative act in whole or in part;

​ ​ ​ ​ ​ ​ ​ - lawsuits on coercion, the acceptance of which may be rejected or rejected due to the inaction of an administrative body, an official, the plaintiff may require the adoption of an acceptable administrative act;

claims about the plaintiff's commission of certain actions not aimed at the adoption of an administrative act, or actions that may require refraining from such actions;

claims for recognition, for which the plaintiff may demand recognition of the presence or absence of any legal relationship.

Disputes between citizens and organizations, on the one hand, and the State, on the other hand, were considered by specialized district and equivalent administrative courts.

Thus, we note that the Administrative Procedure Code gives citizens legal guarantees.

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​ ​ ​ Prosecutor's Office of Temirsky district