APPC establishes the procedure for exercising administrative discretion (as a principle).
At the same time, the concept of "administrative discretion" is legally enshrined, which means the authority of an administrative body, an official to make, within the purposes and limits established by the legislation of the Republic of Kazakhstan, one of the possible decisions based on an assessment of their legality.
An administrative body, an official is obliged to exercise administrative discretion within the limits established by the laws of the Republic of Kazakhstan.
The adoption of administrative acts and the performance of administrative actions in the exercise of administrative discretion must comply with the purpose of this power.
APPC establishes that violation of the above principles, depending on its nature and materiality, entails the recognition of an administrative act or a court decision as illegal.
Thus, the principles should serve as criteria for effective and full-fledged control by a higher authority or court over decisions of administrative authorities, in particular those made on the basis of administrative discretion (discretion).