The model of administrative proceedings envisaged by the APPC involves the creation of new specialized administrative courts in large cities and regional centers (21 courts in total) to consider public law disputes transferred from courts of general jurisdiction, civil courts and specialized inter-district economic courts.
This is an international practice, in countries where administrative justice has taken place, such disputes are considered in separate administrative courts.
At the same time, the operating administrative courts considering cases under the Code of Administrative Offenses will be subject to renaming - their new name is “Specialized District and Equivalent Courts for Administrative Offenses”.
The draft APPC proposes to retain alternative jurisdiction, that is, consideration of public law disputes by courts of general jurisdiction in the absence of a new court. This is due to the preservation of favorable legal guarantees for the applicant in the choice of court and economic benefits, taking into account the territorial features of Kazakhstan.
Administrative disputes on appeal will be considered by regional and equivalent courts.
Cassation review of cases will be carried out by a specialized judicial collegium of the Supreme Court.
The introduction of administrative justice presupposes the widespread involvement of the population in public administration procedures not only as a subject of subordination, but also as an equal partner with a set of legitimate legal instruments for the exercise of their rights and freedoms, including enforcement procedures in relation to the relevant authorized state bodies.
The administrative process is the fourth type of legal proceedings. It should be noted that this is the first Code in which the norms of the CPC are applicable (Article 1). The CPC has well-established institutions that have been successfully operating for a long time and allow for a high-quality review of the dispute. They are not borrowed, but are applicable when considering an administrative case.