Disputes arising from public law relations will be resolved in the order of administrative proceedings.
- requesting evidence on its own initiative, if the evidence presented by the parties is insufficient;
- taking measures to reconcile the parties.
The principle of the active role of the court is the most important principle of administrative proceedings.
An important difference between an administrative process and a civil one is that in a civil procedure, the collection and presentation of evidence is carried out by the parties and the court is limited to considering the evidence presented.
In the administrative case, the court will take the initiative to collect evidence, having the ability to request all the documents necessary for the correct resolution of the case.
The court will assist in the elimination of formal mistakes made in claims, explain and clarify unclear claims to citizens.
At this stage, exhaustive measures must be taken that will allow the court to promptly consider the administrative case and make a decision resolving the dispute on the merits.
At the same time, the draft APPC establishes specific terms for the consideration of cases for the courts of first instance and appeal. An administrative case is considered and resolved within a reasonable time, but not more than three months from the date of the claim. In cases of particular complexity, this period may be extended by a reasoned court ruling for a reasonable period, but not more than three months.
At the same time, for the cassation instance, the period for considering the case is up to 6 months.
The prerequisites for the admissibility of the claim and, under certain conditions, also the scope of verification, depend on the choice of a specific type of claim.
Depending on the types of claims, the APPK provides for the appropriate types of decisions and the specifics of making each.
All claims are filed in court within one month, except for a claim for recognition, which is filed within five years from the moment the relevant legal relationship arose.
International experience of such differentiation of claims is a standard and testifies to an effective system of administrative and judicial protection, when a citizen has the opportunity to check with the help of an administrative court any form of actions of the authorized body.
At the same time, direct judicial control over the execution of court decisions is established.
The judge will be able to independently impose a pecuniary penalty in the same process where the case is being considered. Such a measure will be imposed for failure to comply with the requirements of the court, failure to comply with the court decision.
The amount of the penalty will be from 10 to 100 MCI. Monetary penalty can be imposed more than once.
For example, Azerbaijan - from 50 to 100 manats, Armenia - up to 100,000 drams, Germany - up to 10,000 euros, Georgia - 200 lari, Kyrgyzstan - from 5 to 70 MCI, Latvia - up to 300 euros, Estonia - up to 32,000 euros ...
The proposed measure in the form of a pecuniary penalty will help, in particular, to stimulate the execution of a judicial act, and will have a significant impact on the disciplined behavior of the participants in the process.
Currently, conciliation procedures in civil proceedings are possible between the parties in any dispute.
In criminal proceedings, reconciliation is possible between a victim and a person who has committed a criminal offense or a crime of small or medium gravity, not related to causing death, as well as those who first committed a serious crime not related to causing death or serious harm to human health, minors, pregnant women, women , with young children, men raising young children alone, women aged fifty-eight and over, men aged sixty-three and over.
In administrative proceedings, where the party is an administrative body, conciliation is not possible in all cases, since the administrative body can only act within its powers established by law.
In this regard, the developers see the possibility of reconciliation in the event that the legislation gives the discretion of the administrative body.
Thus, the APPC establishes that the parties can fully or partially resolve the dispute on the basis of mutual concessions by concluding agreements on conciliation, mediation, on the settlement of the dispute in a participatory procedure. Reconciliation of the parties can only concern their rights and obligations as subjects of disputed public relations and the subject of the claim, and if the parties are competent to make a decision, they have the right to dispose of the subject of the dispute.
In this case, a petition for the settlement of a dispute by concluding an agreement on conciliation may be filed in any case, with the exception of cases on the protection of the electoral rights of citizens and public associations participating in elections, a republican referendum, on challenging decisions, actions (inaction) of local executive bodies, violating the rights of citizens to participate in criminal proceedings as a juror.
In conclusion, it should be noted that there may be negative consequences from the adoption of the APPC in the form of a significant increase in the volume of pre-trial appeal and claims in court.
These are inevitable processes that are faced by all countries that have adopted similar legislation for the first time, but this has stimulated the administrative authorities to ensure proper consideration of individuals' appeals and make legal and informed decisions.
As an example, we can cite the experience of Latvia, where, after the adoption of the Administrative Procedure Law in 2004, there was also a large flow of complaints and claims, but after a certain period of time (about 5 years), according to the information of the GIZ expert - the representative of Latvia, the volume of claims submitted to administrative courts decreased by 30-40%, since the administrative authorities ensure a high-quality consideration of applications from individuals, thereby increasing public confidence in public authorities.
In general, the adoption of the APPC will become a new stage in relations between the state and society in accordance with the idea of the rule of law, a significant step towards ensuring the rule of law, and will also have a beneficial effect.