On June 29, 2020, the President of the Republic of Kazakhstan signed the Code of Administrative Procedure of the Republic of Kazakhstan and the Law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Administrative Procedure".
This code will come into force on June 1, 2021. In addition, from that date, the current Laws of the Republic of Kazakhstan "On Administrative Procedures" and "On the Procedure for Consideration of Appeals of Individuals and Legal Entities" will be repealed and a number of provisions of the Civil Procedure Code of the Republic of Kazakhstan will cease to apply.
It should be noted that this Code regulates the internal administrative procedures of state bodies, relations related to the implementation of administrative procedures, the procedure of administrative proceedings, as well as allows citizens to actively participate in the decision-making process of the authorities.
In accordance with the requirements of the Code, administrative procedures and administrative proceedings are carried out on the basis of the following principles:
- Principle of priority of rights - all doubts, contradictions and ambiguities in the legislation of the Republic of Kazakhstan on administrative procedures are explained in favor of the participant of the administrative procedure;
- Prohibition of abuse of formal requirements - it is prohibited for an administrative body, official to refuse, restrict, terminate the rights of a participant in an administrative procedure, as well as impose obligations on him in order to comply with requirements not established by the legislation of the Republic of Kazakhstan;
- Protection of the right of trust - the trust of the participant of the administrative procedure in the activities of the administrative body, official is protected by the laws of the Republic of Kazakhstan. An administrative act, administrative action (inaction) is considered legal and justified, unless the administrative body, official or court determines that it is negative in accordance with the laws of the Republic of Kazakhstan;
- Active role of the court - Administrative proceedings are carried out on the basis of the active role of the court. The court examines not only the explanations, statements, petitions of the participants in the administrative proceedings, the arguments, evidence and other materials provided by them, but also a comprehensive, complete and objective examination of all specific circumstances relevant to the proper resolution of the administrative case. The court collects additional materials and evidence on its own initiative or at the motivated request of the participants in the administrative proceedings, as well as performs other actions aimed at solving the tasks of administrative proceedings.
I believe that the new code will not only strengthen the protection of citizens' rights in the consideration of disputes by government agencies, but also increase civic engagement in the process of making administrative decisions at the state level, and the mechanisms of administrative justice will gain high public confidence.
Chief Inspector of State and Legal Department
of Office of the Akim of Atyrau region
A.Kh. Dauletova