The Administrative Code of Procedure and Procedure of the Republic of Kazakhstan will enter into force on July 1, 2021.
The APPC is aimed at regulating public-law relations that arise between an administrative body and a person in respect of whom the public functions of this administrative body established by law are implemented.
At the same time, a list of relations is provided for which the provisions of the APPC will not apply.
The APPC does not regulate relations related to:
1) The CPC, CPC and Administrative Code; (Code of Criminal Procedure), (Code of Civil Procedure) and (Code of Administrative Offences);
2) legislation on the Constitutional Council and the Supreme Judicial Council;
3) budget legislation in terms of the procedure for implementing state and budget types of planning;
4) The Law "On Legal Acts" regarding the procedure for the development, presentation, discussion, introduction and publication of legislative and other regulatory legal acts of the Republic of Kazakhstan;
5) legislation on elections and republican referendums;
6) legislation on foreign intelligence, counterintelligence, operational-search activities, as well as on ensuring the security of protected persons and objects and conducting security measures;
7) the legislation on notaries in terms of performing notarial acts.
In other cases, compliance with the requirements of the APPC in terms of the implementation of administrative procedures is mandatory for administrative bodies in the part where it is not regulated by industry (special) legislation.
However, the transitional provisions of the APPC provide for the provision�This measure is necessary to consolidate administrative procedures in accordance with common standards.
The Code defines the concepts of "administrative body" and "administrative act", which will play a key role in establishing an administrative procedure that meets international standards.
The definition of the term "administrative body" used in the APPC corresponds to the experience of European countries and a number of post-Soviet countries that have adopted laws on administrative procedures in accordance with international standards – Kyrgyzstan, Azerbaijan, Armenia, Latvia, Georgia, etc.
Thus, in the legislation on administrative procedures of the above-mentioned countries, an administrative body is understood not only as a state body, but also as other entities with powers in the field of public administration (public functions).
This approach is quite acceptable for our legislation, which allows other non-governmental organizations and individuals to be given public functions.
According to the APPC, administrative procedure is the activity of an administrative body, an official to consider an administrative case, make and execute a decision on it, performed on the basis of an appeal or on its own initiative, as well as activities carried out in accordance with a simplified administrative procedure.
The result of the administrative procedure will be an administrative act or action (inaction) an administrative body that is not related to the adoption of an administrative act.
An administrative act, in turn, is understood as a decision taken by an administrative body, an official in public relations, implementing the rights and obligations of a certain person or an individually defined circle of persons established by the laws of the Republic of Kazakhstan.
At the same time, within the framework of the APPC, an administrative act can be adopted not only in writing, but also in another form (oral speech, giving a gesture or signal, etc., for example, an oral order to check documents in an emergency; a gesture of a police officer), since the main condition for recognizing the act as administrative (regardless of its form) is the occurrence of legal consequences for the person against whom the administrative act was adopted.
In order to simplify the procedure for consideration of applications by administrative bodies, an administrative act is divided into favorable and burdensome (negative).
A burdensome administrative act is an act that denies implementation, restricts, terminates the right of a participant in an administrative procedure or imposes an obligation on him, as well as otherwise worsens his situation.
Favorable, in turn, is an act that implements the right of a participant in an administrative procedure or terminates the obligation imposed on him, as well as otherwise improves his position.
The proposed delineation of administrative acts will optimize administrative procedures for the adoption of favorable administrative acts, since in this case there is no need to comply with the requirements imposed by the APPC for mandatory justification of the adopted act, hearing the applicant (addressee of the administrative act), collecting evidence and materials for the adoption of the administrative act.In addition, such a distinction is necessary for the implementation of the principle of protection of the right to trust.
The APPC establishes new principles that are mandatory for all administrative bodies to comply with.