THE NEW CODE PROVIDES EXTENSIVE COVERAGE OF CONCILIATION PROCEDURES

Since July of this year, a new administrative procedural code comes into force in the country. According to lawyers, in the new code, the court, on its own initiative or at the reasoned request of participants in the administrative process, can collect additional materials and evidence. In addition, it performs other actions aimed at solving the tasks of administrative proceedings. Thus, the judge presiding in the case has the opportunity to correct the claim of a citizen, to provide him with legal support, that is, to comprehensively, fully and objectively investigate all the factual circumstances that are important for the correct resolution of an administrative case.

"In accordance with this law, the judge is given new powers and rights, the judge has the right to express his preliminary legal opinion on legal grounds relating to specific and legal aspects of an administrative case. Previously, such a right was not given to the judge and he could not express his opinion on the case. The new code provides extensive coverage of conciliation procedures. If the parties have come to a decision to settle the dispute through reconciliation, mediation or participatory settlement, then the agreement is concluded in writing, which is signed by both parties or their representatives," says Artykbay Beisenov, a member of the Republican Bar Association, Turkestan Regional Bar Association, head of the legal advice department for the Keles district, lawyer.

According to him, the judge will help resolve the dispute in the process, can take the necessary measures to reconcile the parties. Agreements that violate the rights, freedoms and legitimate interests of people are also not allowed, and if the agreement on reconciliation, mediation or dispute in the framework of the participation procedure or its terms are contrary to the law, it is rejected by the court. The new code provides for the parties to reach mutual agreement, reconciliation with each other as the main condition. Lawyers note that the new law reflects the humanitarian orientation, effective humanization of the legislation.

Press service of the akim of the Turkestan region