The current level of political and legal development of Kazakhstan, the state of the rights and freedoms of citizens are of deep interest to the issues of administrative justice.
The main task of administrative justice is to protect the rights and freedoms of citizens and legal entities from illegal actions of state bodies.
In the President's Address to the people of Kazakhstan "Kazakhstan's Way-2050: common Goal, Common Interests, Common Future", special attention is paid to the need to further improve the work of state institutions, implement the principles of justice and fairness, and introduce administrative justice to resolve disputes between the state and the citizen.
In order to implement these tasks, the Ministry of Justice and the Supreme Court have developed a draft Administrative Procedural Code (hereinafter referred to as the AIC).
The Code regulates public relations between State bodies and individuals and legal entities related to public law.
Simply put, for example, a citizen applies for a land plot from the state. The AIC sets out this procedure in detail, that is, explains how to submit an application, which state body will consider it, and what decision was made.
Also, pre-trial settlement (administrative procedure) and judicial (administrative proceedings) regulate the procedure for resolving disputes between state bodies and individuals and legal entities in case of disagreement with the decision of an official. The Code combines the issues of relations between citizens and legal entities, state bodies and the court until the submission of an application and the final decision on a certain issue.
In short, the AIC seeks to balance the rights of the common man and the man in power.
The AIC consists of two parts: procedural and procedural.
The first section reflects the procedure for considering the appeal of a citizen and a legal entity by state bodies, making a decision on it and appealing in case of disagreement. The rights and obligations of the parties are fixed.
Citizens have the right to conduct their affairs through representatives; to be heard before the adoption of an administrative act; to get acquainted with the materials, to receive records; to appeal against the administrative act; to speak in their own language and to seek the help of an interpreter.
The Code sets out general requirements for applications.
Decisions made by the authorities are now called administrative acts. The decision is made by the official within 15 working days (extension for up to 2 months is possible). In case of disagreement with the responses of state bodies, complaints are considered within 15 working days.
As for important innovations.
The first section of the Agribusiness Code clearly reflects the levels of consideration of appeals from individuals and legal entities and decision-making by state bodies on them.
The second part of the AIC is devoted to the consideration of disputes in court. Here the entire procedure of the judicial process is spelled out, the norms are approved from the submission of an application to the adoption of a decision and the revision of judicial acts.
The administrative Court considers cases on appeal against decisions and actions of state authorities, officials and local executive authorities. The participants in the trial are the plaintiff, the defendant, the interested person and the prosecutor. The defendant can only be an administrative body or an official.
The Administrative Court pays special attention to ensuring the unwavering enforcement of its decisions. For this purpose, the institution of monetary recovery is being introduced. Such a measure is applied for non-compliance with court decisions and requirements. The amount of monetary recovery varies from 10 MCI to 100 MCI. The monetary penalty may be applied several times before the execution of the final court decision. This will increase the level of respect for the rights of persons involved in the case and the execution of judicial acts.
Let's focus on the tasks and competence of the prosecutor within the framework of the agro-industrial complex.
The main task of the Prosecutor's office is to restore the violated rights and legitimate interests of citizens and legal entities.
In accordance with the APC, the prosecutor has the right to file a lawsuit to restore the violated rights and protect the interests of persons, society and the state who, due to physical, mental and other circumstances, cannot independently protect the rights and interests of individuals, society and the state, if this is necessary to prevent irreparable consequences for the life, health of these persons or the security of the Republic of Kazakhstan.
In addition, if an administrative body or an official rejects a protest against an administrative act that does not comply with the law, as well as an administrative action (inaction), the prosecutor may file a claim with the court.
In contrast to the Civil Procedure Code, the participation of the prosecutor in the case is more specified. The Prosecutor for the Agro-industrial complex participates and gives an opinion on tax, customs, budget, land, environmental disputes, as well as on cases on the protection of electoral rights and appeals against the actions of the state bailiff (from the state and when collecting from the state).
This Code, in accordance with the idea of the rule of law, is a new stage in relations between the state and society. Conducting judicial control of state bodies, pointing out errors and shortcomings contribute to improving the quality of work of all persons involved in the process.
Administrative justice is one of the ways of normal and harmonious development of legal institutions and ensuring justice.
