Principles of Administrative Procedure and Proceedings in Kazakhstan against the Background of Foreign Experience

Abstract

The study purpose is to analyze the principles of administrative procedure and proceedings established in the Administrative Procedural Code of the Republic of Kazakhstan, as well as to identify recommendations for their improvement in legislation and in law enforcement practice. The concept and principles of administrative procedure and proceedings are analyzed, and deficiencies in the legal regulation of administrative procedure and proceedings principles are revealed. The study proceeds from the assumption that the existing set of principles of administrative procedure in the Republic of Kazakhstan, set out in the new Administrative Procedure and Processual Code of the Republic of Kazakhstan, limit the possibilities for protecting the rights of citizens in the administrative and procedural order. Being limited to the existing set, they significantly narrow the possibilities for improving administrative and legal norms in the future. Based on the review of specialized foreign legislative regulation in the field of administrative procedure, the study gives grounds to say that when developing a new act, the Kazakh legislator did not use positive foreign experience. The experience of Kazakhstan can be used in other countries that are faced with the need to reform or develop administrative procedural regulations.