Archives of Humanities & Social Sciences Research
- ISSN: 3065-3568
Yõrik B. ÃÂkhmõtþv
The article deals with the issues of competence of administrative courts in the Republic of Kazakhstan and in foreign countries. The main attention is paid to the identification of the features of the administrative shipbuilding in the Republic of Kazakhstan. The scientific novelty lies in the study of the basic principles of the organization of administrative courts and administrative proceedings. The author concludes that everyone, in the event of a dispute about his civil rights and obligations or when any charge is brought against him, has the right to a fair and public hearing of the case within a reasonable time by an independent and impartial court established on the basis of the law. A brief overview of the main activities of administrative courts in the Republic of Kazakhstan and in neighboring countries was made. At the same time, the institution of administrative procedures, especially their principles, as well as the principles of the administrative process in general, for the legislator and even the doctrine still remain largely unexplored and obscure problem. The author also concluded that the main feature of the principles of administrative procedures is their direct effect and specific regularity. At the same time, in order to form an effective administrative justice, it is necessary to create effective institutions and an appropriate system of bodies that contribute to its full implementation. In the framework of administrative proceedings, the parties, one of which is a public authority, an official with authority, and on the other, an individual or a legal entity, are initially not in an equal position. In this regard, the Administrative Procedural Code of the Republic of Kazakhstan (hereinafter referred to as the APPC RK) introduces the principle of the active role of the court to eliminate this inequality, the essence of which is the active participation of the court in administrative proceedings and is aimed at maintaining a balance between the parties and ensuring equal opportunities for them. Thus, further analysis of the basic principles of administrative procedures and process is needed.