The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan

The article is an attempt to assess the functioning of the Code of Administrative Procedure of the Republic of Kazakhstan of 2020 in practice after 3 years of its application. A characteristic feature of this Code is that it covers both the proceedings of administrative bodies and proceedings befor...

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Main Author: Aiym Szajachmetova
Format: Article
Language:Polish
Published: Lodz University Press 2025-07-01
Series:Acta Universitatis Lodziensis Folia Iuridica
Subjects:
Online Access:https://czasopisma.uni.lodz.pl/Iuridica/article/view/24251
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author Aiym Szajachmetova
author_facet Aiym Szajachmetova
author_sort Aiym Szajachmetova
collection DOAJ
description The article is an attempt to assess the functioning of the Code of Administrative Procedure of the Republic of Kazakhstan of 2020 in practice after 3 years of its application. A characteristic feature of this Code is that it covers both the proceedings of administrative bodies and proceedings before administrative courts, and its purpose is to raise the level of quality of public administration, as well as to consolidate the principles of judicial control of administration. The author draws attention to the strengths of this legal act, so important during the period of intensive systemic transformation in Kazakhstan. Its most important advantages include codification of general principles of procedure and definition of basic normative concepts. At the same time, she indicates a number of shortcomings of the legal regulation. She considers the most important to be the leaving of some disputes in the field of public law within the jurisdiction of ordinary courts. She sees an insufficient level of legal protection, in particular, in cases of administrative penalties for administrative offenses that have not been covered by the regulation of the Code of Administrative Procedure, despite their administrative nature.
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publisher Lodz University Press
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series Acta Universitatis Lodziensis Folia Iuridica
spelling doaj-art-b9964d61c0354499b0a87598f27ae2f32025-08-20T03:18:15ZpolLodz University PressActa Universitatis Lodziensis Folia Iuridica0208-60692450-27822025-07-0111010.18778/0208-6069.110.10The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in KazakhstanAiym Szajachmetova0https://orcid.org/0000-0001-8223-2822Sąd Miejski w Astanie, Wydział Cywilny The article is an attempt to assess the functioning of the Code of Administrative Procedure of the Republic of Kazakhstan of 2020 in practice after 3 years of its application. A characteristic feature of this Code is that it covers both the proceedings of administrative bodies and proceedings before administrative courts, and its purpose is to raise the level of quality of public administration, as well as to consolidate the principles of judicial control of administration. The author draws attention to the strengths of this legal act, so important during the period of intensive systemic transformation in Kazakhstan. Its most important advantages include codification of general principles of procedure and definition of basic normative concepts. At the same time, she indicates a number of shortcomings of the legal regulation. She considers the most important to be the leaving of some disputes in the field of public law within the jurisdiction of ordinary courts. She sees an insufficient level of legal protection, in particular, in cases of administrative penalties for administrative offenses that have not been covered by the regulation of the Code of Administrative Procedure, despite their administrative nature. https://czasopisma.uni.lodz.pl/Iuridica/article/view/24251the concept of the „listening state”administrative procedurejudicial control of administrationgeneral principles of procedureadministrative penalties
spellingShingle Aiym Szajachmetova
The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan
Acta Universitatis Lodziensis Folia Iuridica
the concept of the „listening state”
administrative procedure
judicial control of administration
general principles of procedure
administrative penalties
title The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan
title_full The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan
title_fullStr The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan
title_full_unstemmed The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan
title_short The Importance of Codification of Administrative Procedure for the Protection of Individual Rights in Kazakhstan
title_sort importance of codification of administrative procedure for the protection of individual rights in kazakhstan
topic the concept of the „listening state”
administrative procedure
judicial control of administration
general principles of procedure
administrative penalties
url https://czasopisma.uni.lodz.pl/Iuridica/article/view/24251
work_keys_str_mv AT aiymszajachmetova theimportanceofcodificationofadministrativeprocedurefortheprotectionofindividualrightsinkazakhstan
AT aiymszajachmetova importanceofcodificationofadministrativeprocedurefortheprotectionofindividualrightsinkazakhstan