March 1, 2023

The Ministry of Justice of the Republic of Kazakhstan has developed approaches to improve administrative proceedings

The Ministry of Justice of Kazakhstan has developed approaches to improve legislation on administrative proceedings. This was announced by Vice-Minister of Justice of the Republic of Kazakhstan Alma Mukanova at a briefing of the Central Communications Service.

A. Mukanova explained the main approaches to improving legislation on administrative procedures and administrative proceedings.

“Currently, the Ministry of Justice has already worked out certain directions within the framework of the tasks facing us. The basis for this work was the data developed based on the results of the analytical work of the Ministry of Justice on administrative legislation, as well as international experience. The most important areas should include, firstly, the possibility of transferring certain types of administrative penalties that provide for a sanction in the form of revocation of a permit or suspension of its validity into industry-specific regulatory legal acts. The implementation of this direction will make it possible to fully use the mechanisms for protecting the rights and freedoms of individuals provided for by the APPC, thereby increasing the chances of making a more legitimate and fair decision,” the Vice Minister said.

According to her, this approach is practiced, in particular, in Germany, Latvia and other countries.

According to A. Mukanova, the Ministry also proposes the exclusion of certain public law institutions from civil procedure legislation. In particular, these are proceedings on cases: on the establishment of irregularities in civil status records; on the expulsion of a foreigner or stateless persons from Kazakhstan for violating the law.

In addition, according to the Vice Minister, the Ministry considers it expedient to transfer proceedings on cases of challenging the legality of a regulatory legal act to the APPC, since these proceedings also relate to the sphere of public legal relations, and compliance with the rule of law in public legal relations is not the task of civil proceedings.

A. Mukanova noted that this translation is proposed taking into account the specifics of the activities of the Constitutional Court of the Republic of Kazakhstan, as well as the need for a clear distinction between constitutional court proceedings and proceedings on cases challenging the legality of normative legal acts.