August 11, 2021

Refresher courses “Topical issues in the implementation of the Administrative Procedural Code of the Republic of Kazakhstan” for the Akmola and Karaganda Bar Associations in cooperation with the Scientific and Legal Centre for the Development of Civil Society

Between June and July 2021, Botagoz Omarova held a lecture on the Program of Advanced Training Courses “Topical Issues of Implementation of the Administrative Procedural Code of the Republic of Kazakhstan” for the Akmola and Karaganda Bar Associations in cooperation with the Scientific and Legal Centre for the Development of Civil Society. The lecture dealt with the key concepts introduced by the APPC: administrative authority, administrative act and administrative procedure. Botagoz O. introduced the most important principles of administrative procedure and the procedure for appealing an administrative act.

The lecture was accompanied by discussions on current problems that advocates had already encountered in practice.

One such example is the procedure for appealing the decision of the Public Procurement Commission. Thus, while both the commission’s decision and the public procurement contract could be appealed in civil proceedings prior to the introduction of the APPC, the decision is now subject to appeal to the administrative court and the civil court.

A relevant issue among advocates is also the procedure for appealing against the bailiffs. Thus, appeals against decisions and actions (or omissions) of the bailiff to execute an executive document or the refusal to do so may be lodged by the plaintiff or the debtor with the court in the administrative proceedings; Article 127 of the Enforcement Procedure Act.

It should be noted that the time limit for filing an action is 10 working days from the date on which the act was performed (refusal to act) or from the day on which the plaintiff or the debtor, who has not been informed of the time and place of commission of the act by the bailiff, became aware of it. There is no pre-trial appeal procedure.

The concept of “administrative body” was of particular interest to the listeners. In recent years, as part of the ongoing administrative reform, with a view to relieving the State apparatus, State functions have been transferred to a competitive environment and to self-regulating organizations. In this sense, the concept of the entity exercising a State function has expanded, meaning that it is not only the State organ within the APPC that can enact an administrative act. For this purpose the developer introduced the concept of “administrative body”.