TO ISSUE OF ANALYSIS OF PRINCIPLES OF LEGALITY AND FAIRNESS IN THE SYSTEM OF ADMINISTRATIVE JUDICIAL PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN

The article examines in detail the importance and role of legal principles in administrative justice in the Republic of Kazakhstan. Exploring the models of transition of the countries of the former USSR to the administrative justice system and the specifics of its implementation in Kazakhstan, the authors focus on the legal consolidation of the principles of legality and justice in the Administrative Procedural Code of the Republic of Kazakhstan. A systematic analysis of the need to apply the principle of justice along with the principle of legality formed the methodological basis of the article. The article examines the works of Kazakhstani and foreign scientists in the field of application of the norms and principles of the law in administrative proceedings. In addition, the article discusses some aspects of improving the administrative justice system in terms of legislative regulation of the application of legal principles. Special attention is paid to the analysis of practical aspects of the implementation of the principles of legality and justice in judicial practice, in particular administrative proceedings, which allows a deeper understanding of the mechanisms of their application in the context of the modern legal system of Kazakhstan. The problems faced by judges and participants in administrative proceedings in the interpretation and application of these principles, as well as possible ways to improve judicial practice, are also considered. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative procedures, and therefore the entire system of public administration. In particular, attention is focused on the interaction of the principles of legality and fairness with other key principles of administrative proceedings. This comprehensive approach allows us to identify new prospects for improving the theoretical and practical aspects of the development of administrative justice in the Republic of Kazakhstan.

Authors

Publication Details

Journal
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Published
2025-03-28
DOI
https://doi.org/10.52026/2788-5291_2025_80_1_81
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
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article

TO ISSUE OF ANALYSIS OF PRINCIPLES OF LEGALITY AND FAIRNESS IN THE SYSTEM OF ADMINISTRATIVE JUDICIAL PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN

Yerik Akhmetov, Aigul Akhmetova, Yermek B. Abdrassulov
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Law, Economics, and Judicial Systems
article

TO ISSUE OF ANALYSIS OF PRINCIPLES OF LEGALITY AND FAIRNESS IN THE SYSTEM OF ADMINISTRATIVE JUDICIAL PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN

Yerik Akhmetov, Aigul Akhmetova, Yermek B. Abdrassulov
article en

Abstract

The article examines in detail the importance and role of legal principles in administrative justice in the Republic of Kazakhstan. Exploring the models of transition of the countries of the former USSR to the administrative justice system and the specifics of its implementation in Kazakhstan, the authors focus on the legal consolidation of the principles of legality and justice in the Administrative Procedural Code of the Republic of Kazakhstan. A systematic analysis of the need to apply the principle of justice along with the principle of legality formed the methodological basis of the article. The article examines the works of Kazakhstani and foreign scientists in the field of application of the norms and principles of the law in administrative proceedings. In addition, the article discusses some aspects of improving the administrative justice system in terms of legislative regulation of the application of legal principles. Special attention is paid to the analysis of practical aspects of the implementation of the principles of legality and justice in judicial practice, in particular administrative proceedings, which allows a deeper understanding of the mechanisms of their application in the context of the modern legal system of Kazakhstan. The problems faced by judges and participants in administrative proceedings in the interpretation and application of these principles, as well as possible ways to improve judicial practice, are also considered. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative procedures, and therefore the entire system of public administration. In particular, attention is focused on the interaction of the principles of legality and fairness with other key principles of administrative proceedings. This comprehensive approach allows us to identify new prospects for improving the theoretical and practical aspects of the development of administrative justice in the Republic of Kazakhstan.

Bulletin of Institute of Legislation and Legal Information of the Republic of KazakhstanVol. 80(1)
Openalex Percentile: Top 91%
Law, Economics, and Judicial Systems
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