Non-normative acts of executive bodies as an instrument for implementing administrative discretion under the legislation of Kazakhstan and foreign countries

This study aims to identify contemporary issues in the formalisation, preparation, and application of the non-normative act (NNA) as an instrument for implementing administrative discretion from a comparative perspective. To achieve the set objectives, a comparative legal approach was employed to analyse the experience of four civil law countries: Kazakhstan, Romania, Ukraine, and Poland. The study draws on three complementary methods: comparative legal analysis, formal legal analysis, and doctrinal interpretation. The four countries were selected based on their shared continental legal tradition and post-socialist heritage, making comparison with Kazakhstan particularly instructive. The analysis centres on four parameters: the legislative definition of the NNA, the limits of administrative discretion, procedural guarantees for the addressee, and mechanisms of judicial review. The findings suggest that in these European countries, the NNA lacks a single, clear legal definition in laws and subordinate legislation. Issues persist regarding blurred boundaries of administrative discretion, the influence of internal instructions, and insufficient procedural guarantees in the adoption of NNAs. Conversely, Kazakhstan’s legislation defines this term, providing a typology that divides NNAs into subtypes. An analysis of the administrative procedure legislation of the three European countries reveals significant gaps.